Agenda, regular meeting, first session — Del Mar City Council, October 17, 2022 (part 1 of 3)

Table of Contents
2022-10-17 Regular Meeting Agenda.pdf
Item 1 - Minutes 10-3-2022.pdf
Item 2 - List of Demands.pdf
Item 4 - Agreements for Fiscal Impact Consulting Services.pdf Item 5 - Agreements for As-Needed Geotech services.pdf
Item 6 - Portable Restroom Services.pdf
Item 7 - Amendments to As-Needed Consultant Services Agreements.pdf Item 8 - Lagoon Committee Appointment.pdf
Item 9 - Civic Center Operations Guide Revisions.pdf
Item 10 - Mayor's Monarch Pledge.pdf
Item 11 - HdL Buisness License Service Agreement.pdf
Item 12 - PSOMAS Task Order.pdf
Item 13 - Fire Code Update Ordinance Second Reading.pdf Item 14 - Building Code Update Second Reading.pdf
Item 15 - Fee Schedule.pdf
Item 17 - Building Electrification Discussion_FINAL.pdf Item 18 - EP22-064 Initial Consideration Report.pdf
Item 19 - Retaining Wall Materials for UUP.pdf
Item 20 - NCTD LOSSAN Funding Letter_Final Packet.pdf
Item 21 - DMF City Tree Donation Request.pdf
Item 22 - AB361 Remote Public Meetings.pdf
Item 23 - 2023 City Council Meeting Schedule.pdf
2 11
16 38
66 97
113
159
181
235
239
257
275
291
305
325
368
378
382
386
390
395
Del Mar City Council Meeting Agenda

VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Remote Regular Meeting

VIA TELECONFERENCE ONLY
Monday, October 17, 2022 at 4:30 PM
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the Del Mar City Council, the City of Del Mar is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically or by teleconference. This is not an in-person meeting.

Public Participation/Comment
Members of the public can participate in the meeting by either submitting a written red dot comment via email to
[email protected] or by speaking live using the Zoom link and/or dial-in information provided below. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda.

Zoom Link: https://us02web.zoom.us/j/84790910014
Phone: (669) 900-6833
Meeting ID: 847 9091 0014
While registration is not required, staff recommends members of the public submit an optional tele-comment request form (www.delmar.ca.us/telecomment) to assist with speaker
management during the meeting. For more information please visit: www.delmar.ca.us/publiccomment.

Viewing the Meeting and Access to Agenda Materials
Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM.

Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website: http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at City Hall and the Del Mar Library during their business hours.

Special Needs: In compliance with the Americans with Disabilities Act, if you need special assistance to participate remotely in this meeting, please contact the Administrative Services Department via email at [email protected] or by calling (858) 755-9313, preferably at least 48 hours in advance of the meeting if possible.

Dwight Worden
Mayor
Tracy Martinez
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting October 17, 2022
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Public oral communications will take place shortly after the start of the meeting. Those wishing to comment on any matter not on the agenda may join the meeting at 4:30 PM using the Zoom link and dial-in information: https://us02web.zoom.us/j/84790910014; Phone: (669) 900-6833; Meeting ID: 847 9091 0014.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council, staff, or the public so requests, in which event, the item will be considered separately.

1. Approval of Minutes: October 3, 2022 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated October 17, 2022 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4

4. Approval of Agreements for As-Needed Economic Impact and Fiscal Analysis Consulting Services
Del Mar City Council Regular Meeting October 17, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Recommended Action: Staff recommends that the City Council: 1) Approve asneeded agreements with Keyser Marston Associates, Inc. (Attachment A) and David Taussig and Associates, Inc. (Attachment B) for as-needed economic impact and fiscal analysis consulting services for an initial three year period effective October 17, 2022, and ending October 17, 2025; and 2) Authorize the City Manager to execute the agreements.

Reference: Clerk’s File No. 406-1

5. Approval of Agreements for As-Needed Geotechnical Services Recommended Action: Staff recommends that the City Council: 1) Approve consulting services agreements with Atlas Technical Consultants LLC (Attachment A) and Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (Attachment B) to provide as-needed geotechnical services for an initial threeyear period effective November 19, 2022, and ending November 19, 2025; and 2) Authorize the City Manager to execute the agreements.

Reference: Clerk’s File No. 406-1

6. Agreement with United Site Services of California, Inc. for Portable Restroom Services
Recommended Action: Staff recommends that the City Council: 1) Award an agreement with United Site Services of California, Inc. (United Site Services) (Attachment A) for portable restroom services for an initial three-year period effective November 1, 2022 and ending November 1, 2025; and 2) Authorize the City Manager to execute the agreement.

Reference: Clerk’s File No. 406-1

7. First Amendments to Agreements for As-Needed General Engineering; Surveying; and Fats, Oil, and Grease Program Services
Recommended Action: Staff recommends that the City Council:
1) Approve the First Amendment to the Agreement between the City of Del Mar and Dudek (Attachment A) for as-needed general engineering (construction management) services for an additional two-year period ending November 18, 2024; 2) Approve the First Amendment to the Agreement between the City of Del Mar and PSOMAS (Attachment B) for as-needed surveying services for an additional two-year period ending November 18, 2024;3) Approve the First Amendment to the Agreement between the City of Del Mar and Mikhail Ogawa Engineering Inc. (Attachment C) for as-needed Fats, Oil, and Grease program services for an additional two-year period ending November 18, 2024; and 4) Authorize the City Manager to execute the First Amendments.

Del Mar City Council Regular Meeting October 17, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 406-1

8. Lagoon Committee Appointment
Recommended Action: The City Council Liaisons to the Lagoon Committee recommend that the City Council re-appoint Karen Lare to the Lagoon Committee as a voting member to serve a second full three-year term starting October 31, 2022 and ending on October 31, 2025.

Reference: Clerk’s File No. 401-5

9. Proposed Amendment to Civic Center Operations and Special Event Plan Related to Approved Users of the Civic Center Facilities Recommended Action: Mayor Worden and Deputy Mayor Martinez recommend that the City Council amend the Civic Center Operations and Special Event Plan to include local non-profit WildCoast on the list of approved users of Civic Center facilities (Attachment A).

Reference: Clerk’s File No. 103-4

10. Mayor's Monarch Pledge Resolution
Recommended Action: Mayor Worden requests that the City Council adopt a Resolution (Attachment A) supporting the Mayor’s Monarch Pledge to raise awareness about the decline of the monarch butterfly.

Reference: Clerk’s File No. 401-1

11. Approval of Agreement for Business License Tax and Administrative Services
Recommended Action: Staff recommends that the City Council: 1) Approve the professional services agreement (Agreement) with Hinderliter De Llamas & Associates (HdL) (Attachment A) for business license tax and administrative services for an initial three-year period effective October 17, 2022, and ending October 17, 2025; and 2) Authorize the City Manager to execute the agreement.

Reference: Clerk’s File No. 406-1

12. Approval of a Task Order with PSOMAS to Perform Engineering Design Services for the 2023 Water, Wastewater, Pavement Improvements Project Recommended Action: Staff recommends that the City Council: 1) Approve a $66,510 task order with as-needed engineering consultant PSOMAS to perform design services for the 2023 Water, Wastewater, Pavement Improvements Project; and 2) Authorize the City Manager to execute the Task Order.

Del Mar City Council Regular Meeting October 17, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 406-1

13. Adoption of the 2022 Fire Code
Recommended Action: Staff recommends the City Council adopt an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 10.04 to adopt the 2022 California Fire Code, as introduced on October 3, 2022.

Reference: Clerk’s File No. 401-4, 401-9, 1101-8

14. Adoption of the 2022 California Building Code and Local Amendments Recommended Action: Staff recommends the City Council adopt an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 23.12 to adopt the 2022 California Building Code and continue to apply various locally adopted amendments thereto as necessary to reflect Del Mar’s unique characteristics and approach to design and development review, as introduced on October 3, 2022.

Reference: Clerk’s File No. 401-4, 401-9, 801-4
IX. PUBLIC HEARINGS

15. Planning and Engineering Fee Schedule Administrative Update Recommended Action: Staff recommends that the City Council conduct a public hearing and adopt a Resolution (Attachment A) approving administrative updates to the Fiscal Year 2022-2023 City of Del Mar Fee Schedule for Planning and Engineering Services.

Reference: Clerk’s File No. 301-16, 801-3, 802-2

16. Continued to November 14, 2022 Council Meeting: De Novo Hearing of TVS21-002
Recommended Action: Staff recommends that the City Council continue the public hearing to the November 14, 2022 Meeting.

Reference: Clerk’s File No. 1403-7
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
Del Mar City Council Regular Meeting October 17, 2022
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

17. Consideration of Adding a Building Electrification Ordinance to Staff’s Fiscal Year 2022-2023 Work Plan
Recommended Action: The City Council Liaisons to the Sustainability Advisory Committee recommend the City Council consider whether to add the processing of a building electrification ordinance for the City of Del Mar to staff’s Fiscal Year (FY) 2022-2023 work plan.

Reference: Clerk’s File No. 401-4, 401-5

18. Initial Consideration of an Appeal of the City Manager’s Decision on Encroachment Permit EP22-064
EP Applicant/Appellant: Steven Crowe
Applicant’s Address: 111 Sea Cliff Way
Recommended Action: It is recommended that the City Council not set the appeal for a de novo hearing.

Reference: Clerk’s File No. 802-1

19. Consideration of Retaining Wall Materials for Utility Undergrounding Project Recommended Action: Staff recommends that the City Council: 1) Consider and select a retaining wall material for all future phases of the Utility Undergrounding Program (UUP); 2) Authorize staff to select an alternative retaining wall material that is the closest available match to what was approved by the Council if the selected material becomes discontinued; and 3) Authorize staff to select an alternative retaining wall material that is compatible with the surrounding environment and conditions in unique situations where the approved wall material would not be suitable.

Reference: Clerk’s File No. 1001-2

20. Consideration of a Letter to the North County Transit District Regarding LOSSAN Rail Realignment Funding
Recommended Action: It is recommended that the City Council: 1) Receive a report from Councilmember Gaasterland who serves as the City’s alternative representative to the North County Transit District (NCTD) Board; and 2) Authorize the transmittal of a letter (Attachment A) from the City of Del Mar to NCTD opposing a potential recommendation to the San Diego Association of Governments (SANDAG) to use $300 million in State funding earmarked for the Los Angeles–San Diego–San Luis Obispo Rail Corridor (LOSSAN) Rail Realignment Project on alternative infrastructure projects.

Reference: Clerk’s File No. 1005-2, 1506-20
Del Mar City Council Regular Meeting October 17, 2022
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

21. Consideration of a Tree Donation Proposal from the Del Mar Foundation Recommended Action: The City Council Liaisons to the Parks and Recreation Committee request that the City Council: 1) Initially consider a tree donation proposal from the Del Mar Foundation (DMF); 2) Provide direction as to whether or not to add this as a City staff and Parks and Recreation Committee work plan item for FY 2022-23; and 3) Provide feedback for all parties to consider in evaluating and refining a final proposal for future Council consideration.

Reference: Clerk’s File No. 1202-5, 1202-11

22. Consider Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
Recommended Action: Staff recommends the City Council: 1) Consider a Resolution (Attachment A) making the finding required by Government Code 54953 to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 pandemic; and 2) Provide direction to staff on the timing for resuming in-person public meetings.

Reference: Clerk’s File No. 401-7

23. Adoption of the 2023 City Council Meeting Schedule
Recommended Action: Staff recommends that the City Council adopt the Resolution (Attachment A) approving the 2023 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule.

Reference: Clerk’s File No. 401-1
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Druker) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Druker/Martinez) E. League of California Cities – San Diego Chapter (Worden/Martinez) F. North County Transit District (NCTD) (Quirk/Gaasterland/Druker) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Druker/Quirk)
I. SANDAG Borders Committee (Druker)
Del Mar City Council Regular Meeting October 17, 2022
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group (Worden/Gaasterland) L. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Ad-Hoc Referendum Subcommittee (Gaasterland/Druker)
B. Arts Advisory Committee (Druker/Worden)
C. Clean Water Rate Project (Druker, Quirk)
D. Del Mar Community Connections (Martinez/Quirk)
E. Del Mar Village Association (Druker/Quirk)
F. Finance Committee (Gaasterland/Quirk)
G. Housing Subcommittee (Gaasterland/Martinez)
H. Human Resources Subcommittee (Druker/Worden)
I. Legislative Subcommittee (Gaasterland/Druker)
J. Long-Term Rail Relocation Subcommittee (Gaasterland/Druker) K. Measure Q Citizen Oversight Committee (Druker/Quirk) L. Parks and Recreation Committee (Druker/Worden)
M. Planning Process Subcommittee (Druker/Gaasterland)
N. Safe Rail Crossing and Bluff Stabilization Subcommittee (Gaasterland/Druker) O. Lagoon Committee (Quirk/Worden)
P. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
Q. Shores Advisory Committee (Gaasterland/Martinez)
R. Solid Waste Procurement Services Ad-Hoc Subcommittee (Quirk/Worden) S. Sustainability Advisory Committee (DrukerWorden)
T. Traffic and Parking Advisory Committee (Martinez/Worden) U. Undergrounding Project Advisory Committee (Gaasterland/Quirk) V. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

November 14, 2022
USACE/Solana Beach/Encinitas Information Item on 50-Year Sand Replenishment Project (Susan Ming USACE)
EP22-082 SANDAG Phase 5 Bluff Stabilization
Del Mar City Council Regular Meeting October 17, 2022
Agenda Page 9
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us De Novo Hearing of TVS21-002
Credit Card Processing Fee Update and Agreement
Fairgrounds Housing Planning:Council Direction on Next Steps Coastal Connection Conceptual Planning Study - Review/Discuss Draft Pedestrian Crossing Concepts XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 12th day of October, 2022, at approximately 4:50 p.m.
___________________________________________ 10/12/2022
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
OCTOBER 3, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Worden called the meeting to order at 3:45 P.M.

ROLL CALL

Present: Mayor Dwight Worden and Councilmembers Dave Druker, Terry Gaasterland and Dan Quirk

Absent: Deputy Mayor Tracy Martinez

CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
North County Transit District (NCTD) – Verified Petition for Declaratory Order Surface Transportation Board Finance Docket No. 36433
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None
B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Liabilities related to NCTD right-of-way fencing Authority: Government Code Section 54956.9(b)
Reportable Action: None

ADJOURNMENT
Mayor Worden adjourned the meeting at 4:11 P.M.
_____
Sarah Krietor, Administrative Services Manager/
City Clerk
1 October 17, 2022 Item 01

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 3, 2022 – VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Worden called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

Present: Mayor Dwight Worden and Councilmembers Dave Druker, Terry Gaasterland, and Dan Quirk

Absent: Deputy Mayor Tracy Martinez

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals and no reportable actions for the October 3, 2022, City Council Closed Session meeting.

PLEDGE OF ALLEGIANCE
Mayor Worden led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Gaasterland reported that Svante Paabo, who she and many of her University of California San Diego colleagues work with frequently, won the Nobel Prize for retrieving and sequencing genetic material from Neanderthal bones.

Mayor Worden reported on the San Diego Foundation and Brookings Institute forum for climate leaders held by San Diego County Board of Supervisor Chair Nathan Fletcher; Amtrak services being discontinued due to safety issues in San Clemente and Coaster services not being affected at this time; annual Red Nose Run on December 3, 2022, to benefit the Semper Fi & America’s Fund and San Dieguito River Park; success of the Del Mar Foundation picnic held on September 25, 2022, and Del Mar Community Connections annual gala held on Saturday, October 2, 2022; and a future City Council agenda item related to e-bike safety being brought forward by Mayor Worden and Deputy Mayor Martinez.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported that work will begin on the annual sidewalk hazard mitigation program this week; upcoming installation of the American Flagpole at Seagrove Park; and November 2022 Election and City Council Candidate Forum to be held on October 10, 2022 via Zoom. 2 October 17, 2022 Item 01
City Council Regular Minutes
October 3, 2022

Page 2 of 4 ends

PRESENTATIONS
ITEM 1: OVERVIEW OF DEL MAR DOG LEASH REGULATIONS (CLERK’S FILE NO. 1101-1. 1102-1, 1404-1)
City Manager Jones introduced the item. A presentation was provided by Community Services Director/Lifeguard Chief Jon Edelbrock.

City Council questions focused on the City’s dog leash regulations in comparison to other beaches in North San Diego County; enforcement efforts in the area East of Camino del Mar Bridge; enforcement of dog leash rules at Sea Grove and Powerhouse Park; and how off leash dog citations are processed and the fee amount.

There were no public speakers for the item.

Council discussion focused on signage related to the leashing requirements at South Beach and main Del Mar Beach and appreciation to staff for enforcement of the dog regulations at the beach.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 4, AND ITEMS 6 THROUGH 11. (VOTE 4-0-1)
Ayes: Mayor Worden and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: Deputy Mayor Martinez; Abstain: 0.

ITEM 2: APPROVAL OF MINUTES: SEPTEMBER 19, 2022 REGULAR MEETING (CLERK’S

MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED OCTOBER 3, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 5: CONTINUATION OF REMOTE PUBLIC MEETINGS IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953 (ASSEMBLY BILL 361) (CLERK’S FILE NO. 401-7)
This item was pulled from the consent calendar for public comment and Mary D. spoke in support of resuming in-person meetings.
3 October 17, 2022 Item 01
City Council Regular Minutes
October 3, 2022

Page 3 of 4 ends

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY
COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2022-62, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER GOVERNMENT CODE SECTION 54953 RELATED TO ASSEMBLY BILL 361 IN ORDER TO CONTINUE THE USE OF TELECONFERENCE

OR A REMOTE MEETING PLATFORM TO FACILITATE REMOTE PUBLIC MEETINGS”, and to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 pandemic, on consent. (VOTE 4-0-1)
Ayes: Mayor Worden and Councilmembers Druker, Gaasterland and Quirk; Noes: 0;

Absent: Deputy Mayor Martinez; Abstain: 0.

ITEM 6: PARKS AND RECREATION COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Marco Bruderer-Schwab as a voting member to the Parks and Recreation Committee to serve a full three-year term starting October 3, 2022, and ending on October 31, 2025, on consent.

ITEM 7: FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR THE CAMINO DEL MAR BRIDGE PROJECT (CLERK’S FILE NO. 406-1, 803-3)
Council approved the Fifth Amendment to the Professional Services Agreement with Kleinfelder, Inc. (Kleinfelder) for preliminary engineering and project approval/environmental documentation for the Camino del Mar Bridge Project; and authorized the City Manager to execute the Fifth Amendment, on consent.

ITEM 8: CONSTRUCTION CONTRACT WITH WESTERN STATE BUILDERS, INC. FOR THE POWERHOUSE PARK TOT LOT RENOVATION PROJECT (CLERK’S FILE NO. 406- 1)
Council awarded a construction contract for the Powerhouse Park Tot Lot Renovation Project to Western State Builders, Inc.; and authorized the City Manager to execute the contract, on consent.

PUBLIC HEARING
ITEM 9: ADOPTION OF THE 2022 CALIFORNIA BUILDING CODE AND LOCAL AMENDMENTS (CLERK’S FILE NO. 401-4, 401-9, 801-4)
Mayor Worden opened and closed the public hearing. There were no public speakers. Council approved the introduction of the ordinance, on consent.

ITEM 10: ADOPTION OF THE 2022 FIRE CODE (CLERK’S FILE NO. 401-4, 401-9, 1101-8) Mayor Worden opened and closed the public hearing. There were no public speakers. Council approved the introduction of the ordinance, on consent.
4 October 17, 2022 Item 01
City Council Regular Minutes
October 3, 2022

Page 4 of 4 ends

CITY COUNCIL OTHER BUSINESS
ITEM 11: PURCHASE OF A FIRE ENGINE FOR THE DEL MAR FIRE DEPARTMENT (CLERK’S FILE NO. 601-5, 1101-8)
The item was moved to the consent calendar for approval. There were no public speakers.

City Council adopted a Resolution 2022-63, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF DEL MAR, CALIFORNIA, APPROVING THE SOLE SOURCE PURCHASE OF ONE PIERCE ARROW XT PIERCE’S ULTIMATE CONFIGURATION (PUC) PUMPER FROM SOUTH COAST FIRE EQUIPMENT, INC., FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $871,000”; authorized the City Manager to execute the necessary paperwork to facilitate the purchase; and amended the Fiscal Year 2022-23 Operating and Capital Budget, on consent.

ITEM 12: APPOINTMENT OF A DEL MAR COUNCIL ALTERNATE TO THE METROPOLITAN (METRO) WASTEWATER COMMISSION JOINT POWERS AUTHORITY (JPA) (CLERK’S FILE NO. 401-1, 1506-19)
A presentation was provided by City Manager Jones. Administrative Services Manager/City Clerk Krietor was available to answer questions
Council questions and discussion focused on the timing and process for the City to amend the METRO JPA agreements with City of San Diego; whether the City is able to join the San Elijo Joint Powers Authority Board as a voting member; the rational for appointing Del Mar representatives to the METRO Commission; and when the METRO Commission meets.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER

GAASTERLAND TO APPOINT TO THE METROPOLITAN (METRO) WASTEWATER COMMISSION

JOINT POWERS AUTHORITY (JPA), MAYOR WORDEN AS PRIMARY, COUNCILMEMBER QUIRK

AS ALTERNATE, COUNCILMEMBER DRUKER AS SECOND ALTERNATE, REMOVING

COUNCILMEMBER DRUKER AS SECOND ALTERNATE IF THE COMMISSION DOES NOT ALLOW

FOR SECOND ALTERNATE APPOINTMENTS, REMOVING PUBLIC WORKS DIRECTOR BRIDE AS

ALTERNATE REPRESENTATIVE, AND KEEPING HIM ON THE TECHNICAL ADVISORY COMMITTEE. (VOTE 4-0-1)
Ayes: Mayor Worden and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: Deputy Mayor Martinez; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the San Diego Association of Governments (SANDAG) Borders Committee; Arts Advisory Committee; and SANDAG Board of Directors.

ADJOURNMENT
Mayor Worden adjourned the meeting at 5:45 p.m.
______________________________________________
Sarah Krietor, Administrative Services Manager/City Clerk 5 October 17, 2022 Item 01
1 October 17, 2022 Item 02
2 October 17, 2022 Item 02
3 October 17, 2022 Item 02
4 October 17, 2022 Item 02
5 October 17, 2022 Item 02
6 October 17, 2022 Item 02
7 October 17, 2022 Item 02
8 October 17, 2022 Item 02
9 October 17, 2022 Item 02
10 October 17, 2022 Item 02
11 October 17, 2022 Item 02
12 October 17, 2022 Item 02
13 October 17, 2022 Item 02
14 October 17, 2022 Item 02
15 October 17, 2022 Item 02
16 October 17, 2022 Item 02
17 October 17, 2022 Item 02
18 October 17, 2022 Item 02
19 October 17, 2022 Item 02
20 October 17, 2022 Item 02
21 October 17, 2022 Item 02
22 October 17, 2022 Item 02
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Brindley, Planning and Community Development Director Amanda Lee, Principal Planner
Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Approval of Agreements for As-Needed Economic Impact and Fiscal Analysis Consulting Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve as-needed agreements with Keyser Marston Associates, Inc. (Attachment A) and David Taussig and Associates, Inc. (Attachment B) for as-needed economic impact and fiscal analysis consulting services for an initial three year period effective October 17, 2022, and ending October 17, 2025; and 2) Authorize the City Manager to execute the agreements.

DISCUSSION/ANALYSIS:

The City has historically contracted with outside consulting firms to provide as-needed economic impact and fiscal analysis consulting services related to affordable housing and housing element implementation and other City Council priority projects related to the City’s long-term planning and economic development efforts.

On August 15, 2022, the City issued a Request for Qualifications (RFQ 2022-04) soliciting proposals from qualified firms to provide on-call, as-needed economic impact and fiscal analysis consulting services for an initial three-year period with an option to extend the agreement for an additional two-year period. Five firms submitted proposals in response to the RFQ: RCLCO Real Estate Consultants; Keyser Marston Associates, Inc. (Keyser Marston); Kosmont Associates, Inc. (Kosmont); Lechowicz + Tseng Municipal Consultants; and David Taussig and Associates, Inc. (DTA).

The proposals were carefully evaluated by staff based on experience and qualifications.

Proposed costs and fees were also evaluated to ensure they were in line with current market rates for the services to be provided. Based on the review of the proposals submitted by the responsive firms, staff determined that Keyser Marston and DTA are the most qualified to meet the City’s current and future needs. Both firms have experience providing similar consulting services to other agencies. Staff recommends that the City Council approve the Agreements (Attachments A and B) for an initial period beginning October 17, 2022, and 1 October 17, 2022 Item 04
City Council Agenda Report
As-Needed Economic Impact and Fiscal Analysis Consulting Services October 17, 2022

Page 2 of 2 ends

ending on October 17, 2025, with the option to extend the agreements upon satisfactory service for an additional two-year period.

The purpose of having several firms under on-call, as-needed agreements is to allow the City to select which firms to work with based on their areas of expertise and availability as new projects arise. The nature of these agreements allows staff to reach out to one or more of these firms on a case-by-case basis depending on the nature of the work to be performed.

Entering into an as-needed agreement does not obligate the City to use any of these firms.

There will be no cost to the City unless work is performed, and the City will be charged in accordance with the fee schedule included with each agreement.

Keyser Marston is currently working on various task orders related to housing feasibility studies under the firm’s current as-needed service agreement and associated task orders.

Their current agreement and first amendment expire on October 17, 2022, and does not allow for any additional term extensions. Approving a new agreement with Keyser Marston will allow the firm to complete the work that is currently in progress under the existing task orders.

While the City has not worked with DTA in the past, their experience and expertise in data analysis will be useful asset to the City for priority long-range planning projects. They have also consulted with other agencies in the San Diego region for similar services.

PRIOR CITY COUNCIL REVIEW:

The City Council last approved as-needed economic impact and fiscal analysis consulting agreements on October 2, 2017.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. Sufficient funds for economic impact and fiscal analysis consultant services are available in the adopted FY 2022-23 Operating and Capital Budget for various Tier 1 and Tier 2 planning projects.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

While approving the agreements is an operational item, the as-needed economic impact and fiscal analysis services to be performed by the vendors relate to a number of City Council Tier 1 and Tier 2 priorities.

ATTACHMENTS:

Attachment A – Agreement with Keyser Marston Associates, Inc.

Attachment B – Agreement with David Taussig and Associates, Inc 2 October 17, 2022 Item 04

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND KEYSER MARSTON ASSOCIATES INC.

FOR AS-NEEDED ECONOMIC IMPACT AND FISCAL ANALYSIS SERVICES This Professional Services Agreement (“Agreement”) is made and entered into this 17th day of October, 2022 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Keyser Marston Associates, Inc. (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide as-needed economic impact and fiscal analysis services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.

1.2. Project Coordinator. The Planning & Community Development Director is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Paul Marra is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
3 October 17, 2022 Item 04
Keyser Marston Associates Inc.

For As-needed Economic Impact and Fiscal Analysis Services

Page 2 of 12 ends

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years beginning on October 17, 2022, and ending on October 17, 2025. The agreement may be extended for an additional two (2) year period, upon written approval of both parties.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.

2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice. Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule in Exhibit “B”. Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4 October 17, 2022 Item 04
Keyser Marston Associates Inc.

For As-needed Economic Impact and Fiscal Analysis Services

Page 3 of 12 ends

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City.

Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

7. AUDIT OF RECORDS.

7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior 5 October 17, 2022 Item 04
Keyser Marston Associates Inc.

For As-needed Economic Impact and Fiscal Analysis Services

Page 4 of 12 ends

agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.

9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement, with the exception of Consultant’s proprietary computer models, shall be considered the property of City.

Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.

11. INSURANCE

11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.

For As-needed Economic Impact and Fiscal Analysis Services

Page 5 of 12 ends

is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss.

11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City. 7 October 17, 2022 Item 04
Keyser Marston Associates Inc.

For As-needed Economic Impact and Fiscal Analysis Services

Page 6 of 12 ends

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.

12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.

For As-needed Economic Impact and Fiscal Analysis Services

Page 7 of 12 ends

full force and effect during any and all work on this Project and for the duration of this Agreement. The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.

15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.

If to City: If to Consultant
City of Del Mar Keyser Marston Associates
City Clerk Attn: Paul Marra
1050 Camino del Mar 555 West Beech Street, Suite 460
Del Mar, CA 92014 San Diego, CA 92101
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment. 9 October 17, 2022 Item 04
Keyser Marston Associates Inc.

For As-needed Economic Impact and Fiscal Analysis Services

Page 8 of 12 ends

18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.

21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.

23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
10 October 17, 2022 Item 04
Keyser Marston Associates Inc.

For As-needed Economic Impact and Fiscal Analysis Services

Page 9 of 12 ends

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortuous conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
11 October 17, 2022 Item 04
Keyser Marston Associates Inc.

For As-needed Economic Impact and Fiscal Analysis Services

Page 10 of 12 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first written above.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
KEYSER MARSTON ASSOCIATES INC.

By: __________________________
Paul Marra, Managing Principal

ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
12 October 17, 2022 Item 04
Keyser Marston Associates Inc.

For As-needed Economic Impact and Fiscal Analysis Services

Page 11 of 12 ends

EXHIBIT “A”

SCOPE OF SERVICES
The Consultant shall, as directed from time to time during the Contract Term, provide ongoing, on-call consulting services for various development projects, initiatives and studies including economic, project feasibility, real estate, and other analyses (collectively, the “Services”), as specified in and in accordance with any task order awarded to the Consultant in connection with some or all of the services mentioned in this section, or services similar in nature. Below are the topic areas covering the services the City seeks to retain.

Economic and Fiscal Impact Analysis
Scope may include the use of industry approved-models such as REMI, IMPLAN or RIMS II, or a model approved by the City, to quantify the direct and indirect economic impacts of a project including, but not limited to, number jobs created, earnings, wages and salaries, consumer spending, impacts on local stakeholders and municipal taxes, such as transient occupancy tax and property taxes. The consultant may also be asked to create a base fiscal impact model for multiple revenue inputs and application to varying land uses/building types including, but not limited to office, hotels, condos, industrial, manufacturing, multifamily, mixed use/retail, destination recreation/retail, parking facilities, and other as determined by the City.

Market Analysis & Project Feasibility
Scope may include the use of available data to evaluate current and potential demand for a specific project, or ancillary services a specific project may provide, and determining project viability based on the potential demand. This analysis may also include a review of competitive facilities in the immediate region, forecasting of occupancy levels, financing needs and expected revenue returns as well as the additional affordable housing opportunities needed as a direct result of a new project.

Real Estate Analysis
Scope may include verification of investment returns using industry approved financial metrics, recommendations of financial structures which optimize any potential public investment, and evaluation of public sector risk, and the identification of potential development sites most suitable for a specific project and/or development.

Nexus Studies
Scope may require work with City Departments to collect necessary data and develop additional data to fully support a comprehensive report and recommendation using industry backed methodology for conducting a nexus study. Additionally, the Consultant may be required to identify actors to be considered in evaluating the relationship between a proposed fee and the identified impact and its cost, provide background on similar fees from other jurisdictions and any legal challenges brought against nexus studies, and ultimately provide a final recommendation of a fee based on a legally defensible nexus.

Additional Services
The City reserves the right to request additional economic and fiscal services from the selected On-call Consultant(s) which are similar in nature to the services listed above. 13 October 17, 2022 Item 04
City of Del Mar – RFQ 2022-04 | 19
Economic Impact and Fiscal Consulting Services
September 2022
22080kal
99900.000.003
5 – Compensation
5-A – Hourly Billing Rates
KMA proposes to undertake the as-needed services discussed in Section 1 of this proposal on a timeand-materials basis, subject to the hourly billing rate schedule below. For multi-year contracts, KMA projects an annual escalation rate of 3.0% at each contract renewal date.

KEYSER MARSTON ASSOCIATES, INC.

PUBLIC SECTOR HOURLY RATES
______________________________________________
2022/2023
CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $290.00
SENIOR PRINCIPALS* $280.00
PRINCIPALS* $260.00
MANAGERS* $235.00
SENIOR ASSOCIATES $195.00
ASSOCIATES $175.00
SENIOR ANALYSTS $160.00
ANALYSTS $140.00
TECHNICAL STAFF $100.00
ADMINISTRATIVE STAFF $85.00
Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing.

Directly related job expenses will be billed at 110% of cost.

Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 14 October 17, 2022 Item 04
City of Del Mar – RFQ 2022-04 | 20
Economic Impact and Fiscal Consulting Services
September 2022
22080kal
99900.000.003
5-B – Estimated Project Budgets
As part of our cost proposal, the City has also requested budget estimates for the scope areas listed below. The RFQ does not identify the timeframe, specific project or assignment examples, level of detail required, number of deliverables, or extent of public/stakeholder involvement. Therefore, it is challenging to provide meaningful projections of potential budgets for future assignments. The figures presented below are provided as order-of-magnitude ranges only, based on KMA prior experience in other jurisdictions. Actual budgets will be determined on a case-by-case basis, as specific assignments are identified and KMA has a full understanding of the City’s needs, the scope of the proposed project(s) or policy initiative(s), the number of alternatives/scenarios, and the range of services required.

Task Description Approximate Budget
Range
Economic and Fiscal
Impact Analysis
KMA will prepare assessments of fiscal and
economic benefits for proposed
developments, including residential,
commercial, and visitor-serving uses.
$25,000 to $45,000
per project
Market Analysis and
Project Feasibility
KMA will assist the City in reviewing the
financial feasibility of proposed
developments. Tasks may include
comparison of competing proposals, estimate
of land value, and/or estimate of warranted
investment.
$20,000 to $35,000
per project/site/land
use type
Real Estate Analysis
KMA will assist the City with market demand
analyses, identification of appropriate
development programs, and projection of
absorption potential and achievable rents
and prices.
$25,000 to $40,000
per project/site/land
use type
Nexus Studies
KMA will prepare nexus analyses used to
quantify the impacts of market-rate
development on the need for affordable
housing.
$45,000 to $65,000
per project/assignment
Additional Services
Additional services may include assignments
such as:
 Transaction structuring/negotiations
 Affordable housing transaction
structuring
 Developer selection
 Specific Plan feasibility
 Policy planning
 Participation in public meetings
Varies widely
To be determined on a
project/assignment
basis
15 October 17, 2022 Item 04

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND DAVID TAUSSIG AND ASSOCIATES, INC. dba DTA

FOR AS-NEEDED ECONOMIC IMPACT AND FISCAL ANALYSIS CONSULTING SERVICES This Professional Services Agreement (“Agreement”) is made and entered into this 17th day of October, 2022 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and David Taussig and Associates, Inc. dba DTA (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide as-needed economic impact and fiscal analysis consulting services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.2. Project Coordinator. The Planning and Community Development Director and Principal Planner are hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Kuda Wekwete is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
16 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 2 of 11 ends

2. DURATION OF AGREEMENT.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B.” Consultant shall bill the City for work provided and shall present a written request for such payment monthly in accordance with the Fee Schedule contained in Exhibit “B”. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance.

Consultant acknowledges that it is not guaranteed any particular amount of work. 17 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 3 of 11 ends

7. AUDIT OF RECORDS.

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent 18 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 4 of 11 ends

of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.

9. CONFLICTS OF INTEREST.

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions. Notwithstanding the above, computer software (including without limitation, financial models, compilations for formulas and spreadsheet models), prepared by the Consultant are Instrument of Service of Consultant and shall remain the property of Consultant.

Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.

11. INSURANCE

Page 5 of 11 ends

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
20 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 6 of 11 ends

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City. 21 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 7 of 11 ends

The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

If to City: If to Consultant:

City of Del Mar DTA
City Clerk David Taussig, President
1050 Camino del Mar 100 Bayview Circle, Suite 100
Del Mar, CA 92014 Newport Beach, CA 92660
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and 22 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 8 of 11 ends

hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition. 23 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 9 of 11 ends

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
24 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 10 of 11 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first written above.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
DAVID TAUSSIG AND ASSOCIATES, INC.
a California Corporation
By: _______________________
David Taussig, President

ATTEST:
________________________________
Sarah Krietor, City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
25 October 17, 2022 Item 04
Consulting Services Agreement
For As-needed Economic Impact and Fiscal Analysis Consulting Services

Page 11 of 11 ends

EXHIBIT “A”

SCOPE OF SERVICES
The Consultant shall, as directed from time to time during the Contract Term, provide on-going, on-call consulting services for various development projects, initiatives and studies including economic, project feasibility, real estate, and other analyses (collectively, the “Services”), as specified in and in accordance with any task order awarded to the Consultant in connection with some or all of the services mentioned in this section, or services similar in nature. Below are the topic areas covering the services the City seeks to retain.

27 October 17, 2022 Item 04

28 October 17, 2022 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Kseniia Izgarskaia, Associate Management Analyst
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Approval of Agreements for As-Needed Geotechnical Services REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve consulting services agreements with Atlas Technical Consultants LLC (Attachment A) and Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (Attachment B) to provide as-needed geotechnical services for an initial three-year period effective November 19, 2022, and ending November 19, 2025; and 2) Authorize the City Manager to execute the agreements.

DISCUSSION/ANALYSIS:

The City utilizes various as-needed consultant firms to deliver technical and capital improvement program services, including professional geotechnical services. The City’s current agreement with Atlas Technical Consultants LLC, formerly known as Southern California Soils Testing (SCST) for as-needed geotechnical services is set to expire on November 18, 2022. Although the agreement could be extended for an additional two-year period, the City made a decision to conduct a solicitation process for these services in order to ensure that the City continues to receive high quality services at competitive rates.

On August 31, 2022, the City issued a Request for Qualifications (RFQ 2022-06) soliciting proposals from qualified firms to provide as-needed geotechnical consulting services. Nine firms submitted proposals in response to the RFQ, including: Atlas Technical Consultants LLC (Atlas); Construction Testing Engineering, Inc. (CTE); Fenagh Engineering and Testing; Koury Engineering & Testing, Inc.; MTGL; Ninyo & Moore; Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (NOVA); RMA Group; and Twining Consulting, Inc.

The proposals were carefully evaluated by City staff based on experience and qualifications.

Proposed costs and fees were also evaluated to ensure they were in line with current market rates for the services to be provided. Based on the review of the proposals submitted by the responsive firms, staff determined that Atlas and NOVA are the most qualified firms to meet the City’s current and future needs. Staff recommends that the City Council approve the Agreements (Attachments A and B) with these firms for an initial three-year period beginning 1 October 17, 2022 Item 05
City Council Agenda Report
Agreements for As-Needed Geotechnical Services
October 17, 2022

Page 2 of 2 ends

November 19, 2022, and ending November 19, 2025, with the option to extend the agreements upon satisfactory service for an additional two-year period.

Staff will choose which firm to work with on a case-by-case basis depending on the task or project to be completed and the firm’s areas of expertise. Entering into an as-needed agreement does not obligate the City to utilize a firm’s services. There will be no cost to the City unless work is performed, and the City will be charged in accordance with the fee schedule included with each agreement.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Sufficient funds for geotechnical services are available in the adopted Fiscal Year 2022-2023 Operating and Capital Budget. Funds for these services will also be included in future fiscal year operating and capital budgets for Council consideration.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not included in the City Council’s list of Goals & Priorities.

ATTACHMENTS:

Attachment A – Agreement with Atlas Technical Consultants LLC Attachment B – Agreement with NOVA Services, Inc.
2 October 17, 2022 Item 05

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND ATLAS TECHNICAL CONSULTANTS LLC

FOR AS-NEEDED GEOTECHNICAL SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 19th day of November, 2022 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Atlas Technical Consultants LLC (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide as-needed geotechnical consulting services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.2. Project Coordinator. The Public Works Director or a Designee is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant.

Senior Engineer is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of (3) years beginning on November 19, 2022 and ending on November 19, 2025. The agreement may be extended for an additional two (2) year period, upon written approval of both parties.
3 October 17, 2022 Item 05
Atlas Technical Consultants LLC – Professional Services Agreement For As-Needed Geotechnical Services

Page 2 of 15 ends

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” and incorporated herein. Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “B.” City and Consultant shall agree to the costs prior to commencement of such work.

Page 3 of 15 ends

of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

7. AUDIT OF RECORDS.

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the 5 October 17, 2022 Item 05
Atlas Technical Consultants LLC – Professional Services Agreement For As-Needed Geotechnical Services

Page 4 of 15 ends

Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

11. INSURANCE

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

Page 5 of 15 ends

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

Page 6 of 15 ends

12. DEFENSE AND INDEMNIFICATION.

12.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of City, Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by City) and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of Consultant in the performance of the professional services under this Agreement and those of Consultant's subconsultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Notwithstanding the foregoing, Consultant’s defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.

12.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

12.3 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.

12.4 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.

Page 7 of 15 ends

If to City: If to Consultant
City of Del Mar Atlas Technical Consultants LLC
City Clerk Ron Baudour, Operations Manager
1050 Camino del Mar 6280 Riverdale Street
Del Mar, CA 92014 San Diego, CA 92120
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

Page 8 of 15 ends

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal. 10 October 17, 2022 Item 05
Atlas Technical Consultants LLC – Professional Services Agreement For As-Needed Geotechnical Services

Page 9 of 15 ends

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

Page 10 of 15 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager

ATLAS TECHNICAL CONSULTANTS LLC,
a California corporation
By: _______________________________
Ron Baudour, Operations Manager
ATTEST:
_____________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
12 October 17, 2022 Item 05
Atlas Technical Consultants LLC – Professional Services Agreement For As-Needed Geotechnical Services

Page 11 of 15 ends

EXHIBIT “A”

SCOPE OF SERVICES
The Scope of Services is comprised of but not limited to:
o Provide construction testing of materials.
o Provide soil, roadway, and foundation support testing including properties of base material and compaction testing.
o Ensure contractor complies with requested construction material quality controls for installation of certain materials used in roadway construction such as asphalt or concrete material submittals in compliance with project specifications. o Process and review project submittals.
o Additional geotechnical related services as requested. 13 October 17, 2022 Item 05
Atlas Technical Consultants LLC – Professional Services Agreement For As-Needed Geotechnical Services

Page 12 of 15 ends

EXHIBIT “B”

FEE SCHEDULE
I. PROFESSIONAL SERVICES
Professional (Engineering, Geology, Environment, Envelope Services) Senior Professional ......................................................................................................................................................... $175 Project Professional ........................................................................................................................................................... 155 Staff Professional ............................................................................................................................................................... 145 Drafter Level II ..................................................................................................................................................................... 95 Drafter Level I ...................................................................................................................................................................... 90 Project Management
Senior Project Manager .................................................................................................................................................. $ 165 Project Manager ................................................................................................................................................................ 155 Administrative Assistant ...................................................................................................................................................... 80 Field Services (Geotechnical, Special Inspection)
Field Supervisor .............................................................................................................................................................. $ 124 LA Certified Grading Inspector .......................................................................................................................................... 130 Off Site Inspector ................................................................................................................................................................. 96 Laboratory Technician ......................................................................................................................................................... 78 Group 1 (Field Soils, Material Tester) ................................................................................................................................ 114 Group 2 (Special Inspection) ............................................................................................................................................. 119 Group 3 (NDT Testing) ...................................................................................................................................................... 123 Coring ................................................................................................................................................................................ 175 Field Services (SUE Level B Utility Evaluations and Rebar Locating) Line Tracer, Ground Penetrating Radar, Electromagnetics, Magnetics Full Day ...................................................................................................................................................... $ 2,755 Hourly Rate (A Mob/Demob charge of $250 applies to projects billed on hourly rates) ....................................265 Letter Report ..................................................................................................................................................... 300 Map (per day of field work) ................................................................................................................................350 Field Services (Geophysical Data Acquisition)
UST, Landfill, Oil Well, Void, Pile Integrity Testing
Full Day ....................................................................................................................................................... $ 2,775 Hourly Rate (A Mob/Demob charge of $335 applies to projects billed on hourly rates) .....................................305 Field Services (Advanced Geophysical Studies)
Seismic, Sting ERT, Resistivity, Groundwater, UXO/MEC
Full Day ......................................................................................................................................................... $3,150 Hourly Rate (A Mob/Demob charge of $550 applies to projects billed on hourly rates) ......................................325 Field Services (Seismic ReMi)
One Line ........................................................................................................................................................ $1,500 Each Additional Line ........................................................................................................................................... 300 For Pavement/Requires Drilling .......................................................................................................................... 300 Field Services (Vibration Monitoring)
Mobilization .................................................................................................................................................... $1,000 Equipment (Daily) ............................................................................................................................................... 200 Daily Analysis & Reporting (Daily) ........................................................................................................................ 75 Final Report Preparation ..................................................................................................................................... 750 Manned Vibration Monitoring ............................................................................................................................Quote Field Services (Building Envelope)
Field Tech Level II .............................................................................................................................................................. $125 Field Tech Level I ................................................................................................................................................................. 120 Electronic Leak Detection (Hourly Rate, 4 hour minimum)................................................................................................... 250 Fenestration Testing (ASTM E1105/E783) – Hourly Rate (2 technicians) ........................................................................... 400 Fenestration Testing (AAMA 501.2) – Hourly Rate (2 technicians) ...................................................................................... 225 Drainage Efficiency of Exterior Insulation and Finish Systems (EIFS) Clad Wall Assemblies (ASTM E2273) .................. 1,500 Travel and Miscellaneous
Pick Up ......................................................................................................................................................................... $ 58/hour Travel Time ................................................ Hourly Rate (or $125/hour beyond 1 hour from San Diego for Geophysical Crews) Overtime and Saturday Rate .............................................................................................................. 1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) ..................... 2 x Regular Hourly Rate Rush Surcharge ........................................................................................................................................ Normal Rate plus 50% Per Diem (variable, depending on location) ........................................................................................................................ Quote Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code §720, et. Seq .................. Quote Specialty Equipment Surcharge .......................................................................................................................................... Quote 14 October 17, 2022 Item 05
Atlas Technical Consultants LLC – Professional Services Agreement For As-Needed Geotechnical Services

Page 13 of 15 ends

II. LABORATORY TESTS
Soil and Aggregate
California Bearing Ratio (ASTM D854) ......................................................................................................................... $ 439 California Impact (Cal 216) .............................................................................................................................................. 216 Clay Lumps in Aggregate (ASTM C142) .......................................................................................................................... 158 Cleanness Value (Cal 227) .............................................................................................................................................. 210 Consolidation (ASTM D2435) .......................................................................................................................................... 210 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) ........................................................................ 197 Crushed Particles (Cal 205, ASTM D693) ....................................................................................................................... 158 Direct Shear (ASTM D3080) ............................................................................................................................................ 273 Durability Factor (Cal 229, ASTM D3744) ........................................................................................................................ 102 Durability Index (Cal 229, ASTM D3744) ......................................................................................................................... 235 Expansion Index (ASTM D4289) ...................................................................................................................................... 186 Fine Aggregate Angularity (AASHTO T304) .................................................................................................................... 210 Fineness Modulus (ASTM C136) ....................................................................................................................................... 25 Flat & Elongated Pieces (ASTM D4791) .......................................................................................................................... 184 Light Weight Pieces (ASTM C123) .................................................................................................................................. 184 Liquid Limit (Cal 204, ASTM D4318) .................................................................................................................................. 79 Los Angeles Abrasion – 1 ½ inch and smaller (Cal 211, ASTM C131) ............................................................................ 235 Maximum Density Check Point (ASTM D698/D1557) ........................................................................................................ 92 Maximum Density/Optimum Moisture – 4 inch (ASTM D698, D1557) ............................................................................. 210 Maximum Density/Optimum Moisture – 6 inch (ASTM D698, D1557) ............................................................................. 231 Minimum Density (ASTM D1556) ....................................................................................................................................... 78 Moisture Content (Cal 226, ASTM C566, ASTM D2216) ................................................................................................... 37 Natural Density Chunk Sample (ASTM D2937) ................................................................................................................. 47 Natural Moisture/Density Ring or Core Sample (ASTM D2937) ......................................................................................... 42 One-Dimensional Swell or Collapse of Soils – per point (ASTM D4546) ......................................................................... 200 Organic Impurities (Cal 213, ASTM C40) ........................................................................................................................... 95 Organic Matter (ASTM D2974) .......................................................................................................................................... 79 Percent Finer than #200 (ASTM C117, ASTM D1140) ...................................................................................................... 74 Permeability Remold Sample (ASTM D2434) .................................................................................................................. 210 Permeability Remold Sample (ASTM D5084) .............................................................................................................. Quote Permeability Undisturbed Sample (ASTM D5084) ....................................................................................................... Quote Petrographic Analysis (Cal 215, ASTM C295) ............................................................................................................. Quote pH & Resistivity (Cal 643, ASTM G51) ............................................................................................................................ 132 Plasticity Index (Cal 204, ASTM 4318) ............................................................................................................................ 134 Potential Reactivity (ASTM C289) .................................................................................................................................... 231 Residual Shear (ASTM D6467) ........................................................................................................................................ 465 Rock Correction (ASTM D4718) ........................................................................................................................................ 28 R-Value (Cal 301, ASTM D2844) ..................................................................................................................................... 290 Sand Castle Test (USACE) .............................................................................................................................................. 205 Sand Equivalent (Cal 217, ASTM D2419) .......................................................................................................................... 93 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202) ..................................................................................................... 116 Sieve Analysis with Hydrometer (Cal 203, ASTM D422) ................................................................................................. 210 Soil Cement Compression Strength (Cal 312, ASTM D1633) ............................................................................................ 53 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632) ............................................................................................. 105 Soil Cement Mixtures, Wetting and Drying (ASTM D559) ............................................................................................. 1,200 Soluble Chlorides (Cal 422) ............................................................................................................................................... 65 Soluble Sulfate (Cal 417) ................................................................................................................................................... 65 Soundness 5 Cycles (Cal 214, ASTM C88) ..................................................................................................................... 394 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127) ............................................................................................. 121 Specific Gravity Fine Aggregate (Cal 207, ASTM C128) ................................................................................................. 121 Thermal Resistivity of Soils (remolded sample) (IEEE 422) ......................................................................................... 1,100 Triaxial Shear Consolidated – Undrained (ASTM D4767) ............................................................................................ Quote Triaxial Shear Unconsolidated – Undrained (ASTM D2850) ........................................................................................ Quote Triaxial Staged Consolidated – Undrained (ASTM D4767) .......................................................................................... Quote Triaxial Staged Unconsolidated – Undrained (ASTM D2850) ...................................................................................... Quote Unconfined Compression (ASTM D2166) ........................................................................................................................ 170 Unit Weight Aggregate (Cal 212, ASTM C29) .................................................................................................................... 84 Asphalt Concrete
Asphalt Core Specific Gravity (Cal 308, ASTM D2726) ................................................................................................... $ 72 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188) ......................................................................................... 88 Emulsion Content (CTM 382) ........................................................................................................................................... 187 Film Stripping (Cal 302) ............................................................................................................................................... Quote Gyratory Compacted Maximum Specific Gravity (AASHTO T312) .................................................................................. 368 Hamburg Wheel Plant Produced HMA (AASHTO T324/Caltrans Section 39) ................................................................. 945 Hveem Maximum Bulk Specific Gravity (Cal 308) ............................................................................................................ 315 Hveem & Stabilometer Value (Cal 366) ........................................................................................................................... 420 Ignition Oven Correction Factor (AASHTO T308) ............................................................................................................ 263 Ignition Oven Degradation Factor (AASHTO T308) ......................................................................................................... 263 15 October 17, 2022 Item 05
Atlas Technical Consultants LLC – Professional Services Agreement For As-Needed Geotechnical Services

Page 14 of 15 ends

Marshall Density Stability & Flow (ASTM D6927) ............................................................................................................ 420 Marshall Density (ASTM D6926) ...................................................................................................................................... 315 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370) .................................................................................... 53 Moisture Vapor Susceptibility (Cal 307) ....................................................................................................................... Quote Optimum Bitumen Content (AASHTO R35/Cal 367) .................................................................................................... 3,255 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) ........................................................................................ 189 Residue by Evaporation (Cal 331) ................................................................................................................................... 187 Rice Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041) ........................................................................ 140 Sieve Analysis Extracted Aggregate (Cal 382, ASTM D5444) ........................................................................................... 95 Stability and Flow (ASTM D1559) .................................................................................................................................... 368 Stabilometer Value (Cal 366) ........................................................................................................................................... 368 RAP Testing Fractionated (ASTM D2172, AASHTO T308, Caltrans Section 39) ........................................................ Quote RAP Testing Not Fractionated (ASTM D2172, AASHTO T308, Caltrans Section 39) ................................................ Quote Tensile Strength Ratio Plant Produced HMA (AASHTO T283) ........................................................................................ 945 Wet Track Abrasion (ASTM D3910) ................................................................................................................................. 195 Concrete
2X2 Cube Compression .................................................................................................................................................. $ 29 Chloride Ion Testing (ASTM C1218) ................................................................................................................................ 231 Concrete Core Compression (ASTM C42) ......................................................................................................................... 62 Concrete Cylinder Compression (Cal 521, ASTM C39) ..................................................................................................... 29 Flex Beam Modulus of Rupture (Cal 523, ASTM C78) ...................................................................................................... 78 Modulus of Elasticity (Cal 522, ASTM C469) ................................................................................................................... 274 Shotcrete Mockup Panel (ASTM C1140) ..................................................................................................................... 1,092 Shotcrete Panel, 3 Cores Compression (CBC) ................................................................................................................ 305 Shrinkage Hardened Concrete (ASTM C157 Modified) ................................................................................................... 390 Split Tensile Concrete Cylinder (ASTM C496) ................................................................................................................... 78 Time of Set (ASTM C403) ................................................................................................................................................ 210 Trial Batch Fabrication (ASTM C192) .............................................................................................................................. 313 Unit Weight Hardened Concrete (ASTM C642) ................................................................................................................. 58 Unit Weight Lightweight Concrete (ASTM C567) ............................................................................................................... 73 Masonry
Absorption Block (ASTM C140) .................................................................................................................................... $ 121 Compression Adobe ........................................................................................................................................................ 163 Compression Block Standard (ASTM C140) .................................................................................................................... 158 Compression Brick (ASTM C67) ...................................................................................................................................... 121 Efflorescence Block ......................................................................................................................................................... 184 Efflorescence Brick (ASTM C67) ..................................................................................................................................... 184 Grout Prism Compression (ASTM C1019) ......................................................................................................................... 29 Masonry Core Compression (ASTM C42).......................................................................................................................... 54 Masonry Core Shear (CBC 2105A.4) ...............................................................................................................................100 Masonry Prism Compression (ASTM E447) .................................................................................................................... 158 Mortar Bond Strength Pull Test (ASTM C482) ................................................................................................................... 65 Mortar Cylinder Compression ............................................................................................................................................ 29 Mortar Shear Strength (ANSI 118) ................................................................................................................................... 105 Relative Mortar Strength (Cal 515) ................................................................................................................................. 893 Shrinkage Masonry Block (ASTM C426) ......................................................................................................................... 263 Trial Grout Prisms (ASTM C942) ....................................................................................................................................... 40 Water Retention and Air Content (ASTM C270) .............................................................................................................. 578 Metal
Bolt Assembly Hardness Test ......................................................................................................................................... $ 78 Bolt Assembly Tensile & Proof Load Test ........................................................................................................................ 132 Modulus of Elasticity (Steel) ............................................................................................................................................. 154 Post-Tension Tendon Tensile Testing ............................................................................................................................. 194 Tensile Strength & Bend Test Structural Steel (ASTM A370) .......................................................................................... 200 Tensile Strength & Bend Test Reinforcing Steel (ASTM A615/A706) .............................................................................. 132 Tensile Strength #14 to #18 Bar (ASTM A615) ........................................................................................................... Quote Tensile Strength Mechanical Splices #9 and Smaller (Cal 670) ................................................................................... Quote Tensile Strength Mechanical Splices #10 to #14 (Cal 670) .......................................................................................... Quote Tensile Strength Mechanical Splices #18 (Cal 670) ................................................................................................... Quote Miscellaneous
Fire Proofing Density Test (ASTM E605) ........................................................................................................................ $ 75 Fiber Reinforced Polymer Tensile (ASTM D3039) ........................................................................................................... 546 Material Preparation .......................................................................................................................................................... 74 Relative Humidity Test (ASTM F2170) ........................................................................................................................ 84/kit Concrete Vapor Emission Kits (ASTM F1869) ............................................................................................................ 76/kit Miscellaneous Charges ............................................................................................................................................. Various Default Expense ........................................................................................................................................................ Various 16 October 17, 2022 Item 05
Atlas Technical Consultants LLC – Professional Services Agreement For As-Needed Geotechnical Services

Page 15 of 15 ends

III. TERMS & CONDITIONS
 Prevailing wage rates will increase consistent with general prevailing wage determinations made by the California Department of Industrial Relations.  All field services will be charged portal to portal with the following minimum charges:

1. The City will be invoiced only for the hours actually worked in 4 and 8 hour increments.

2. A 2-hour show-up charge will be applied to any service canceled the same day of service.

3. Work in excess of 8 hours up to 12 hours in a single day will be charged in 1-hour increments at 1.5 times the standard rate.

4. Work in excess of 12 hours in a single day will be charged in 1-hour increments at 2 times the standard rate.
 Work performed by field or laboratory personnel outside of normal business hours (6:30 a.m. to 5:00 p.m.) will be charged a premium on a case-by-case basis. Work performed for Geophysical Studies outside of a standard work week will be charged an additional 50%.
 Fees for specialty geophysical services such as seismic reflection, crosshole, gravity, pile integrity testing, vibration monitoring, magnetotellurics, UXO, MEC, etc. will based on a per project basis. Utility focused projects requiring specialized training such as MSHA (mines) or RSO (refineries) will be billed at a General Geophysical rate.  Other Direct Charges: Consultant reserves the right to charge for services outside of the contract in the form of reimbursables, including but not limited to, the following: diamond coring bits, fuel, patching materials, mileage, travel time, equipment rental and administrative time.
 Mileage will be charged at the standard federal rate per mile for distances over 50 miles from the location of dispatch.
 Per Diem charges will be applied to projects outside a 50-mile radius of Consultant’s office.
 Subcontracted services will be charged at cost plus 20 percent.  Invoices will be submitted by Consultant monthly. Invoices are due in full upon presentation to the City. Invoices outstanding over 30 days will be considered past due.

A finance charge computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, will be charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attorney’s fees and other costs of collection.
 Consultant’s services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended.
17 October 17, 2022 Item 05

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND NOVA SERVICES, INC.

FOR AS-NEEDED GEOTECHNICAL SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 19th day of November, 2022 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (“Consultant”) (collectively “Parties”).

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

Project Coordinator is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of (3) years beginning on November 19, 2022 and ending on November 19, 2025. The 18 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 2 of 14 ends

agreement may be extended for an additional two (2) year period, upon written approval of both parties.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. COMPENSATION.

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “B.” City and Consultant shall agree to the costs prior to commencement of such work.
19 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 3 of 14 ends

7. AUDIT OF RECORDS.

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement 20 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 4 of 14 ends

practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

11. INSURANCE

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of 21 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 5 of 14 ends

$1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to 22 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 6 of 14 ends

require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City. 23 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 7 of 14 ends

13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

If to City: If to Consultant:

City of Del Mar NOVA Services, Inc.

City Clerk Danny J. Barnett, President
1050 Camino del Mar 4373 Viewridge Avenue, Suite B
Del Mar, CA 92014 San Diego, CA 92123
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, 24 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 8 of 14 ends

indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
25 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 9 of 14 ends

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
26 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 10 of 14 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager

BARNETT QUALITY CONTROL SERVICES,
INC. dba NOVA SERVICES, INC.
a California corporation
By: ____________________________
Danny J. Barnett, President
ATTEST:
_____________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
27 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 11 of 14 ends

EXHIBIT “A”

SCOPE OF SERVICES
The Scope of Services is comprised of but not limited to:
o Provide construction testing of materials.
o Provide soil, roadway, and foundation support testing including properties of base material and compaction testing.
o Ensure contractor complies with requested construction material quality controls for installation of certain materials used in roadway construction such as asphalt or concrete material submittals in compliance with project specifications. o Process and review project submittals.
o Additional geotechnical related services as requested. 28 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 12 of 14 ends

EXHIBIT “B”

FEE SCHEDULE
I. PROFESSIONAL SERVICES
29 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 13 of 14 ends

II. LABORATORY TESTING
30 October 17, 2022 Item 05
NOVA Services, Inc. - Professional Services Agreement
For As-Needed Geotechnical Services

Page 14 of 14 ends

III. TERMS & CONDITIONS
 Overtime occurs in the following instances:
- work more than 8 hours per day is charged at time-and-a-half. - work more than 40 hours per week is charged at time-and-a-half. - work performed outside the hours between 6:30 a.m. and 4:00 p.m., Monday through Friday is charged at time-and-a-half; work up to 12 hours per day on Saturday is charged at time-and-ahalf. - work more than 12 hours in one day, or over 8 hours on the 7th consecutive day or worked Sundays/holidays is charged at double time.
 Hourly rates are charged on a portal-to-portal basis.  Mileage will be charged at $0.85 per mile for services performed outside a 50-mile radius of Consultant’s office.
 A 4-hour minimum is charged for field services. Work performed more than 4 hours will be rounded up to the next nearest hour. Work performed over 8 hours is charged in half-hour increments.  24-hour notice is required for testing and inspection services. There will be a 4-hour minimum charge (show-up time) for cancellations without notification.
 Same Day Callouts will be subject to a 1-hour project management fee.  When personnel are required by job conditions to work more than 5 consecutive hours without the ability to take a one-half hour uninterrupted lunch period, an additional hour will be billed at regular time in addition to actual hours worked. Laboratory testing that is required to be performed outside regular hours will be billed for Lab Technician time in addition to the lab test rate. Weekend sample pickups, if required, will incur additional charges.
31 October 17, 2022 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Kseniia Izgarskaia, Associate Management Analyst
Tom Romaine, Public Works Operations Manager
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Agreement with United Site Services of California, Inc. for Portable Restroom Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Award an agreement with United Site Services of California, Inc. (United Site Services) (Attachment A) for portable restroom services for an initial three-year period effective November 1, 2022 and ending November 1, 2025; and 2) Authorize the City Manager to execute the agreement.

DISCUSSION/ANALYSIS:

Providing portable restroom services helps promote public health, reduce the spread of bacteria and viruses, and increase public sanitation. It also promotes water conservation and reduces the spread of disease among wildlife. The City contracts for year-round portable restrooms at Shores Park, North Beach, and the 29th Street beach access. Additional portable restroom services are provided throughout the Beach Colony during summer holidays and at special events.

The City’s agreement for portable restroom services with the current vendor (Diamond Environmental Services) expires on October 31, 2022. On September 13, 2022, the City issued a Request for Proposals (RFP 2022-05) soliciting proposals from qualified contractors to provide rental, delivery, removal, and maintenance services to portable public restrooms at North Beach, 29th Street, and Shores Park in the City of Del Mar. The term for the requested services included in the RFP was an initial three-year period beginning November 1, 2022, and ending November 1, 2025, with an option to extend the agreement for an additional two-year period through November 1, 2027. Two proposals were received in response to the RFP. The names of the submitting firms and annual rates for service are provided below:

1. United Site Services $29,505.00

2. Diamond Environmental Services $40,797.25
The proposals were carefully evaluated by staff based on experience, qualifications, cost of services, and other related criteria listed in the RFP. Proposed rates for services were also evaluated to ensure they were in line with current market rates for the services to be provided. 1 October 17, 2022 Item 06
City Council Agenda Report
Agreement for Portable Restroom Services
October 17, 2022

Page 2 of 2 ends

Based on the review of the proposals submitted by the responsive firms, staff determined that United Site Services is a qualified firm to meet the City’s needs and has proposed the lowest annual for doing so. As a result, staff recommends that the three-year agreement for portable restroom services be awarded to United Site Services.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item.

There are sufficient funds available to cover the cost of these services in the Fiscal Year 2022-2023 Operating and Capital Budget. Funds for these services will also be included in future fiscal year operating and capital budgets for Council consideration.

ENVIRONMENTAL IMPACT:

The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not related to Council Goals and Priorities.

ATTACHMENTS:

Attachment A – Agreement with United Site Services
2 October 17, 2022 Item 06

AGREEMENT BETWEEN THE CITY OF DEL MAR
AND UNITED SITE SERVICES OF CALIFORNIA, INC.

FOR PORTABLE RESTROOM SERVICES
This Agreement (“Agreement”) is made and entered into this 1st day of November, 2022 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and United Site Services of California, Inc. (“Contractor”) (collectively “Parties”).

WHEREAS, the City desires to employ a qualified firm to provide rental, delivery, removal, and maintenance services to portable public restrooms on a scheduled basis (“Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Contractor is qualified based on their experience and ability and willingness to perform the services desired by City; and WHEREAS, Contractor will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. SERVICES.

1.1 Scope of Services. The Contractor shall perform the Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein.

Such services shall be provided at the direction of the City.

1.2. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Contractor’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Contractor’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Contractor and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years beginning on November 1, 2022 and ending on November 1, 2025.

The agreement may be extended for an additional two (2) year period, upon written approval of both parties.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay occasioned by causes beyond the control of Contractor may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Contractor shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Services when 3 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 2 of 14 ends

justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.

2.3 City’s Right to Terminate for Default. Should Contractor be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Contractor fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Contractor’s default, City may terminate this Agreement, without cause, by giving written notice to Contractor. Such termination shall be effective upon receipt of the written notice. Contractor shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Contractor shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Contractor to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Contractor shall be delivered to the City Manager, upon his request, as property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Contractor shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” and incorporated herein. Contractor shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Contractor in advance. Contractor acknowledges that it is not guaranteed any particular amount of work.

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Contractor. Should such additional services be required, Compensation therefore shall be paid to the Contractor in accordance with Fee Schedule contained in Exhibit “B.” City and Contractor shall agree to the costs prior to commencement of such work.

5. INDEPENDENT CONTRACTOR. Contractor is, for all purposes arising out of this Agreement, an independent Contractor. The Contractor has and shall retain the right to exercise full control and supervision of all persons assisting the Contractor in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Contractor nor Contractor’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Contractor being solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

6. STATEMENT OF EXPERIENCE. Contractor agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance 4 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 3 of 14 ends

shall be in accordance with the standards customarily adhered to by an experienced and competent Contractor using the degree of care and skill ordinarily exercised by reputable Contractors practicing in the same field of service in the State of California. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City.

Additionally, Contractor and all of Contractor’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

7. AUDIT OF RECORDS.

7.1 At any time during normal business hours and as often as may be deemed necessary, the Contractor shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Contractor shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

7.2 The Contractor shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All services performed by Contractor, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Contractor, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Contractor, at the time that it was disclosed to Contractor by the City, (b) subsequently becomes publicly known through no act or omission of Contractor or (c) otherwise becomes known to Contractor other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Contractor or subcontractors.

9. CONFLICTS OF INTEREST.

9.1 Contractor shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code § 87103. Contractor represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

9.2 Contractor shall comply with all of the reporting requirements of the Political Reform Act. The Contractor shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Contractor is subject to a conflict of interest code, if applicable. The Contractor shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Contractor was subject to a conflict of interest code. 5 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 4 of 14 ends

9.3 If, in performing the Services set forth in this Agreement, the Contractor makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Contractor shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Contractor’s relevant financial interests.

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Contractor under this Agreement shall be considered the property of City. Contractor shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.

11. INSURANCE

11.1 Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.

11.2 Contractor’s liabilities, including but not limited to Contractor’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Contractor shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

11.3.2 Commercial Automobile Liability. For all of the Contractor's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3 Workers' Compensation. For all of the Contractor's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.

The Contractor shall provide an endorsement that the insurer waives the right of subrogation 6 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 5 of 14 ends

against the City and its respective elected officials, officers, employees, agents and representatives.

11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Contractor and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

11.6 Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

12.1 Contractor agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Contractor, its employees, agents, and subcontractors performance of services under this Agreement. Contractor’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Contractor's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Contractor under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Contractor provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable. 7 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 6 of 14 ends

12.3 Contractor agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Contractor, its officers, agents, representatives, employees, sub-Contractors, or anyone for whom Contractor is liable and that an adjudication of Contractor’s liability is not a condition precedent to Contractor's duty to defend.

13. SUBCONTRACTORS.

13.1 The Contractor’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.

13.2 All contracts entered into between the Contractor and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Contractor shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Contractor.

13.3 In any dispute between the Contractor and its subcontractors, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Contractor agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

14. NON-DISCRIMINATION. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.

If to City: If to Contractor:

City of Del Mar United Site Services of California, Inc.

City Clerk Jeff Dunlop, Vice President
1050 Camino del Mar 118 Flanders Rd.

Del Mar, CA 92014 Westborough, MA 01581
[email protected] [email protected]
8 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 7 of 14 ends

16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Contractor’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Contractor or any of Contractor’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Contractor by City. The acceptance or use of any such equipment by Contractor, Contractor’s employees, or subcontractors shall be construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. COMPLIANCE WITH LAWS. The Contractor shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Contractor shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Contractor to comply with any applicable Laws.

To the extent Contractor is required to comply with prevailing wage requirements, Contractor does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Contractor and any subcontractors ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected Contractors and Contractors to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any Contractor or Contractor, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

20. CONTRACTOR’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and Contractors that are included in this Agreement.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

No change, alteration, or modification of the terms or conditions of this Agreement, and no 9 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 8 of 14 ends

verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.

23. NO WAIVER. No failure of either the City or the Contractor to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
10 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 9 of 14 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager

UNITED SITE SERVICES OF CALIFORNIA,
INC., a California Corporation
By: __________________________________
Jeff Dunlop, Vice President
ATTEST:
_______________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
11 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 10 of 14 ends

EXHIBIT “A”

SCOPE OF SERVICES
A. General Description

1. The Contractor shall provide rental delivery, removal, and scheduled maintenance servicing of portable restrooms at City facilities and on-call during City special events and emergencies.

2. The Contractor shall provide and maintain emergency service response to portable restrooms placed at the facilities described in Section B on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.

3. The Contractor must possess, and have readily available in functioning order, all required tools, equipment, apparatus, facilities, and materials needed to perform all work necessary to maintain facilities in compliance with standards set by the City.

4. The Contractor shall be responsible for providing a safe work place, and complying with the standards and regulations set forth by the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards. Non-Compliance with standards and regulations may result in a deficiency or performance deduction.

5. The Contractor shall not represent the City in matters of policy or procedures under this contract nor make any reference to City policy or procedures. Contractor shall refer all questions or inquiries from the public regarding policy and procedures or terms and conditions of this contract to the City.

B. City Facilities
The facilities to be serviced are as follows:

1. Shores Park (225 9th Street)
Number and Type of Units: One (1) ADA compliant restroom Service frequency: 2 times per week (year-round)

2. North Beach (near 3200 Camino del Mar)
Number and Type of Units: Two (2) standard restrooms and one (1) ADA compliant restroom
Service frequency: 5 times per week (year-round)

3. Beach Access at End of 29th Street
Number and Type of Units: One (1) ADA compliant restroom Service frequency: 5 times per week (year-round)
C. Special Events and Other Circumstances
The City may also require units be delivered and services for special events and other circumstances. Cost proposal will include a per unit rental cost by day, as well as service costs of each unit based upon the agreed upon term.
12 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 11 of 14 ends

D. Maintenance Requirements

1. Routine Maintenance
The Contractor shall provide a routine, comprehensive maintenance and cleaning of each unit in accordance with frequency schedule noted in Section B above. As part of the services, Contractor shall perform the following procedures each time a unit is serviced:
• Pump waste from tank
• Remove rocks or other debris from tanks (Disposal of rocks and debris off site is not required. Trash cans for disposal will be available nearby.) • Scrub all surfaces with the appropriate brushes and cleaning solutions • Clean and scrub floor of mud and other debris
• Scrub urinal inside and out
• Remove graffiti
• Add fresh water and anti-bacterial solution to the tank • Spray with deodorizer
• Replace of replenish toilet tissue
• Wipe off ledges above screen and door
• Complete or schedule needed repairs
• Schedule replacement of the unit if needed
• Confirm unit is in the proper place, is level and secure • Sign and date the service log sticker in each unit
If a unit is blocked and cannot be pumped, the Contractor shall perform the remaining procedures on the unit as outlined above and shall notify the City of Contractor’s inability to pump the unit and replace or repair the unit within three (3) calendar days.

The Contractor warrants that materials and equipment furnished will be of the best quality, that the units will be free from defects and deficiencies, and that the services will conform to the requirements of the Agreement. Services not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and replaced by Contractor at no cost to the City.

2. Emergency Response Work
The City may request that the Contractor perform Emergency Response Work where a unit or unit(s) require service in advance of normal cleaning and maintenance schedule.

The Contractor shall provide and maintain emergency service response of the City’s facilities on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.

3. Materials and Equipment
Contractor will provide all paper items, soaps, cleaning materials and other tools, equipment, apparatus, and materials needed to perform all work necessary. 13 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 12 of 14 ends

4. Hours of Work
Unless otherwise specified, the work at the 29th Street and North Beach (3200 Camino del Mar) shall be performed on both Saturdays and Sundays, in addition to three other weekdays. Servicing shall be performed between 7:30 am to 6:00 pm.

Unless otherwise specified, the work at the Shores Park shall be performed on one weekday and one weekend day. Servicing shall be performed between 7:30 am to 6:00 pm.

5. Reporting Requirements
The Contractor shall provide computerized monthly activity report(s) to the City along with the written/emailed invoice for services performed. 14 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 13 of 14 ends

EXHIBIT “B”

FEE SCHEDULE
A. Regular Scheduled Services
Contractor shall receive compensation for regular scheduled restroom services according to the rates outlined in the table below. Quantities are estimated; payment will be based on actual quantities furnished, installed, or constructed.

Item
No.

Description Annual Quantity
(A)
Fee
(B)
Annual
Cost (A x
B)
1 Shores Park (225 9th Street): One (1) ADA Compliant restroom, serviced 2x per week One-Time Delivery Fee 1 $25.00 $25.00
Weekly Rental Fee 1 unit X 52 weeks = 52 $15.00 $780.00 Service Charge (Includes Labor) 2x per week X 52 weeks
= 104
$25.00 $2,600.00
Item 1 Subtotal: $3,405.00
2 North Beach (near 3200 Camino del Mar): Two (2) standard restrooms and one (1) ADA Compliant restroom, serviced 5x per week
One-Time Delivery Fee 1 $75.00 $75.00
Weekly Rental Fee 3 units X 52 weeks = 156 $10.00 per STD $15.00 per ADA
$1,820.00
Service Charge (Includes Labor) 3 units X 5x per week
X 52 weeks = 780
$20.00 per STD
$25.00 per ADA
$16,900.00
Item 2 Subtotal: $18,795.00
3 Beach Access at End of 29th Street: One (1) ADA Compliant restroom, serviced 5x per week
One-Time Delivery Fee 1 $25.00 $25.00
Rental Fee 1 unit X 52 weeks = 52 $15.00 $780.00
Service Charge 5x per week X 52 weeks
= 260
$25.00 $6,500.00
Item 3 Subtotal: $7,305.00
Annual Grand Total: $29,505.00
Total annual cost for regular scheduled portable restroom services:
________Twenty Nine Thousand Five Hundred Five__________________________Dollars and ______Zero______________________________________________________ Cents 15 October 17, 2022 Item 06
United Site Services of California, Inc.

Agreement for Portable Restroom Services

Page 14 of 14 ends

B. Additional As-Needed Services
The City may request that the Contractor perform Emergency Response Work where a unit or unit(s) require service in advance of normal cleaning and maintenance schedule. The Contractor shall provide and maintain emergency service response of the City’s facilities on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.

Emergency Response Work shall be performed on a time and materials basis.

The City may also require units be delivered and services for special events and circumstances.

Contractor shall receive compensation for additional as-needed services according to the rates outlined in the table below. Quantities are estimated; payment will be based on actual quantities furnished, installed, or constructed.

Description Fee
One-Time Delivery Fee $75.00 per unit
Daily Rental Fee (Includes Containment Plan) STD: $65.00 ADA: $100.00
Service Charge per Occurrence (Includes Labor) $50.00
16 October 17, 2022 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Kseniia Izgarskaia, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: First Amendments to Agreements for As-Needed General Engineering; Surveying; and Fats, Oil, and Grease Program Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council:
1) Approve the First Amendment to the Agreement between the City of Del Mar and Dudek (Attachment A) for as-needed general engineering (construction management) services for an additional two-year period ending November 18, 2024; 2) Approve the First Amendment to the Agreement between the City of Del Mar and PSOMAS (Attachment B) for as-needed surveying services for an additional two-year period ending November 18, 2024;
3) Approve the First Amendment to the Agreement between the City of Del Mar and Mikhail Ogawa Engineering Inc. (Attachment C) for as-needed Fats, Oil, and Grease program services for an additional two-year period ending November 18, 2024; and 4) Authorize the City Manager to execute the First Amendments.

DISCUSSION/ANALYSIS:

The City utilizes various as-needed consultant firms to deliver technical and capital improvement program services, such as general engineering and construction management; field surveying and aerial topography; and Fats, Oil and Grease (FOG) program management, inspection and compliance. Contracting out these services meets an essential need for the City by providing the required technical expertise by outside consultants to allow City staff to focus on oversight and critical activities that need to be performed in-house.

On November 18, 2019, the City entered into as-needed consulting agreements (Agreements) with Dudek for general engineering (construction management) services; PSOMAS for surveying services; and Mikhail Ogawa Engineering Inc. (MOE) for FOG 1 October 17, 2022 Item 07
City Council Agenda Report
Amendment to Agreements for As-Needed Services
October 17, 2022

Page 2 of 2 ends

program services following a public procurement process. The initial term for all three agreements was three years, and those agreements are set to expire on November 18, 2022.

Section 2.1 of each Agreement allows for an additional two-year extension to the contract term contingent upon satisfactory performance by the consultant. During the initial term of the Agreements, all three consultants provided high quality services to the City and have been responsive to the City’s requests. For this reason, staff is proposing to extend the term of each Agreement for an additional two-year period ending on November 18, 2024. As a result of term extension, the City will continue to have the ability to use any of these firms for services as needs arise. The original consulting services agreements with Dudek, PSOMAS, and MOE are included with this agenda report as Attachments D, E, and F, respectively.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Funds for as-needed general engineering, surveying, and FOG program services are available in the FY 2022-23 Operating and Capital Budget. Funds for these services will also be included in future fiscal year operating and capital budgets for Council consideration.

ENVIRONMENTAL IMPACT:

NEXUS TO COUNCIL PRIORITIES:

This is an operational item and is not included in the City Council’s list of Goals & Priorities.

ATTACHMENTS:

Attachment A – First Amendment to the Agreement with Dudek Attachment B – First Amendment to the Agreement with PSOMAS Attachment C – First Amendment to the Agreement with MOE Attachment D – Original Agreement with Dudek (2019)
Attachment E – Original Agreement with PSOMAS (2019)
Attachment F – Original Agreement with MOE (2019)
2 October 17, 2022 Item 07

FIRST AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF DEL MAR AND DUDEK

FOR AS-NEEDED GENERAL ENGINEERING SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 18th day of November 2022, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Dudek (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on November 18, 2019, the City and Consultant entered into an Agreement for as-needed general engineering (construction management) services (Agreement) for an initial three-year period, by which the City and Consultant established the terms and conditions for providing general engineering services for the City of Del Mar; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period as provided for in Section 2.1; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on November 18, 2019, and terminating November 18, 2024 (“Termination Date”) unless terminated earlier as set forth herein.

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
3 October 17, 2022 Item 07
City of Del Mar
First Amendment to As-Needed General Engineering Services Agreement

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
DUDEK, a California corporation
By:

Joe Monaco, President
ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
4 October 17, 2022 Item 07

FIRST AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF DEL MAR AND PSOMAS

FOR AS-NEEDED SURVEYING SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 18th day of November 2022, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and PSOMAS (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on November 18, 2019, the City and Consultant entered into an Agreement for as-needed surveying services (Agreement) for an initial three-year period, by which the City and Consultant established the terms and conditions for providing surveying services for the City of Del Mar; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period as provided for in Section 2.1; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
5 October 17, 2022 Item 07
City of Del Mar
First Amendment to As-Needed Surveying Services Agreement

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
PSOMAS, a California corporation
By: __
Sarah Curran, Vice President
ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
6 October 17, 2022 Item 07

FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DEL MAR AND MIKHAIL OGAWA ENGINEERING INC.

FOR AS-NEEDED FOG PROGRAM SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 18th day of November, 2022, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Mikhail Ogawa Engineering Inc. (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on November 18, 2019, the City and Consultant entered into an Agreement for as-needed Fats, Oil and Grease (FOG) Program services (Agreement) for a three-year initial period, by which the City and Consultant established the terms and conditions for providing FOG Program services for the City of Del Mar; and WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period as provided for in Section 2.1; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
7 October 17, 2022 Item 07
City of Del Mar
First Amendment to As-Needed FOG Program Services Agreement

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
MIKHAIL OGAWA ENGINEERING INC.,
a California corporation
By: __
Mikhail Ogawa, President
ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
8 October 17, 2022 Item 07
9 October 17, 2022 Item 07
10 October 17, 2022 Item 07
11 October 17, 2022 Item 07
12 October 17, 2022 Item 07
13 October 17, 2022 Item 07
14 October 17, 2022 Item 07
15 October 17, 2022 Item 07
16 October 17, 2022 Item 07
17 October 17, 2022 Item 07
18 October 17, 2022 Item 07
19 October 17, 2022 Item 07
20 October 17, 2022 Item 07
21 October 17, 2022 Item 07
22 October 17, 2022 Item 07
23 October 17, 2022 Item 07
24 October 17, 2022 Item 07
25 October 17, 2022 Item 07
26 October 17, 2022 Item 07
27 October 17, 2022 Item 07
28 October 17, 2022 Item 07
29 October 17, 2022 Item 07
30 October 17, 2022 Item 07
31 October 17, 2022 Item 07
32 October 17, 2022 Item 07
33 October 17, 2022 Item 07
34 October 17, 2022 Item 07
35 October 17, 2022 Item 07
36 October 17, 2022 Item 07
37 October 17, 2022 Item 07
38 October 17, 2022 Item 07
39 October 17, 2022 Item 07
40 October 17, 2022 Item 07
41 October 17, 2022 Item 07
42 October 17, 2022 Item 07
43 October 17, 2022 Item 07
44 October 17, 2022 Item 07
45 October 17, 2022 Item 07
46 October 17, 2022 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Dwight Worden and Council Member Dan Quirk, Liaisons to the Lagoon Committee
Prepared by Nestor Machado, Management Analyst
Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Lagoon Committee Appointment
REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Lagoon Committee recommend that the City Council reappoint Karen Lare as a voting member to serve a second full three-year term starting October 31, 2022 and ending on October 31, 2025.

DISCUSSION/ANALYSIS:

The Lagoon Committee (Committee) is charged with monitoring the preservation and enhancement of the portions of the San Dieguito and Los Penasquitos Lagoons located in the City of Del Mar, as well as any actions outside the City of Del Mar that impact the lagoons.

The Committee participates at both the local and regional level. Regionally, the Committee coordinates with the activities of the San Dieguito River Valley Joint Powers Authority (JPA) and monitors the lagoon’s restoration plan. Locally, the Committee monitors reports on the health of the lagoons, investigates additional public access opportunities, and encourages educational and informational programs to uncover the lagoons’ little-known points of interest.

The Committee also monitors and comments on any and all developments that may impact on the lagoons.

There is currently one upcoming vacancy on the Committee due to Karen Lare’s term expiration on October 30, 2022. City staff advertised the vacancy, and three Citizen Interest Forms were received during the recruitment period from Karen Lare, Steven Serrano, and Marco Bruderer-Schwab (Attachment A). The Council Liaisons to the Committee have reviewed the applications and recommend that the City Council re-appoint Karen Lare for a second full three-year term effective October 31, 2022 and ending on October 31, 2025.

If the recommended appointment is approved by the City Council, the Committee will maintain a full roster. A copy of the current Committee roster is included as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Forms
Attachment B – Current Lagoon Committee Roster
1 October 17, 2022 Item 08
Attachment A
2 October 17, 2022 Item 08
3 October 17, 2022 Item 08
4 October 17, 2022 Item 08
5 October 17, 2022 Item 08
6 October 17, 2022 Item 08
7 October 17, 2022 Item 08

Page 1 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:

Serrano Steven 92014 1
2 Experience with recreation/athletics and environmental concerns/advocacy BA in Political Science, Arizona State university
8 October 17, 2022 Item 08

Page 2 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a register voter in Del Mar? ☐ Yes ☐ No
Have been the lead of environmental advocacy groups in the San Bernardino national forest
1997 2007 2007
9 October 17, 2022 Item 08

Page 3 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 10 October 17, 2022 Item 08

Page 4 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________

4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? 11 October 17, 2022 Item 08

Page 5 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?

9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.

Page 6 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By ng under penalty of perjury that the information you are pr ur knowledge.
__ __________________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
09/16/22
13 October 17, 2022 Item 08

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
_1__ Design Review Board ___ Planning Commission
Bruderer-Schwab Marco G
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
Arts Advisory Committee 2 Parks and Recreation
Committee
Finance Committee Traffic and Parking Advisory
Committee
Measure Q Citizen Oversight
Committee
3 Lagoon Committee
Other(s) (please
indicate):______________
Sustainability Advisory
Committee
Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Page 1 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 14 October 17, 2022 Item 08
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

I’ve lived in Del Mar for 25 years and want to get involved and help the city. I love this town and want to be apart of it’s ever growing beauty. I have online marketing expertise, as well as taking landscaping and botany classes. I’ve done construction and have been apart of building a facility from the ground up in California.

Education:

See above.

Relevant Experience (job or volunteer etc.):

I have worked as a physical construction worker on the job. I have also been on the other side, involved with plan check meetings that include load calculations, ADA compliance, structural integrity and much more.

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

None
NAME STREET NAME (no house
number)
Phone Number
Becky Dembinski Luneta
Connie Shaner Orchid Lane

Page 2 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law None
15 October 17, 2022 Item 08
Residency
Are you a full-time or part-time resident of Del Mar? X☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? X☐ Yes ☐ No Are you a register voter in Del Mar? X☐ Yes ☐ No
Cynthia Bolker 26th Street
Month Year
I have been a resident of California since: January 1996 I have been a resident of San Diego County since: January 1996 I have been a resident of Del Mar since: January 1996

Page 3 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 16 October 17, 2022 Item 08
III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why?

Page 4 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 17 October 17, 2022 Item 08

Check the neighborhood map to verify your neighborhood.

Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
I have taken landscaping and botany classes. I have a love for parks and nature. I know about water wise plants and trees and irrigation. I’ve done my own irrigation work at home and have learned a lot about sprinkler systems. I want to get involved to make our current parks nicer and possibly create new ones down the line! I want to be involved because I enjoy using the Del Mar parks and have enjoyed using them for 25 years. I think they’re a very important part of Del Mar and I think being on the Committee I would really be able to make a change.

Page 5 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 18 October 17, 2022 Item 08

6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood. ☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
I don’t think there was an opening slot but I absolutely adore the lagoon and use the trail for biking and walking all the time. Preserving nature and bringing back the eco system that was once lost is something that I would love to be apart of.

Page 6 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 19 October 17, 2022 Item 08
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. ____ _______ _________9/2/22_________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.

Page 7 ends

Del Mar City CouncilOctober 17, 2022

Del Mar City Council
October 17, 2022