AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
April 5, 2022
Honorable Mayor and Members of the City Council
\
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the February 15, 2022 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• February 15, 2022 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended that the City Council approve the February 15, 2022 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. February 15, 2022 Regular City Council Meeting Minutes Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
1 of 9
Reviewed By:
Alan Fenstermacher
City Attorney
,...,_._.,._,,......, e
City Manager
April 5, 2022, Item #2
ATTACHMENT A
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
February 15, 2022
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL
Present: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; Interim Fire Chief Scott Post; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE
Deputy Mayor Mullin led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
PUBLIC COMMENT
Jim Hyldahl, Board Director of the Poway Symphony Orchestra announced the launch of the 2022 season adding that on Sunday, March 20, the symphony will celebrate with a performance of the "Romantic Gems".
2 of9 April 5, 2022, Item #2
Yuri Bohlen spoke regarding the upcoming deadline for the Mayoral recall effort and Sacramento housing mandates.
CONSENT CALENDAR
Motioned by Deputy Mayor Mullin and seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 8. Motion carried 510 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the January 18, 2022 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 22-009, entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic"
4. Approval of Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants and NOVA Services, Inc. for As-Needed Geotechnical Services; RFP 22-018
5. Acceptance of Public Improvements for the Filhart Residence Project, WI 18-001
6. Award of Contract to M-Rae Engineering, Inc. for the FY21-22 Water Valve Replacement Project; Bid No. 22-003
7. Acceptance of the Bowron Road Sewer Upsize Project; Bid No. 21-015, with T.E. Roberts, Inc., as Complete
8. Side Letter Amending the Memorandum of Understanding (MOU) between the City of Poway and Teamsters, Local 9-1-1 Changing the Work Schedule for Water Treatment Plant Operators
ORDINANCES FOR INTRODUCTION:
None.
ORDINANCES FOR ADOPTION
9. Second Reading and Adoption of Ordinance No. 852 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting Boundaries for City Council Districts Pursuant to the Fair Maps Act (Government Code 21601 Et Seq.)." Public Comment:
3 of9 April 5, 2022, Item #2
Yuri Bohlen spoke regarding the adoption of the ordinance as marking the end of the state's requirement to hold four public hearings, he noted the lack of community interest in the process.
Motioned by Councilmember Frank and seconded by Councilmember Leonard to adopt Ordinance No. 852 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting Boundaries for City Council Districts Pursuant to the Fair Maps Act (Government Code 21601 Et Seq.)." Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
10. Second Reading and Adoption of Ordinance No. 853 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 3.28.060, 3.28.070, 3.28.110,
3.28.120 and Adding 3.28.150 to Chapter 3.28 (Purchasing) of the Poway Municipal Code No speakers.
Council member Leonard provided a summary of the ordinance noting that it's approval would increase the purchasing power on behalf of the City Manager from $50,000 to $60,000.
Motioned by Councilmember Leonard seconded by Deputy Mayor Mullin to adopt Ordinance No. 853 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 3.28.060, 3.28.070, 3.28.110, 3.28.120 and Adding
3.28.150 to Chapter 3.28 (Purchasing) of the Poway Municipal Code." Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
PUBLIC HEARINGS:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
11. Tentative Tract Map 22-002; A Request for Approval of the Third One-Year Time Extension for a Previously Approved Subdivision (Tentative Tract Map 16-005) and a Request to Lower the Pad Elevation of Lot 8 by Approximately Five Feet
Mayor Vaus opened the Public Hearing at 7:14 p.m.
Deputy Mayor Mullin recused himself due to conflict of interest noting having a business relationship with the applicant and exited the dais at 7:16 p.m.
Senior Planner Austin Silva presented the item along with a PowerPoint presentation. Mr.
Silva explained that the applicant and developer for the subdivision, New Pointe Communities has requested a time extension for a previously approved tentative tract map to include lowering the elevation of Lot 8 by five feet. Mr. Silva provided the site location, zoning 4of9 April 5, 2022, Item #2
requirements, size, and description. He added that lowering the pad will require less grading and have less of an impact on habitat.
Public Comment:
Billy Sheldon, (Via Teleconference) noted having recently purchased property adjacent to this parcel adding he was only made aware of the upcoming development when the developer traversed his property with tractors disturbing the land and ignored survey boundaries during investigative work. Mr. Sheldon noted potential blasting as a concern and asked that Council hold the developer accountable for doing things the proper way.
End of Public Comment.
Mayor Vaus Closed the Public Hearing at 7: 18 p.m.
Motioned by Councilmember Grosch and seconded by Councilmember Leonard to adopt the Resolution No. 22-010 "Tentative Tract Map 22-002; A Request for Approval of the Third One-Year Time Extension for a Previously Approved Subdivision (Tentative Tract Map 16-005) and a Request to Lower the Pad Elevation of Lot 8 by Approximately Five Feet." Motion carried unanimously, 4/0/1 with recusal by Deputy Mayor Mullin.
Deputy Mayor Mullin returned to the dais at 7:19 p.m.
12. An Ordinance Amending Title 16 of the Poway Municipal Code, Sections 16.58.020,
16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030, 16.82.220, and 16.82.400, Relating to Floodplain Management Regulations
Mayor Vaus opened the Public Hearing at 7: 19 p.m.
City Engineer Melody Rocco presented the item. She explained that the city participates in, and currently holds a Class 8 CRS rating with the National Floodplain Insurance Program's (NFIP) Community Rating System (CRS), which provides discounts to community property owners . She further explained that due to updates within the NFIP's CRS, it is recommended that the City update its Municipal Code in accordance with the NFIP CRS guidelines to maintain its current rating or achieve a better rating. Ms. Rocco noted having identified additional minor updates needed in Divisions Four and Five of Chapter 16 of the Poway Municipal Code to reflect our current structure of governance and streamline floodplain approval processes, to be effective March 1, 2022.
Council discussion ensued.
Councilmember Leonard inquired if adoption of this ordinance could impact permits currently in the approval process.
Ms. Rocco explained that due to the length of time needed for second reading of the ordinance and another 30 days to take effect, it is possible for residents to be impacted if permits are not already issued; however, the impact would be marginal.
No speakers.
Mayor Vaus Closed the Public Hearing at 7:21 p.m.
5 of 9 April 5, 2022, Item #2
Motioned by Councilmember Leonard seconded by Councilmember Frank to adopt Ordinance No. 854 entitled "An Ordinance Amending Title 16 of the Poway Municipal Code, Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030,
16.82.220, and 16.82.400, Relating to Floodplain Management Regulations." Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Leonard, Frank, Grosch, Mullin, Vaus
None
Abstained: None
Absent: None
Disqualified: None
13. Minor Conditional Use Permit (MCUP) 21-004: A Request to Store Two Seatainers at Fire Station 2 Located at 16912 Westling Court
Mayor Vaus opened the Public Hearing at 7:24 p.m.
Senior Planner Austin Silva presented the item along with a PowerPoint presentation, he provided background on the location and description of the seatainers.
No speakers.
Mayor Vaus Closed the Public Hearing at 7:26 p.m.
Motioned by Mayor Vaus and seconded by Deputy Mayor Mullin to adopt the Resolution No. 22-011 "Minor Conditional Use Permit (MCUP) 21-004: A Request to Store Two Seatainers at Fire Station 2 Located at 16912 Westling Court." Motion carried unanimously.
14. Ambulance Rates Study and Resolution Amending and Establishing the Emergency Medical Services and Ambulance Transport Fees
Mayor Vaus opened the Public Hearing at 7:26 p.m.
Revenue and Operations Manager Nicole Roesler presented the item along with a PowerPoint presentation, stating that the City retained industry experts NBS Government Finance Group to conduct a fee study. The last fee study was conducted in 2007. Ms. Roesler stated the City of Poway's fees are the lowest in the County. The results of the fee study provide the City Council different cost recovery options in setting new fees, though all options exclude the costs of the recently approved six-year labor agreement with the Poway Firefighters' Association. Ms. Roesler explained that user fees charged by the City are legally limited to not more than the cost of providing the related service or activity. Additionally, there have been significant changes to the healthcare system and reimbursement policies since the fees were last updated, which make it necessary to update and modernize the fee schedule, increasing the City's share of reimbursement for services. Ms. Roesler added that payment plans and resources for uninsured individuals (such as emergency medi-cal) are available.
Public Comment:
Yuri Bohlen requested that Council consider those living on fixed incomes when making a decision.
End of Public Comment.
6 of9 April 5, 2022, Item #2
Mayor Vaus Closed the Public Hearing at 7:34 p.m.
Council discussion ensued. The City Council was in consensus to adopt the fees that represented full cost recovery.
Motioned by Councilmember Leonard and seconded by Deputy Mayor Mullin to adopt the Resolution No. 22-012 "Ambulance Rates Study and Resolution Amending and Establishing the Emergency Medical Services and Ambulance Transport Fees." Motion carried unanimously.
STAFF REPORTS
15. Pre-Development Conference 21-004/22-001; A Request for Review of a Proposal to Modify a Conditional Use Permit and Reclamation Plan for the Mining Site Operated by Granite Construction to Provide for a Battery Energy Storage System Facility and an Amendment to the South Poway Specific Plan to allow Transmission Poles in the Natural Open Space area at 10975 Beeler Canyon Road
Senior Planner Austin Silva presented the item along with a PowerPoint presentation and stated the Pre-Development Conference is advisory only and no decision will be rendered this evening. There is an active Conditional Use Permit (CUP) and a Reclamation Plan under Granite Construction's name for the mining site, but the site is currently being used to recycle concrete and asphalt. Mr. Silva explained that Granite Construction is requesting to modify the CUP and Reclamation Plan in order to revise future industrial building pad locations to provide for a proposed Battery Energy Storage System (BESS) facility that is to be constructed and operated by Nighthawk Energy Storage, LLC. The BESS facility requires a generation tie line to be supported by steel transmission poles (that are between 60 to 80 feet high) and would require an amendment to the South Poway Specific Plan to allow for these poles.
Jayne Powell, President of JK Powell Environmental Resources, Consultant for Granite Construction, spoke regarding the proposed modifications including the configuration of one of the two industrial pads currently included in the Conditional Use Permit. She provided information on Granite Construction including project sites at other Southern California locations.
Keith Lathan, Vice President of Tenaska, Inc, an independent energy company, Consultant for Nighthawk Energy Storage, LLC, provided information about similar project sites within the Southern California region for similar type battery storage facilities. He spoke regarding the importance of battery storage and community benefits of such a project and noted proposed community outreach.
Public Comment:
Spoke in opposition of the proposal:
Monica Emanuele
Mary Shweid
Joseph Pereirra
Ian Hauh
Jim Irish
David Ball
Paul Rexford
Elizabeth Rexford
7 of9 April 5, 2022, Item #2
Mike Fry
Adria Polselli
Ray Suberlak
Karen Kuhn (Via Teleconference)
Spoke Neutrally of the Proposal:
Brian Hoffman
End of Public Comment.
Council discussion ensued, input was provided, and direction given. Concerns including fire risk, concerns regarding above ground poles and lines, environmental disturbance, the cost to the City and a lack of benefits to the City were all discussed.
WORKSHOPS:
16. Adobe Ridge, Silver Ridge, and Ted Williams Parkway Groves Workshop Associate Planner Scott Nespor presented the item along with a PowerPoint presentation. In addition to providing a history of the groves, Mr. Nespor explained the costs of the current maintenance contract and shared a graph showing the projected increase in water and maintenance costs through 2025. Mr. Nespor spoke regarding different options available at each site including re-adapting through re-landscaping, transferring ownership or lease to other entities, expanding current parks, creating new miniparks, allowing residential development, or leaving the groves as is.
Public Comment:
Spoke Neutrally of the topic:
Nick Carruthers
Vince Provenzano
lone Guiffrida
John Whitson
Joe St. Lucas
End of Public Comment.
Council discussion ensued including concerns over the high maintenance contract cost, watering, open space concerns, stump conditions after tree removal, the sale of the lots to developers and the sustainability of readaptation. Council consensus was the Ted Williams Grove should be removed and planted with a native mix, and to keep the Adobe Ridge and Silver Ridge Groves but evaluate the watering, terms of the maintenance agreement, explore potential opportunities for non-profits or local schools to have some role in the maintenance and harvesting of the fruit, and evaluate options for removing unhealthy trees and planting less water intensive landscaping.
COUNCIL-INITIATED ITEMS:
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
8 of9 April 5, 2022, Item #2
Councilmember Grosch inquired about the status of The Outpost project.
Mayor Vaus noted having attended a performance by the US Army Field Band at the Poway Center for the Performing Arts and requested the possibility of a City recognition of Poway Resident, and Super Bowl Champion, Eric Weddle.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
ADJOURNMENT
The meeting adjourned at 9:38 p.m.
9 of9
Carrie Gallagher, CMC
City Clerk
City of Poway, California
April 5, 2022, Item #2
� AGENDA REPORT
J> ,. n>C ;__: j j �--�
DATE:
TO:
FROM:
CONTACT:
April 5, 2022
Honorable Mayor and Members of the City Council
Scott Post, Interim Fire Chief 4'1J
Scott Post, Interim Fire Chief 0�
(858) 668-4462 or [email protected]
City of Poway
CITY COUNCIL
SUBJECT: Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic Summary:
The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting.
Recommended Action:
It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVI D-19. This action requires a four-fifths (4/5) vote of the City Council.
Discussion:
The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVI D-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, December 7. In 2022, the City 1 of 5
April 5, 2022, Item #3
April 5, 2022, Item #3
Council approved to continue the emergency action on January 18, February 1, February 15, March 1 and March 15. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of March 24, 2022, City costs to respond to COVID-19 are estimated at $1,120,760. These costs specifically relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $20,393,896 as of June 30, 2021, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year.
In addition to using reserves to respond to COVID-19, as mentioned above, on April 20, 2020, the City Council approved $2,000,000 to fund the PEARL program for small businesses. The PEARL program's goal was to offer financial assistance to small businesses located in Poway by serving as a financial bridge to businesses while they were awaiting state and federal funding provided in response to the pandemic. Based on staffs review, 35 loans totaling $1,328,118 were approved and four loans totaling $148,000 have been repaid. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use.
Public Notification:
None.
Attachments:
A. Resolution
B. Proclamation of Local Emergency
Reviewed/ Approved By:
wendaserman
Assistant City Manager
2 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
April 5, 2022, Item #3
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FINDING AND DECLARING THE
CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE
CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL
PANDEMIC
WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section
2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session;
WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic;
WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, December 7, and in 2022 on January 18, February 1, February 15, March 1 and March 15; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050;
WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and
WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby 3 of 5 ATTACHMENT A
April 5, 2022, Item #3
Resolution No. 22-
finds and declares:
SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and
(a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property;
(b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce;
(c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended.
SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of April, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of5
April 5, 2022, Item #3
PROCLAMATION
OF
LOCAL
EMERGENCY
WHEREAS,
section
2.12.060
of
the
Poway
Municipal
Code
empowers
the
Director
of
Emergency
Services
to
proclaim
the
existence
or
threatened
existence
of
a
local
emergency
when
the
City
is
affected
or
likely
to
be
affected
by
a
public
calamity
and
the
City
Council
is
not
in
session;
WHEREAS,
the
City
Manager,
as
Director
of
Emergency
Services
of
the
City
of
Poway,
does
hereby
find
that
conditions
of
extreme
peril
to
the
safety
of
persons
and
property
have
arisen
within
the
City
of
Poway,
caused
by
the
Novel
Coronavirus
(COVID-19)
commencing
on
January
24,
2020;
WHEREAS,
that
the
City
Council
of
the
City
of
Poway
is
not
in
session
and
cannot
immediately
be
called
into
session;
and
WHEREAS,
this
Proclamation
of
Local
Emergency
will
be
ratified
by
the
City
Council
within
seven
days
of
being
issued.
NOW,
THEREFORE,
IT
IS
HEREBY
PROCLAIMED
by
the
Director
of
Emergency
Services
for
the
City
of Poway,
that
a
local
emergency
now
exists
throughout
the
City
and
that
said
local
emergency
shall
be
deemed
to
continue
to
exist
until
its
termination
is
proclaimed
by
the
City
Council; IT
IS
FURTHER
PROCLAIMED
AND
ORDERED
that
during
the
existence
of
said
local
emergency
the
powers,
functions,
and
duties
of
the
emergency
organization
of
this
City
shall
be
those
prescribed
by
state
law,
ordinances,
and
resolutions
of
this
City,
and
by
the
City
of
Poway
Emergency
Plan;
and
IT
IS
FURTHER
PROCLAIMED
AND
ORDERED
that
a
copy
of
this
Proclamation
of
Local
Emergency
be
forwarded
to
the
State
Director
of
the
Governor's
Office
of
Emergency
Services
with
a
request
that;
1. The
State
Director
find
the
Proclamation
of
Local
Emergency
acceptable
in
accordance
with
provisions
of
the
Natural
Disaster
Assistance
Act;
and
2. The
State
Director
forward
this
Proclamation,
and
request
for
a
State
Proclamation
and
Presidential
Declaration
of
Emergency,
to
the
Governor
of
California
for
consideration
and
action.
PASSED
AND
ADOPTED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway
this
13th
day
of
March
2020.
Chr
~
Director
of
Emergency
Services
5 of
5 ATTACHMENT
B
April 5, 2022, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
April 5, 2022
Honorable Mayor and Members of the City Cour~
Eric Heidemann, Director of Public Works q
Troy DePriest, Assistant Director of Public Works for Utilities-~'? (858) 668-4750 or [email protected]
Award of Agreement to Griswold Industries DBA Cla-Val for as-Needed Pressure Reducing Valve Station Maintenance Services; RFP No. 22-019 A request for proposals (RFP) for Pressure Reducing Valve Maintenance Services, RFP No. 22-019 was duly advertised on February 3 and February 10, 2022. One proposal was received and opened on March 8, 2022. Staff reviewed the proposal submitted by Griswold Industries DBA Cla-Val and determined them to be responsive and qualified. The term of the agreement is for three (3) years beginning April 5, 2022 through April 4, 2025, with two (2) one-year extensions for an amount not-to exceed $45,000 per year or a total sum not-to-exceed $225,000 for the life of the agreement, including extensions.
Recommended Action:
It is recommended the City Council award the agreement for pressure reducing valve maintenance services to Griswold Industries DBA Cla-Val and authorize the City Manager to execute the necessary documents.
Discussion:
The City of Poway (City) is dedicated to providing its customers with safe and reliable drinking water.
With this objective in mind, the Utilities Divisions employ a year-round Valve Maintenance and Exercise Program (Program) to ensure the City's valves are routinely inspected, maintained and operational.
Included in the Program is the maintenance of pressure reducing valve (PRV) stations. The City has 22 PRV stations with multiple valves that control and regulate pressure across the City's water distribution system. To supplement its preventative maintenance program, Utilities staff seeks a qualified industry expert to inspect, test, repair, and perform preventative maintenance on pressure reducing valves and pressure control valves throughout the public water system. The work to be performed is considered a public works project by the California Department of Industrial Relations and is subject to prevailing wages under California State Law. 1 of 26
April 5, 2022, Item #4
On February 3 and February 10, 2022, staff duly advertised a request for proposals (RFP) for valve maintenance and exercising. The RFP was advertised on the City's website, online bid portal and in the local newspaper. On March 8, 2022, the City received one proposal from Griswold Industries OBA Cla-Val (Cla-Val). Staff reviewed Cla-Val's proposal and rates and recommends the award of an agreement. The table below provides the prevailing wage rate to be paid for work performed by Cla Val:
Table 1: Hourly Service Rate
Service Type Mon-Fri After Hours &
Regular Hourly Rate Weekends
Overtime Hourly Rate
Maintenance Rate: $165.00 $247.50
One (1) Technician and One (1) Vehicle
Maintenance Rate: $310.00 $465.00
Two (2) Technicians and One (1) Vehicle
Travel 1 Technician $315.00 per day N/A
Travel 2 Technicians $390.00 per day N/A
Providing maintenance on PRVs and other water distribution system appurtenances requires an advanced knowledge of pilot systems, operations, systems and troubleshooting. Cla-Val is known as an industry leader in the service and manufacture of automatic control valves. As such, Cla-Val Field Service provides expert, on-site maintenance, support and repair services for valves that the City has installed. The services to be provided by Cla-Val, in addition to preventative maintenance conducted by staff, will help improve system reliability and reduce failures.
Poway currently utilizes Cla-Val to perform valve maintenance and exercising through a purchase order obtained in January 2021 for an amount not-to-exceed $45,000. At that time, a request for quotes was submitted and four vendors responded, one being Cla-Val, and the other being ACV systems, LLC. The two other vendors replied with a "no quote" response. Cla-Val was the only responsive quote and has a proven work record with the City.
As part of the agreement's scope of work, the contractor is to perform maintenance on the main body and operating pilotry of at least five (5) different PRV sites per year and maintenance of control valves at pump stations. The agreement with Cla-Val will be for an amount not-to-exceed $45,000 per year or a total sum not to exceed $225,000 for the life of the agreement, including extensions. The term of the agreement is for three (3) years beginning April 5, 2022 through April 4, 2025, with two (2) one year extensions.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the Fiscal Year 2021-2022 Water Transmission and Distribution Division budget (402560-41200) to fund the agreement's first year's costs. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. 2 of26
April 5, 2022, Item #4
Public Notification:
None.
Attachments:
A. Agreement with Griswold Industries DBA Cla-Val
Reviewed/ Approved By:
Wendy serman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney City Manager
April 5, 2022, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of April, 2022, by and between the City of Poway (hereinafter referred to as "City") and Griswold Industries OBA Cla Val (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of Contractor to provide Pressure Reducing Valve Maintenance Services in support of the Public Works Utilities Division; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 4of26 ATTACHMENT A
April 5, 2022, Item #4
failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. 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 Section 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.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
April 5, 2022, Item #4
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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April 5, 2022, Item #4
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies 8 of 26
April 5, 2022, Item #4
Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:---------
Chris Hazeltine, City Manager
Date: __________ _
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
GRISWOLD INDUSTRIES DBA CLA-VAL
By:-----------
Jennifer Lucha, Facilities & Field Service
Office Manager
Date: ___________ _
By:-----------
Alan Fenstermacher, City Attorney
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April 5, 2022, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Contractor agrees to provide pressure reducing valve maintenance services as required by City, further described in the Request for Proposals which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Schedule submitted in writing on March 8, 2022, which is included in this document as Attachment
2. Total fee is not to exceed $225,000. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing April 5, 2022 and ending April 4, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
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(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Griswold Industries OBA Cla-Val
1701 Placentia Ave
Costa Mesa, CA 92627
(Remainder of page intentionally left blank)
April 5, 2022, Item #4
ATTACHMENT 1
SCOPE OF WORK
Purpose: The contractor shall furnish all labor, equipment, insurance, training, licenses and certifications to complete PRV Station maintenance and exercising, which shall include the main body, trim (bypass), blowoff valves and operating pilotry (CRD or CRL) as outlined below: Should we add, Contractor is responsible for confined space entry to include gas monitoring. Contractor shall be responsible for traffic control.
1. Pump out vault, if necessary.
2. Disassemble, inspect and clean the main valve and pilot control valves.
3. Replace the main valve diaphragm (Cla-Val) or liner (Roll seal) and pilot control diaphragm and disc using a Cla-Val factory rubber rebuild kit.
4. Disassemble the whole valve assembly and check for leaks.
5. Clean and inspect wye strainer.
6. Check gauges for proper operation.
7. Inspect overall condition.
8. Set the pilot to customer specifications for flow.
9. Test run the valves for proper operation.
10. Test the over pressurization (relief) PRV to ensure discharge.
11. Provide documentation of work completed, a condition report, and before and after photographs for each site.
Maintenance: Maintenance shall include repair, upgrade, rehabilitation or replacement of all valves and pilotry systems listed on the Pressure Reducing Station Information table at the end of this section. The Contractor shall, upon request from the City, deploy to each valve site and perform a working inspection of the existing valve. The inspection shall verify the working condition of the valve and confirm that the diaphragm assembly is properly functioning. The Contractor shall repair or replace any parts of the valve found to be worn or otherwise in need of replacement. All internal parts of the valve shall be cleaned of mineral deposits prior to reassembly of the valve. All repairs and rehabilitations shall be made in accordance with Cla-Val guidelines and as directed by the City.
Maintenance shall also include the repair, rehabilitation or replacement of any piloting 16 of 26
April 5, 2022, Item #4
system associated with the valves listed on the Pressure Reducing Station Information table at the end of this section. The Contractor shall be factory trained in maintaining all piloting systems offered by Cla-Val and cause to fix/repair all piloting systems in accordance with Cla-Val guidelines and as directed by the City. Work under this section may also include full valve replacement complete with all necessary pilot systems and/or electronic controls.
Work shall not be considered complete until all inspections on the valve have been done and start-up testing has been completed to confirm working conditions.
Any additional repair or maintenance, not outlined in the original scope of work, but identified by the consultant shall be reported to the City of Poway in writing. This additional work may be approved by the City of Poway on an as-needed basis. All extra work is to be approved by the City representative before the work is performed. In no event will extra work be paid for without written permission from the Director of Public Works or their designee. Any additional work will be billed on a time and materials basis using the standard hourly rate identified by the contractor on the fee schedule. 17 of 26
April 5, 2022, Item #4
Pressure Reducing Station Information
Pressure Pipe Pipe Valve Confined Reducing Main Trim Blowoff Model# Station Size Size Type Space
IN OUT Valve Valve Type
PR-1 8" 8" 6" n/a Roll Seal 4" 100-42 No
PR-2 12" 12" 6" 2.5" CLA-Val 4"angle 90 Series Yes
PR-3 8" 8" 6" 2.5" CLA-Val 4"angle 90 Series Yes
PR-4 10" 10" 6" 2" CLA-Val 4"angle 90 Series Yes
PR-5 8" 8" 6" 2" Roll Seal 4" 100-42 No
PR-6 8" 8" 6" 4" Roll Seal 4" 100-42 Yes
PR-7 10" 8" 8" n/a CLA-Val n/a 90 Series Yes
PR-8 10" 8" 6" n/a Roll Seal 4" 100-42 Yes
PR-9 14" 16" 8" 4" CLA-Val 6" straight 90 Series Yes
PR-10 12" 8" 8" n/a Roll Seal 6" 100-42 Yes
PR-11 6" 6" 8" n/a CLA-Val n/a 90 Series No
PR-12 10" 10" 8" n/a CLA-Val n/a 90 Series Yes
PR-13 8" 8" 8" n/a Roll Seal 6" 100-42 Yes
PR-14 8" 8" 8" n/a Roll Seal 6" 100-42 Yes
PR-15 10" 10" 8" 4" CLA-Val n/a 90 Series Yes
PR-16 12" 12" 10" n/a CLA-Val n/a 100-42 No
PR-17 10" 10" 8" 4" CLA-Val 6" straight 90 Series Yes
PR-18 10" 10" 10" 2" Roll Seal 4" 100-42 Yes
PR-19 6" 6" 6" n/a Roll Seal n/a 100-42 No
PR-20 8" 8" 8" n/a Roll Seal 4" 100-42 No
PR-21 8" 8" 8" n/a Roll Seal n/a 100-42 No
PR-22 6" 8" 8" n/a CLA-Val n/a 90 Series No
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Reservoir Valve Information
Reservoirs Pipe Pipe Main Valve Type Model# Confined Controls Size In Size Out Space R-9 12" 12" 12" Altitude Valve 210 No Pilot (Out of service) R-10 12" 12" 12" Altitude Valve 210 No Pilot (Out of service) R-14 12" 12" 12" Altitude Valve 210 No Pilot
R-17 16" 16" 16" Altitude Valve 210 No Pilot
Pump Station Control Valve Information
Pipe Pipe Valve Confined Size Model# Liner Controls Size IN OUT Type Space Pump
Station 3
Train 1 8" 6" 6" check NIA No NIA NIA
Train 2 8" 6" 6" check NIA No NIA NIA
Train 3 8" 6" 6" check NIA No NIA NIA
Surge 4" 4" 4" PRV 50-01 No Cla-Val CRL
Pump
Station 4
Train 1 12" 10" 10" PCV 60-11 No Cla-Val CSM-11
Train 2 12" 10" 10" PCV 60-11 No Cla-Val CRD
Train 3 12" 10" 10" PCV 60-11 No Cla-Val CRD
Relief 10" 10" 10" PRV 100-42 No Roll-Seal CRL
Pump
Station 5
Train 1 8" 6" 6" PCV 60-11 No Cla-Val CSM-11
Train 2 8" 6" 6" PCV 60-11 No Cla-Val CSM-11
Train 3 8" 6" 6" PCV 60-11 No Cla-Val CSM-11
Train 4 8" 6" 6" PCV 60-11 No Cla-Val CSM-11
Train 5 8" 6" 6" PCV 60-11 No Cla-Val CSM-11
Surge 8" 8" 6" PCV Cla-Val CRL/CRDIPilot Antici ator
Pump
Station 6
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April 5, 2022, Item #4
Train 1 12" 12" 8" PCV 60-11 No Cla-Val CSM-11
Train 2 12" 12" 8" PCV 60-11 No Cla-Val CSM-11
Train 3 12" 12" 8" PCV 60-11 No Cla-Val CSM-11
Pump
Station 8
Surge
Pump
Station 9
Train 1 10" 6" 6" PCV 60-11 No Cla-Val CSM-11
Train 2 10" 6" 6" PCV 60-11 No Cla-Val CSM-11
Train 3 10" 6" 6" PCV 60-11 No Cla-Val CSM-11
Train 4 10" 6" 6" PCV 60-11 No Cla-Val CSM-11
Train 5 10" 6" 6" PCV 60-11 No Cla-Val CSM-11
Pump
Station
10 Train 1 12" 8" 6" PCV 60-11 No Cla-Val CSM-11
Train 2 12" 8" 6" PCV 60-11 No Cla-Val CSM-11
Train 3 12" 8" 6" PCV 60-11 No Cla-Val CSM-11
Train 5 12" 8" 6" PCV 60-11 No Cla-Val CSM-11
Pump
Station
11 Train 1
Train 2
Pump
Station
12 Train 1 12" 10" 6" PCV 60-11 No Cla-Val CSM-11
Train 2 12" 10" 6" PCV 60-11 No Cla-Val CSM-11
Train 3 12" 10" 6" PCV 60-11 No Cla-Val CSM-11
Pump
Station
13 Pressure
Relief 6" 6" 6" PRV 100-42 No Roll-Seal CRL
Train
Pressure
Reducing 6" 6" 6" PRV 100-42 No Roll-Seal CRD
Train
20 of 26
April 5, 2022, Item #4
Pump
Station
14 Train 1 8" 6" 4" PCV 60-11 No Cla-Val CSM-11
Train 2 8" 6" 4" PCV 60-11 No Cla-Val CSM-11
Drain 6" 6" 6"PRV 100-42 No Roll-Seal CRL back
Pump
Station
15 Train 1 8" 6" 4" PCV 60-11 No Cla-Val CSM-11
Train 2 8" 6" 4" PCV 60-11 No Cla-Val CSM-11
Drain 6" 6" 6" PRV 100-42 No Roll-Seal CRL back
PCV= Pump Control PRV= Pressure Relief CRD= Cla-Val CRL= Cla-Val Valve Valve pressure reduce pressure relief
21 of 26
April 5, 2022, Item #4
ATTACHMENT 2
FEE SCHEDULE
Represent all proposal amounts in written words and in figures. Include all overhead costs in price. Identify any minimum requirements (e.g., daily 6 hour minimum).
Contractor shall submit labor, material and equipment rates along with fee schedule.
The Contractor may propose additional related services that the City has not Specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. List any warranties offered by your company for labor, electronic parts, replacement parts, etc.
HOURLY SERVICE RATE (INCLUDE OVERHEAD)
SERVICE TYPE MON-FRI AFTER HOURS & WEEKENDS
REGULAR HOURLY RATE OVERTIME HOURLY RATE
$ ,,~. Oo f,,~VtA,·htJj. w~Je. $ ,;; '-17. ~o
Maintenance Rate:
a ne--h\.t.llJred s;xfJ_ .. r:-v~Dollars +wo-hY-.-,Jr~ -h".J..1-Se;'ttn Dollars One (1) Technician and One (1) Vehicle r>o/JCJD Cents 5'o/;oo -Cents
$ 3LO. 00 fnv"//1"n1 w"..,~ $ '-I'~ oo
Maintenance Rate:
-I-hr« -h~✓~ +~ f'o\,(r ... h'-'f~d s; )I~ --H'.lcGollars Two (2) Technicians Dollars and One (1) Vehicle f>o//C5b -n½ Cents _j_ VU-Cents
$ 3/~00 e._erd11'1._ $ NLA
Ty~ 11£-I '
I
+hr'e~ ,h ,-o·iJ,..-~J h'~r1 Dollars Dollars
I /e~hnic{~n fl½Vf> Cents Cents
J~v~I $3&/o.oo e_e.,r-J"'y $ NIA I
11)~4<-tJ'-'in.Jrr-Ld /1111 e.ft; Dollars Dollars
2. ~J,,iic,·~'1.5 riiJ{)\) Cents Cents
29 22 of 26
April 5, 2022, Item #4
;}.f
o/u
0 (+
$
~Fl
f_e,rCUJJ-
0 fP
$
A I I
~r½
I;~}-
fr'",
~ Ce..
Dollars
Dollars
Ljst
f.,,..-c..~
Cents
Cents
$
$
Dollars
Dollars
Cents
Cents
$
$
Dollars
Dollars
Cents
Cents
MILEAGE
RATE
Rate
Per
Mile:$
µIA-
-----------------
Total
Amount
in
Words:
N
/Ir
Dollars
---"-
,-
-----------------
and
N
/A-
Cents
---
-
-
....... ~
--------------------
PLEASE
NOTE
ANY
WARRANTIES
OFFERED
FOR
LABOR,
ELECTRONIC
PARTS,
REPLACEMENT
PARTS,
ETC.
/ :f.
¥-u.,,,-
w
• ,,.-y,,.
'1
fy
o
11 /4 6,w
f
e /u.-f
n
,' <-
f ~.
.J l-"-'
.. 4-s
W
i,.rf
,.~
o,.
e .J1."'J
4.}-h...,,
,-A-
.
Vv'o.,,...a..r111
Ci:!::J,;{;·ca.
-t-<-
.._ H-a.cbc.J
Signature
of
Proposer:
_
~~
Date:
3fi
boz--z..
Title
of
Proposer:
hi.,;
14'
J-Fi~
Id
Si--vi',1
tJ/l;;_e.
fYl..,,..1JIW'
23 of
26 April 5, 2022, Item #4
EXHIBIT "8"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e)
24 of 26
(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior April 5, 2022, Item #4
to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
25 of 26
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
April 5, 2022, Item #4
(3)
The
retiree
is
eligible
to
participate
in
the
Faculty
Early Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
(4)
The
retiree
is
a
public
safety
officer
or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter.
(g)
A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)
This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
of
the
Education
Code.
(i)
This
section
shall
not
apply
to
(1)
a
subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a
judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a
trial
court,
or
(2)
a
retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II who
is
assigned
to
serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§
15 (AB
340).
effective
January
1,
2013.
Amended
Stats
2013
ch
528
§
11 (SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 §
75 (AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§
1 (AB
2476),
effective
January
1,
2015. Annotations Notes 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(I)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(4);
and
(3)
"Judges'
Retirement
System" for "Judges'
Retirement
System
I"
in
subd
(i).
26 of
26 April 5, 2022, Item #5
(~ AGENDA nEponT • :-V K K City of Poway
------I~ CITY cou NCI L
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
April 5, 2022
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ~
Will Wiley, Assistant Director of Public Works for Maintenance Operations~ (858) 668-4705 or [email protected]
Award of Agreement to UniFirst Corporation for Uniform, Laundering and Related Services
The City of Poway (City) seeks to procure uniform, laundering and related services (e.g., mat and mop rental) from UniFirst Corporation (UniFirst). The City is a member of several cooperative purchasing organizations including Sourcewell, formerly known as National Joint Powers Alliance (NJPA), which establishes and provides nation-wide, competitively solicited purchasing contracts that can be utilized by member agencies, such as the City. For efficiency and optimal pricing, it is recommended that the City enter into an agreement with UniFirst through the procurement agreement available through Sourcewell. Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative purchasing agreements as an economical alternative to the bidding process. The term of the agreement is two (2) years, beginning April 5, 2022, through March 31, 2024.
Recommended Action:
It is recommended that the City Council award the agreement for uniform, laundering and related services to UniFirst Corporation through the Sourcewell cooperative purchasing program, and authorize the City Manager to execute any necessary documents.
Discussion:
In February 2017, the City entered into agreement with UniFirst for uniform, laundering and related services. This agreement covered uniform, laundering, and facility mat and mop services for the Public Works Department, as well as mat and towel services for the Fire Department. Staff has been satisfied with the services provided by UniFirst over the last four years; however, the agreement for these services expired on March 2, 2022. Sourcewell, formerly National Joint Powers Alliance (NJPA), works with public agencies and holds hundreds of competitively solicited service contracts for its members. As the City is a member of Sourcewell, UniFirst has offered to extend the existing Sourcewell service rates to the City for an additional two (2) years. 1 of 55
April 5, 2022, Item #5
The City's Municipal Code Section 3.28.110 authorizes the City to participate in cooperative purchasing agreements as an economical alternative to the bidding process. Sourcewell completed a competitive procurement in 2020 and awarded an agreement to UniFirst on June 18, 2020. The current agreement expires on May 22, 2024. The agreement includes uniform rental services, uniform laundering services, and facility supplies including floor mats, mops, and related items for Public Works, as well as mat and towel services for Safety Services.
Because of the reliable services UniFirst has provided to the City over the past agreement period, staff recommends entering into agreement with UniFirst for an additional two-year term to continue to receive these services at a competitive rate. The City's current terms and pricing will remain throughout the new agreement term. The estimated annual costs under this agreement will be approximately $37,050.00. The total final value of the agreement will be based on the actual number of uniforms, mats, mops, etc. ordered and serviced for the City each fiscal year. This annual amount is budgeted each year as part of the budgeting process.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the: Fire Suppression Division (501050-49280); Utility Systems Operations and Maintenance Division (401060-49280); Water Supply, Treatment and Storage (402060- 49280); Water Transmission and Distribution (402560-49280); Wastewater Collection (403570-49280); Reclaimed Water (405060-49280); Maintenance Operations (410060-49280); Street Maintenance (411040-49280); Stormwater and Flood Control (412040-49280); Vehicle and Equipment Maintenance (413010-49280); Park, Trail and Landscape Maintenance (414040-49280); Facility Maintenance (415010-49280 and 415010-41200); and Landscape Maintenance District Administration (420040- 49280) Fiscal Year 2021-22 budget for uniform, laundering and related services. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration.
Public Notification:
None.
Attachments:
A. Agreement with UniFirst Corporation
Reviewed/ Approved By:
Assistant City Manager
2 of 55
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
()Arfj, (J 2
c~~
City Manager
April 5, 2022, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of April, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and UniFirst Corporation, a Massachusetts Corporation (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of Contractor to perform Uniform Rental, Laundering, and Related Services ("Services") for the City; and WHEREAS, Contractor won a competitive bid for a contract providing uniform rental and laundering services to Soucewell, a cooperative purchasing program for government agencies, and;
WHEREAS, the Sourcewell request for proposal provides, at Part B of Section 1 "Use of Resulting Contracts", that Contractor may enter an agreement to supply the same type of services for government agencies through this Agreement if Contractor and any other government agencies agree to abide by all terms and conditions in the Sourcewell contract documents, and; WHEREAS, City and Contractor agree to abide by the terms and conditions in the contract documents for the Sourcewell contract, and; WHEREAS, Contractor is a(n) uniform and facility services Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES
HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "B" attached hereto and made a part hereof.
3 of 55 ATTACHMENT A
April 5, 2022, Item #5
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a 4 of 55
April 5, 2022, Item #5
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. 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 Section 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.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
5 of 55
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
April 5, 2022, Item #5
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
6 of 55
April 5, 2022, Item #5
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. 7 of 55
April 5, 2022, Item #5
(d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
8 of 55
April 5, 2022, Item #5
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
9 of 55
April 5, 2022, Item #5
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
10 of 55
April 5, 2022, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:---------
Chris Hazeltine, City Manager
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
UNIFIRST CORPORATION
By:-----------
Patricia Montanez, Branch Manager
Date: ------------
By:------------
Alan Fenstermacher, City Attorney
11 of 55
April 5, 2022, Item #5
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Contractor
agrees
to
perform
uniform
rental,
laundering,
and
related
services
as
required
by
City,
further
described
in
the
Agreement
which
is
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein.
Contractor
shall
provide
the
necessary
qualified
personnel
to
perform
the
services.
8. Compensation
and
Reimbursement.
City
shall pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
in
writing
on
April
9,
2020,
which
is
included
in
this
document
as
Attachment
2. Contractor's
fee
shall
include
and
Contractor
shall
be
responsible
for
the
payment
of
all
federal,
state,
and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received.
In
addition
to
said
consulting
fee,
Contractor
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto,
rail)
necessarily
incurred
in
performance
of
the
services.
Contractor
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.
All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00).
Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.
All
air
travel
shall
be
billed
at
coach
or
special
fare
rates.
Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.
Contractor
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses.
All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred.
C.
Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
April
5,
2022,
and
ending
April
4,
2024,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
This
Agreement
may
be
extended
for
up
to
one
(1)
additional
one-year
period
upon
approval
in
writing
of
the
City
Manager
and
Contractor.
Award
of
the
Contract
and
any
Contract
extensions
are
subject
to
City
Council
appropriation
of
funds.
Each
renewal
period
(fiscal)
after
the
first
two
years
of
the
agreement,
the
Contractor's
costs
shall
be
adjusted
based
on
the
annual
change
in
the
previous
calendar
year's
Consumer
Price
Index
for
the
San
Diego-Carlsbad
area
(All
Urban
Consumers
CPI
U)
or
5%,
whichever
is
less.
The
first
adjustment
would
occur
no
earlier
than
April
1,
2024.
Upon
expiration
or
termination
of
this
Agreement,
Contractor shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Contractor
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
12 of
55 April 5, 2022, Item #5
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
13 of 55
April 5, 2022, Item #5
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
14 of
55 To
City:
To
Contractor:
City
of
Poway
P.O.
Box
789
Poway,
CA
92074
UniFirst
Corporation
Loe.
361
3801
Ocean
Ranch
Blvd.
Ste.
105
Oceanside,
CA
92056
(Remainder
of
page
intentionally
left
blank)
April 5, 2022, Item #5
ATTACHMENT
1 RFP
#040920
REQUEST
FOR
PROPOSALS
for
Uniforms
with
Related
Products
and
Services
Proposal
Due
Date:
April
9,
2020,
4:30
p.m.,
Central
Time
Sourcewell,
a State
of
Minnesota
local
government
agency
and
service
cooperative,
is
requesting
proposals
for
Uniforms
with
Related
Products
and
Services
to
result
in
a contracting
solution
for
use
by
its
Participating
Entities.
Sourcewell
Participating
Entities
include
thousands
of
governmental,
higher
education,
K-12
education,
nonprofit,
tribal
government,
and
other
public
agencies
located
in
the
United
States
and
Canada.
A
full
copy
of
the Request
for
Proposals
can
be
found
on
the
Sourcewell
Procurement
Portal
[https://proportal.sourcewell-mn.gov
].
Only
proposals
submitted
through
the
Sourcewell
Procurement
Portal
will
be
considered.
Proposals
are
due
no
later
than
April
9,
2020,
at
4:30
p.m.
Central
Time,
and
late
proposals
will
not
be
considered. 15
of
55 Solicitation
Schedule
Public
Notice
of
RFP
Published:
Pre-proposal
Conference:
Question
Submission
Deadline:
Proposal
Due
Date:
Opening:
February
20,
2020
March
11,
2020,
10:00
a.m.,
Central
Time
April
1,
2020,
4:30
p.m.,
Central
Time
April
9,
2020,
4:30
p.m.,
Central
Time
Late
responses
will
not
be
considered.
April
9,
2020,
6:30
p.m.,
Central
Time**
**
SEE
RFP
SUB-SECTION
V.
G.
"OPENING"
April 5, 2022, Item #5
I. ABOUT SOURCEWELL PARTICIPATING ENTITIES
A. SOURCEWELL
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms with Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell's Participating Entities procure equipment, products, and services.
Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell's contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell's contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities;
16 of 55
April 5, 2022, Item #5
•
Crown
corporations,
government
enterprises,
and
other
entities
that
are
owned
or
controlled
by
these
entities
through
ownership
interest;
•
Members
of
the
Rural
Municipalities
of
Alberta
(RMA)
and
their
represented
Associations,
Saskatchewan
Association
of
Rural
Municipalities
(SARM),
Saskatchewan
Urban
Municipalities
Association
(SUMA),
Association
of
Manitoba
Municipalities
(AMM),
Local
Authority
Services
(LAS),
Municipalities
Newfoundland
and
Labrador
(MNL),
Nova
Scotia
Federation
of
Municipalities
(NSFM),
and
Federation
of
Prince
Edward
Island
Municipalities
(FPEIM).
For
a
listing
of
current
United
States
and
Canadian
Participating
Entities
visit
Sourcewell's
website (note:
there
is
a tab
for
each
country's
listing):
https://www.sourcewell
mn.gov/sourcewell-for-vendors/member-locator
.
Access
to
contracted
equipment,
products,
or
services
by
Participating
Entities
is
typically
through
a
purchase
order
issued
directly
to
the
applicable
vendor.
A
Participating
Entity
may
request
additional terms
or
conditions
related
to
a
purchase.
Use
of
Sourcewell
contracts
is
voluntary
and
Participating
Entities
retain
the
right
to
obtain
similar
equipment,
products,
or
services
from
other
sources.
To
meet
Participating
Entities'
needs,
public
notice
of
this
RFP
has
been
broadly
published,
including
notification
in
the
United
States
to
each
state-level
procurement
department
for
possible
re-posting.
Proof
of
publication
will
be
available
at
the
conclusion
of
the
solicitation
process.
II.
EQUIPMENT,
PRODUCTS,
AND
SERVICES
A.
SOLUTIONS-BASED
SOLICITATION
This
RFP
and
contract
award
process
is
a
solutions-based
solicitation;
meaning
that
Sourcewell
is
seeking
equipment,
products,
or
services
that
meet
the
general
requirements
of
the
scope
of
this
RFP
and
that
are
commonly
desired
or
are
required
by
law
or
industry
standards.
B.
REQUESTED
EQUIPMENT,
PRODUCTS,
OR
SERVICES
It
is
expected
that
Proposers
will
offer
a
wide
array
of
equipment,
products,
or
services
at
lower
prices
and
with
better
value
than
what
they
would
ordinarily
offer
to
a
single
government
entity,
a
school
district,
or
a
regional
cooperative.
1. Sourcewell
is
seeking
proposals
for
Uniforms
with
Related
Products
and
Services,
including,
but
not
to
be
limited
to:
17 of
55 April 5, 2022, Item #5
a.
Uniform
apparel,
uniform
accessories,
and
footwear
for
the
following
uses
and
applications: i.
Transportation,
automotive,
fleet,
public works
and
utilities,
manufacturing,
and
warehouse
personnel;
ii.
Parks
&
Recreation,
facilities
or
grounds
maintenance
and
custodial,
administrative,
and
mailroom
personnel;
iii.
Healthcare
and
food
service
personnel;
iv.
Public
safety
personnel
(fire,
law
enforcement,
EMS,
tactical,
corrections,
and
security);
v.
Athletic
and
physical
education
competition
and
participation;
and,
vi.
Educational,
academic
and
performing
arts
participation
and
events.
b.
Rental
and
leasing
services
incidental
to
the
offering
of
the
uniform
apparel,
uniform
accessories,
and
footwear
described
in
a.
above;
c.
Customization,
personalization,
alteration,
fitting,
and
sizing
services
incidental
to
the
offering
of
the
uniform
apparel,
uniform
accessories,
and
footwear
described
in
a.
above;
d.
Laundry,
cleaning,
mending,
and
repair
services
incidental
to
the
offering
of
the
uniform
apparel,
uniform
accessories,
and
footwear
described
in
a.
above;
and,
e.
Proposers
may
also
include
an
incidental
offering
of
facility
supplies
and
related
services
(floor
mats,
mops,
cleaning
supplies,
and
related
items)
complementary
to
the
offering
of
the
uniform
apparel,
uniform
accessories,
and
footwear
described
in
a.
above.
The
primary
focus
of
this
solicitation
is
on
Uniforms
with
Related
Products
and
Services.
2. This
solicitation
does
not
include
the
equipment,
products,
or
services
covered
under
categories
included
in
contracts
currently
maintained
by
Sourcewell:
a.
Firefighting
Personal
Protective
Equipment,
Apparel,
and
Accessories,
with
Related
Cleaning
and
Maintenance
Equipment
(RFP
#032620)
Proposers
may
include
related
equipment,
accessories,
and
services
to
the
extent
that
these
solutions
are
complementary
to
the
equipment,
products,
or
service(s)
being
proposed.
A
Proposer
may
elect
to
offer
a
materials-only
solution,
a turn-key
solution,
or
an
alternative
solution.
Generally,
a turn-key
solution
is
most
desirable
to
Sourcewell
and
its
Participating
Entities,
however,
it
is
not
mandatory
or
required.
Generally,
the
solutions
for
Participating
Entities
are
turn-key
solutions,
providing
a
combination
of
equipment,
products
and
services,
delivery,
and
installation
to
a
properly
operating
status.
However,
equipment
or
products
only
solutions
may
be
appropriate
for
18 of
55 April 5, 2022, Item #5
situations where Participating Entities possess the ability, either in-house or through local third party contractors, to properly install and bring to operation the equipment or products being proposed.
Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $50 Million; therefore, proposers 19 of 55
April 5, 2022, Item #5
are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.
F. MARKETING PLAN
Proposer's sales force will be the primary source of communication with Participating Entities.
The Proposer's Marketing Plan should demonstrate Proposer's ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer's sales and service capabilities. It is expected that Proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.
2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer's information and may request clarification from a Proposer, including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.
4. A Proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.
Ill. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor's published "List Price," as well as the "Contract Price." b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this 20 of 55
April 5, 2022, Item #5
pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.
2. The Proposer's ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price;
3. The Proposer's pricing must be stated in U.S. and Canadian dollars (as applicable); and
4. All proposed pricing must be clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity's location).
Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal.
B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation.
To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer's Proposal. Exceptions must:
1. Clearly identify the affected article and section, and
2. Clearly note what language is requested to be modified.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature.
21 of 55
April 5, 2022, Item #5
If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell's sole discretion, the contract award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell's competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.
All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time.
If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer's proposal status to INCOMPLETE. The Proposer can view this status change in the "MY BIDS" section of the 22 of 55
April 5, 2022, Item #5
Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer's Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal · no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the Proposer's sole responsibility to ensure that the proposal is received on time.
It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues.
Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell's support provider at [email protected].
To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.
Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
23 of 55
April 5, 2022, Item #5
• In substantial compliance with the requirements of this RFP or it will be considered non responsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the Proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a Proposer may withdraw its proposal.
G. OPENING
The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.
To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to "All" or "Closed." The solicitation status will automatically change to "Closed" after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities' use.
o A Proposer's sales and service network to assure availability of product supply and coverage to meet Participating Entities' anticipated needs. • Total evaluation scores.
• The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible 24 of 55
April 5, 2022, Item #5
when responding to the RFP. Do not assume Sourcewell's knowledge about a specific vendor or product.
B. AWARD(S)
Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements
Financial Viability and Marketplace Success
Ability to Sell and Deliver Service
Marketing Plan
Value Added Attributes
Warranty
Depth and Breadth of Offered Equipment, Products, or Services Pricing
TOTAL POINTS
C. PROTESTS OF AWARDS
so
75 100
50 75
50 200
400
1000
Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days' following Sourcewell's notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.
A protest must include the following items:
• The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the issues to be resolved;
• Identification of the legal or factual basis;
• Any additional supporting documentation; and
• Protest bond in the amount of $20,000, except where prohibited by law or treaty.
Protests that do not address these elements will not be reviewed. 25 of 55
April 5, 2022, Item #5
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected.
Sourcewell reserves the right to:
•
•
•
•
•
•
•
Modify or cancel this RFP at any time;
Reject any and all proposals received;
Reject proposals that do not comply with the provisions of this RFP; Select, for contracts or for discussion, a proposal other than that with the lowest cost; Independently verify any information provided in a Proposal; Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity's state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more Proposers if it is in the best interest of Participating Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer's responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law.
Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition.
The Proposer understands that Sourcewell will reject proposals that are marked confidential nonpublic, either substantially or in their entirety.
26 of 55
April 5, 2022, Item #5
Sourcewell
2/20/2020
Addendum No. 1
Solicitation Number: RFP 040920
Solicitation Name: Uniforms with Related Products and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is it possible to download the questionnaire tables from the Portal? Answer 1:
After selecting "Start Submission", a proposer may navigate to Step 4 -"Preview Bid" and select "Preview My Bid in PDF" if a downloadable PDF of the questionnaire tables is desired.
End of Addendum
Acknowledgement of this Addendum to RFP 040920 posted to the Sourcewell Procurement Portal on 2/20/2020, is required at the time of proposal submittal. 27 of 55
April 5, 2022, Item #5
Sourcewel
2/21/2020
Addendum No. 2
Solicitation Number: RFP 040920
Solicitation Name: Uniforms with Related Products and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Are vendors allowed to bid for only purchase of items, rather than rental and purchase? Or is supplying rental items required?
Answer 1:
Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell's requested equipment, products, and services as described in RFP Section II. B (Requested Equipment, Products and Services). Sourcewell is seeking" ... the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross section of Sourcewell current and future Participating Entities." A proposer is not required to offer all possible items within the scope of the solicitation to be considered for award. However, proposals are evaluated based on the criteria as stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 040920 posted to the Sourcewell Procurement Portal on 2/21/2020, is required at the time of proposal submittal. 28 of 55
April 5, 2022, Item #5
Sourcewell
2/27/2020
Addendum No. 3
Solicitation Number: RFP 040920
Solicitation Name: Uniforms with Related Products and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is there a list of items and brands that are requested? It is needed to give an accurate cost of these items.
Answer 1:
Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the scope of the RFP. Section II. B. of the RFP addresses the requested equipment, products or services for this solicitation.
End of Addendum
Acknowledgement of this Addendum to RFP 040920 posted to the Sourcewell Procurement Portal on 2/27/2020, is required at the time of proposal submittal. 29 of 55
April 5, 2022, Item #5
Sourcewell
3/3/2020
Addendum No. 4
Solicitation Number: RFP 040920
Solicitation Name: Uniforms with Related Products and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Are we required to provide a specific list of our dealer network with our response? Or can this list be generated as participating entities determine how they would like to be serviced (i.e. local brick & mortar, industrial laundry, e-commerce, etc.)? Answer 1:
It is left to the discretion of the proposer to determine the information necessary to best describe the network of dealers, resellers, and/or subcontractors that will be available to service Sourcewell Participating Entities as described in RFP Section II., B.
Proposals will be evaluated based on the criteria stated in the RFP.
Refer also to Sourcewell Contract Template Section 2., C. -Dealers, Distributors, and/or Resellers. A request for modification to the Sourcewell contract template may only be submitted with a proposal. To request a modification to the template Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, which is found as the final Table of Step 1 in the proposal submission process.
Question 2:
Can our dealer network pay the administrative fees and provide the quarterly sales reporting directly to Sourcewell or is the payment and reporting required to come from the contract holder?
30 of 55
April 5, 2022, Item #5
Answer 2:
Refer to Sourcewell Contract Template Section 8. -Report on Contracts Sales Activity and Administrative Fee Payment. A single sales report and administrative fee remittance is contemplated for each calendar quarter during the term of an awarded contract.
End of Addendum
Acknowledgement of this Addendum to RFP 040920 posted to the Sourcewell Procurement Portal on 3/3/2020, is required at the time of proposal submittal. 31 of 55
April 5, 2022, Item #5
Sourcewell
3/19/2020
Addendum No. 5
Solicitation Number: RFP 040920
Solicitation Name: Uniforms with Related Products and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Due to issues related to Covid-19, will the deadline of the RFP submissions be extended? Answer 1:
Sourcewell is monitoring the circumstances presented by the COVID-19 pandemic.
Based on the remaining time allowed, and the availability of the Sourcewell Procurement Portal for 24/7 remote access with the ability of multiple account contacts to collaborate, an extension to the due date is not anticipated at this time.
End of Addendum
Acknowledgement of this Addendum to RFP 040920 posted to the Sourcewell Procurement Portal on 3/19/2020, is required at the time of proposal submittal. 32 of 55
April 5, 2022, Item #5
Source
well
4/2/2020 Addendum
No
. 6
Solicitation
Number:
RFP
040920
Solicitation
Name:
Uniforms
with Related
Products
and
Services
Consider
the
following Questions
and
Answers
to
be
part
of
the
above-titled
solicitation
documents.
The
remainder
of
the
documents
remain
unchanged.
Question
1:
Are
contract
holders
permitted
to
decline
sales
orders
from
participating
entities?
If
so,
what
are
the
limitations,
if
any,
for
a
contract
holder
declining
sales
to
a
participating
entity? Answer
1:
Refer
to
the
Sourcewell
template
Contract,
Section
5. A.
-
Participation,
relating
to
an
awarded
vendor's
obligation
to
make
the
contract
available
to
Participating
Entities.
To
request
a
modification
to
the
template
Contract
terms,
conditions,
or
specifications,
a
Proposer
may
complete
and
submit
the
Exceptions
to
Terms,
Conditions,
or
Specifications
Form,
which
is
found
as
the
final
Table
of
Step
1-
Specifications
in
the
proposal
submission
process.
In
addition,
each
proposer
is
expected
to
complete
the
table
in
Step
1 of
the
submission
process,
entitled
"Ability
to
Sell
and
Deliver
Service",
describing
their
capability
to
serve
Sourcewell
participating
entities,
and
describing
any
geographic
area
or
participating
entity
sector
that
will
not
be
fully
served
through
the
proposed
contract.
Proposals
are
evaluated
based
on
the
criteria
stated
in
the
RFP.
Question
2:
Will
Sourcewell
allow
any
deviations
from
the
minimum
insurance
requirements
outlined
in
section
20 of
the
contract?
Answer
2:
To
request
a
modification
to
the
template
Contract
terms,
conditions,
or
specifications,
33 of
55 April 5, 2022, Item #5
a Proposer may complete and submit the Exceptions to Terms, Conditions, or Specifications Form, which is found as the final Table of Step 1-Specifications in the proposal submission process. The contract template will be completed and sent to each awarded vendor, with inclusion of any exceptions stated in the proposer's Exceptions to Terms, Conditions, or Specifications Form that are acceptable to Sourcewell, at the time of award notification.
Question 3:
Can a contract holder and participating entity negotiate volume pricing lower than contracted pricing that is not advertised or made available to other participating entities? If so, does the exclusive, negotiated pricing between the two parties have to be approved and documented with Sourcewell?
Answer 3:
Refer to RFP Section Ill. A. 2. "All proposed pricing must be ... [t]he Proposer's ceiling price ... [which] means ... the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for vendors to sell at a price that is lower than the contracted price."
Question 4:
Does the contract allow contract holders to update pricing annually to account for increasing labor and materials costs? How much notice must be given prior to implementing price changes?
Answer 4:
Refer to the Sourcewell template Contract, Section 4 -Product and Pricing Change Requests, for the process used to request a pricing modification during the term of an awarded contract.
Question 5:
Are the responses to all of the questions in the RFP considered public? Answer 5:
Sourcewell is subject to the Minnesota Government Data Practices Act. Reference Section VI. E. of the Sourcewell RFP.
34 of 55
April 5, 2022, Item #5
Question 6:
In the pricing strategy section are there any specific product or service line items that are required for response.
Answer 6:
It is left to the discretion of each proposer to determine and propose the pricing approach that aligns with their business methods and satisfies all the requirements of RFP Article Ill -Pricing. Proposals are evaluated based on the criteria stated in the RFP.
Question 7:
Our company has multiple product lines in addition to garment and facilities services rental. Can we submit our total enterprise offering for consideration to Sourcewell participating public agencies.
Answer 7:
Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the scope of the RFP. Section II. B. of the RFP addresses the requested equipment, products or services for this solicitation.
Question 8:
How will new product or service lines be added to the contract? Answer 8:
Refer to the Sourcewell template Contract, Section 4 -Product and Pricing Change Requests, for the process used to request changes, additions, or deletions to product or service lines during the term of an awarded contract.
End of Addendum
Acknowledgement of this Addendum to RFP 040920 posted to the Sourcewell Procurement Portal on 4/2/2020, is required at the time of proposal submittal. 35 of 55
April 5, 2022, Item #5
Sourcewell
4/3/2020
Addendum No. 7
Solicitation Number: RFP 040920
Solicitation Name: Uniforms with Related Products and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Due to the current worldwide health pandemic will there be an extension to the bid deadline?
Answer 1:
Sourcewell is monitoring the circumstances presented by the COVID-19 pandemic.
Based on the remaining time allowed, and the availability of the Sourcewell Procurement Portal for 24/7 remote access with the ability of multiple account contacts to collaborate, an extension to the due date is not anticipated at this time.
End of Addendum
Acknowledgement of this Addendum to RFP 040920 posted to the Sourcewell Procurement Portal on 4/3/2020, is required at the time of proposal submittal. 36 of 55
April 5, 2022, Item #5
w .....
0 ....
u,
u,
DISPOSABLES
Line US Contract Item - Description
1 PAPER
2 Jumbo Sanitary Tissue Roll (1,600 ft per roll, 2 ply) 3 Jumbo Sanitary Tissue Dispenser
4 Mini-Twin Sanitary Tissue Roll (751 ft per roll, 2 ply) 5 Mini-Twin Dispenser
6 Over/Under Sanitary Tissue, Roll (312 ft per roll, 2 ply) 7 Over/Under Dispenser
8 Toilet Seat Covers Pack of 250
9 Toilet Seat Cover Dispenser
10 Center Pull Hand Towel 2 PLY - (600 ft/580 shts per roll) 11 Center Pull Hand Towel Dispenser
12 Paper - Cont. Roll Towel 10"x130'
13 Continuous Roll Towel Cabinet
14 Hard Wound roll Towel, White (700 ft/884 towels per roll) 15 Hard Wound roll Towel, Brown (700 ft/884 towels per roll) 16 Touchless Electric Dispenser for Hard Wound Roll Towel 17 Touchless Mechanical Dispenser For Hard Wound Roll Towel 18 Tri-Fold Hand Towel 2 PLY - Pack
19 Tri-Fold Dispenser
20 House Hold Paper Towel Roll
21 Wipers-Uni-Wipe 450/Case 12x14
22 Wipers-Uni-Wipe Scrim 1000/Case 12x15
23 Wipers-Uni-Wipe Air Lay 1000/Case 12x13
24 RESTROOM PRODUCT
25 Auto Flush Urinal/Toilet Clamp System/Service.
26 Mat Disposable Toilet
27 Mat Disposable Urinal
28 Autojanitor Drip Refill Country Delight
29 Autojanitor Drip Tube Kit (to add 2nd toilet)
30 Autojanitor Drip Dispenser
31 Clean Seat Refill
32 Clean Seat Dispenser
33 SOAPS
Copy of UniFirst - SourceWell Pricing
ATTACHMENT 2
Item# Price Per
Loss/Damage Unit
6225 $6.55 NA
6251 $0.00 $22.27
6221 $3.45 NA
6210 $0.00 $38.28
6238 $1.95 NA
6237 $0.00 $20.98
99TO $3.35 NA
99F2 $0.00 $31.22
6249 $7.60 NA
6268 $0.00 $45.77
6215 $4.95 NA
9993 $0.00 $219.84
6230 $10.45 NA
6232 $8.55 NA
6229 $0.50 $76.01
6231 $0.25 $64.92
6226 $1.90 NA
6257 $0.00 $43.94
6243 $2.95 NA
8054 $48.35 NA
8055 $53.35 NA
8057 $53.35 NA
99GY $2.50 $204.00
99FF $6.20 NA
6299 $9.70 NA
99G6 $8.35 NA
99Zl $0.00 $9.96
99G3 $0.00 $44.04
99GX $9.75 NA
99GW $0.00 $11.88
Disposable Rates 1 of 16
April 5, 2022, Item #5
w
00 0
"""' u,
u,
DISPOSABLES
34 Heavy Duty 2000 ML
35 2000 ml Multi Green w/Particles
36 2000 ml Supra Max (waterless)
37 2000 ml Supro Max Cherry
38 2000 ml Dispensing System
39 Hand Cleaners General Purpose
40 800 ml Pink-n-Clean Skin Cleanser
41 1250 ml Luxury Foam Wash
42 800 ml Dispensing System
43 1250 ml Dispensing System Foam Soap
44 Anti-Bacterial Cleaners
45 800 ml Micrell Anti-Bacterial Soap-amber
46 1200 ml Touch Free Antibacterial Foam
47 1250 ml Luxury Foam Wash Anti-Bacterial
48 2000 ml Antibacterial Lotion Soap
49 800 ml Micrell Dispensing System
so 1200 ml Touch Free Foam Dispenser
51 1250 ml Dispensing System Foam Soap
52 2000 ml Dispensing System (for 1982)
53 1000 ml UniFirst Foam Soap
54 Purell Waterless Hand Sanitizers & Wipes
55 Purell Sanitizing Hand Wipes - 1200 Count Canister.
56 Purell Sanitizing Hand Wipes Stand - 270 Count Canister. 57 Purell Sanitizing Hand Wipes 1200 Count Canister Dispenser. 58 Purell Waterless Hand Sanitizers
59 800 ml Purell Refill
60 1200 ml Purell Foam Instant Hand Sanitizer - Touch Free 61 1200 ml Purell Gel Instant Hand Sanitizer - Touch Free 62 800 ml Purell Dispensing System
63 1200 ml Purell Foam or Gel Touch Free Dispenser
64 Purell Foam or Gel Touch Free Dispenser Floor Stand
65 1000 ml UniFirst Gel Sanitizer
66 1000 ml UniFirst Manual Dispenser
67 Healthcare Products
68 2000 ml Proven Foaming Antimicrobial Soap w/Moisturizers Copy of UniFirst - SourceWell Pricing
1926 $16.05 NA
1939 $16.80 NA
1968 $16.80 NA
1921 $0.00 $16.80
1914 $3.10 NA
1980 $16.65 NA
1908/1909 $0.00 $15.60
1943 $0.00 $18.00
1918 $4.95 NA
8807 $26.10 NA
1981 $18.30 NA
1982 $16.90 NA
1917 $0.00 $15.60
8806 $0.00 $43.20
1943 $0.00 $18.00
1983 $0.00 $23.52
88UH $10.65 NA
8830 $54.00 NA
8808 $0;00 $228.00
8818 $0.00 $50.93
1920 $6.55 NA
1976 $39.10 NA
19AT $18.85 NA
1919 $0.00 $15.60
1975 $0.00 $43.20
8817 $0.00 $144.00
88UC $15.20 NA
88UD $0.00 $21.63
1967 $30.35 NA
Disposable Rates 2 of 16
April 5, 2022, Item #5
w
\0
0 ....
u,
u, DISPOSABLES
69 2000 ml Provon Dispensing System Foam Soap 1966
70 E2 Rated Food Industry Hand Soaps
71 1250 ml E2 Foam Soap Sanitizing 1945
72 2000 ml E2 Foam Soap Sanitizing 1944
73 1250 ml Dispensing System Foam Soap 1943
74 2000 ml Dispensing System Foam Soap 191A
75 Shower Soaps
76 1250 ml Luxury Foam Hair and Body Wash 1964
77 1250 ml Dispensing System Foam Soap 1943
78 Skin Conditioners
79 500 ml Hand Medic Refill 1987
80 500 ml Hand Medic Dispensing System 1986
81 GREEN Cert. Soaps
82 800 ml GREEN Cert. Liquid Hand Soap 8811
83 1250 ml GREEN Cert. Foam Soap 8810
84 800 ml Dispensing System 1908/1909
85 1250 ml Dispensing System Foam Soap 1943
86 TRASH CAN LINERS
87 Trash Can Liner 33 Gal Low Density 33X39 (250/CS) Clear 8929 88 Trash Can Liner 56 Gal Low Density 43X47 (100/CS) Black 8933 89 Trash Can Liner 60 Gal Low Density 38X58 (100/CS) Black 8934 90 AIR FRESHENERS
91 T Cell Dispenser (areas up to 6,000 cubic ft 3-4 stalls) 8793 92 T Cell Fan Dispenser (areas up to 6,000 cubic ft 3-4 stalls) 8303 93 Fragrance T Cell Citrus {E8W Fill/ Bill) 8794
94 Fragrance T Cell Crystal Breeze {E8W Fill/ Bill) 8795 95 Fragrance T Cell Blue Splash {E8W Fill/ Bill or Weekly Bill*) 8796 96 Fragrance T Cell Polar Mist {E8W Fill/ Bill) 8797
97 Fragrance T Cell Wakening Spring {E8W Fill/ Bill) 8798 98 Fragrance T Cell Mango Blossom {E8W Fill/ Bill) 8799 99 Fragrance T Cell Cucumber Melon {E8W Fill/ Bill) 8800 100 Fragrance T Cell Pure {E8W Fill / Bill) 8815
101 Microburst 9000 Aerosol Dispenser (areas up to 6,000 cubic ft 3-4 stalls) 8787 102 Fragrance Aerosol MB 9000 Linen Fresh (E12W Fill/ Bill) 8788 103 Fragrance Aerosol MB 9000 Ocean Breeze (E12W Fill/ Bill) 8789 Copy of UniFirst - SourceWell Pricing Disposable Rates
$0.00 $75.60
$28.30 NA
$39.55 NA
$0.00 $18.00
$0.00 $31.78
$18.10 NA
$0.00 $18.00
$10.30 NA
$0.00 $27.50
$7.80 NA
$18.60 NA
$0.00 $15.60
$0.00 $18.00
$40.90 NA
$36.60 NA
$39.05 NA
$0.00 $7.49
$0.00 $22.32
$13.60 NA
$13.60 NA
$13.60 NA
$13.60 NA
$13.60 NA
$13.60 NA
$13.60 NA
$13.60 NA
$0.00 $21.48
$17.40 NA
$17.40 NA
3 of 16
April 5, 2022, Item #5
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DISPOSABLES
104 Fragrance Aerosol MB 9000 Mountain Peaks (E12W Fill/ Bill) 105 Fragrance Aerosol MB 9000 Orchard Fields (E12W Fill/ Bill) 106 Fragrance Aerosol MB 9000 Country Delight (E12W Fill/ Bill) 107 Fragrance Aerosol MB 9000 Cinnamon (E12W Fill/ Bill) 108 Fragrance Aerosol MB 9000 Mango (E12W Fill/ Bill)
109 Fragrance Aerosol MB 9000 Orange (E12W Fill/ Bill)
110 Fragrance Aerosol MB 9000 Vanilla (E12W Fill/ Bill) DISPOSABLES 4-1-21 Adds
Copy of UniFirst - SourceWell Pricing
8790 $17.40 NA
8791 $17.40 NA
8792 $17.40 NA
8801 $17.40 NA
8802 $17.40 NA
8804 $17.40 NA
8805 $17.40 NA
Disposable Rates 4 of 16
April 5, 2022, Item #5
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FACILITIES SERVICE PRICING
Line US Contract Item - Description
1 MATS
2 Great Impression 2.0 Dust Mat 3x5
3 Great Impression 2.0 Dust Mat 4x6
4 Great Impression 2.0 Dust Mat 3x10
5 Great Impression 2.0 Dust Mat 4x8
6 Great Impression 2.0 HD 90ml Dust Control Mat 3x5
7 Great Impression 2.0 HD 90ml Dust Control Mat 4x6
8 Great Impression 2.0 HD 90 ml Dust Control Mat 3x10
9 Great Impression 2.0 HD 90 ml Dust Control Mat 4x8
10 Classic Impression Mats 3x5
11 Classic Impression Mats 4x6
12 Comfort First Mat 2x3
13 Comfort First Mat 3x5
14 Comfort First Mat 4x6
15 Comfort First Mat 3x10
16 Comfort Plus, Antimicrobial, Flow-Thru Wet Mat 2x3
17 Comfort Plus, Antimicrobial, Flow-Thru Wet Mat 3x5
18 Comfort Plus, Antimicrobial, Flow-Thru Wet Mat 3x9
19 Scraper Mat 2x3
20 Scraper Mat 3x5
21 Scraper Mat 4x6
22 Scraper Mat 3x10
23 Custom Logo Mat 3x5 ***Non-Standard Merchandise.
*Logo Mat designs are a local site decision.
24 Custom Logo Mat 4x6 ***Non -Standard Merchandise.
*Logo Mat designs are a local site decision.
25 Custom Logo Mat 3x10 ***Non-Standard Merchandise .
*Logo Mat designs are a local site decision.
26 Custom Logo Mat 4x8 ***Non-Standard Merchandise.
*Logo Mat designs are a local site decision.
27 Quality Mat 3x5 - 3 Images
28 Safety Mat 3x5 English - 6 Images
29 Welcome Message Mat 3x5
Copy of UniFirst - SourceWell Pricing
UniFirst Item Min Loss/ ARC% EW EOW E4W Bill% Damage
76GA 50% NA $1.20 $1.80 $2.10 $68.78
76GB 50% NA $1.92 $2.88 $3.36 $105.41
76GC 50% NA $2.40 $3.60 $4.20 $139.20
76GD 50% NA $2.56 $3.84 $4.48 $142.70
76GF 50% NA $1.35 $2.03 $2.36 $81.65
76GG 50% NA $2.16 $3.24 $3.78 $125.57
76GH 50% NA $2.70 $4.05 $4.73 $166.78
76GI 50% NA $2.88 $4.32 $5.04 $170.71
7801 50% NA $1.50 $2.25 $2.63 $92.71
7802 50% NA $2.40 $3.60 $4.20 $148.56
7752 50% NA $0.48 $0.72 $0.84 $95.26
7751 50% NA $1.20 $1.80 $2.10 $155.95
7753 50% NA $1.92 $2.88 $3.36 $238.44
7754 50% NA $2.40 $3.60 $4.20 $291.26
76AF 50% NA $0.48 $0.72 $0.84 $53.16
76AT 50% NA $1.20 $1.80 $2.10 $122.06
76AH 50% NA $2.16 $3.24 $3.78 $233.52
5390 50% NA $0.48 $0.72 $0.84 $59.33
5388 50% NA $1.20 $1.80 $2.10 $103.22
5389 50% NA $1.92 $2.88 $3.36 $165.46
5391 50% NA $2.40 $3.60 $4.20 $160.49
UL03/UL46 50% NA $1.95 $2.93 $3.41 $136.30
UL16/UL59 50% NA $3.12 $4.68 $5.46 $199.51
UL07/UL50 50% NA $3.90 $5.85 $6.83 $254.35
UL18/UL61 50% NA $4.16 $6.24 $7.28 $293.06
UMll 50% NA $1.35 $2.03 $2.36 $92.71
UM28 50% NA $1.35 $2.03 $2.36 $92.71
UM32 50% NA $1.35 $2.03 $2.36 $92.71
FS Rates 5 of 16
April 5, 2022, Item #5
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Line US Contract Item - Description
30 Welcome Message Mat 4x6
31 Coffee Message Mat 3x5 - 2 Images
32 Deli Message Mat 3x10
33 Seafood Message Mat 3x10
34 Dairy Message Mat 3x10
35 Produce Message Mat 3x10
36 Pharmacy Message Mat 3x10
37 Meats Message Mat 3x10
38 Floral Message Mat 3x10
39 Bakery Message Mat 3x10
40 MOPS
41 Wet Mop Large 24 oz.
42 Wet Mop Small 12 oz.
43 Wet Mop X-Large 28 oz.
44 Wet Mop Handle
45 Dust Mop 18"
46 Dust Mop 24"
47 Dust Mop 36"
48 Dust Mop 48"
49 Dust Mop 60"
so Dust Mop Frame 12"
51 Dust Mop Frame 18"
52 Dust Mop Frame 20"
53 Dust Mop Frame 24"
54 Dust Mop Frame 30"
55 Dust Mop Frame 36"
56 Dust Mop Frame 42"
57 Dust Mop Frame 48"
58 Dust Mop Frame 60"
59 Dust Mop Handle 11/8" x 60"
60 MICRO FIBER
61 Micro Fiber Canvas Back Dust Mop 18
11 62 Micro Fiber Canvas Back Dust Mop 24"
Copy of UniFirst - SourceWell Pricing
UniFirst Item Min
Bill%
UM33 50%
7827 50%
UMOl 50%
UM02 50%
UM03 50%
UM04 50%
UM05 50%
UM06 50%
UM07 50%
UM08 50%
8116 50%
8117 50%
8118 50%
8165 100%
8318 50%
8324 50%
8336 50%
8348 50%
8360 50%
8135 100%
8134 100%
8136 100%
8132 100%
813B 100%
8133 100%
8137 100%
8138 100%
8139 100%
8131 100%
8432 50%
8433 50%
FS Rates
ARC% EW EOW E4W Loss/
Damage
NA $2.16 $3.24 $3.78 $148.56
NA $1.35 $2.03 $2.36 $92.71
NA $3.30 $4.95 $5.78 $212.16
NA $3.30 $4.95 $5.78 $212.16
NA $3.30 $4.95 $5.78 $212.16
NA $3.30 $4.95 $5.78 $212.16
NA $3.30 $4.95 $5.78 $212.16
NA $3.30 $4.95 $5.78 $212.16
NA $3.30 $4.95 $5.78 $212.16
NA $3.30 $4.95 $5.78 $212.16
NA $0.48 $0.72 $0.89 $11.59
NA $0.24 $0.36 $0.44 $8.35
NA $0.56 $0.84 $1.04 $13.08
NA $0.00 $0.00 $0.00 $13.56
NA $0.27 $0.41 $0.50 $12.14
NA $0.36 $0.54 $0.67 $13.58
NA $0.54 $0.81 $1.00 $17.42
NA $0.72 $1.08 $1.33 $20.90
NA $0.90 $1.35 $1.67 $24.26
NA $0.00 $0.00 $0.00 $9.36
NA $0.00 $0.00 $0.00 $9.74
NA $0.00 $0.00 $0.00 $9.84
NA $0.00 $0.00 $0.00 $11.54
NA $0.00 $0.00 $0.00 $14.76
NA $0.00 $0.00 $0.00 $14.90
NA $0.00 $0.00 $0.00 $16.85
NA $0.00 $0.00 $0.00 $17.02
NA $0.00 $0.00 $0.00 $24.41
NA $0.00 $0.00 $0.00 $15.12
0.50% $0.60 $0.75 - $5.40
0.50% $0.75 $0.94 - $6.55
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Line US Contract Item - Description
63 Micro Fiber Canvas Back Dust Mop 36
11 64 Micro Fiber Canvas Back Dust Mop 48
11 65 Micro Fiber Canvas Back Dust Mop 60
11 66 Micro Fiber Dust Mop 18
11 67 Micro Fiber Dust Mop 24
11 68 Micro Fiber Dust Mop 36
11 69 Micro Fiber Dust Mop Base 24
11 70 Micro Fiber Dust Mop Base 36
11 71 Micro Fiber Dust/Wet Mop Handle
72 Micro Fiber Dust/Wet Mop Base 18"
73 Micro Fiber Wet Mop 18" Scrubber Pad
74 Micro Fiber Mitt
75 Micro Fiber High Duster Cover
76 High Duster Frame
77 Micro Fiber Glass Towel 16x16
78 Micro Fiber Multipurpose Towel 12x12
79 Micro Fiber Multipurpose Towel 16x16
80 WIPERS - TOWELS
81 18 X 18 Red Wiper Bagged
82 18 X 18 Red Wiper Folded
83 18 X 18 White Wiper Folded
84 Bath Towe I 20 X 40
85 Bath Towel 24 x 48
86 Bath Towel 27 X 54
87 Bath Towel 22 X 44
88 Soda Towel Red Border 15 X 22
89 Grill Pad 8 X 10
90 Wash Cloth Terry 12 X 12
91 Towels Turk 16 X 27
92 Terry Cloths Ulst Green Stripe 16 X 19 Bagged
93 Terry Cloths Ulst Green Stripe 16 X 19 Folded
94 Glass Towel Red Striped 16 X 30
95 APRONS
Copy of UniFirst - SourceWell Pricing
Unifirst Item Min
Bill%
8434 50%
8435 50%
8441 50%
8418 50%
8424 50%
8436 50%
8426 100%
8427 100%
8419 100%
8425 100%
8423 50%
8430 50%
8421 50%
8429 100%
8437 50%
8417 50%
8438 50%
8023-10 50%
8021-10 50%
8021-07 50%
8523 50%
8574 50%
8586 50%
8577 50%
8560 50%
9987 50%
8545 50%
8521 50%
8581 50%
8554 50%
8561 50%
FS Rates
ARC% EW EOW E4W Loss/
Damage
0.50% $1.10 $1.38 - $8.98
0.50% $1.35 $1.69 - $11.59
0.50% $1.60 $2.00 - $14.35
0.50% $0.50 $0.63 - $4.08
0.50% $0.64 $0.80 - $5.16
0.50% $1.00 $1.25 - $7.10
NA $0.39 $0.49 - $12.29
NA $0.47 $0.59 - $18.29
NA $0.35 $0.44 - $7.51
NA $0.20 $0.25 - $9.62
0.50% $0.14 $0.18 - $3.46
0.50% $0.14 $0.18 - $2.04
0.50% $0.14 $0.18 - $1.70
NA $0.50 $0.63 - $8.09
3.00% $0.09 $0.11 - $1.46
3.00% $0.06 $0.08 - $0.65
3.00% $0.07 $0.09 - $1.08
2.00% $0.050 $0.063 $0.070 $0.26
2.00% $0.060 $0.075 $0.084 $0.26
2.00% $0.070 $0.088 $0.098 $0.26
2.00% $0.300 $0.375 $0.420 $2.14
2.00% $0.360 $0.450 $0.504 $3.29
2.00% $0.490 $0.613 $0.686 $14.28
2.00% $0.340 $0.425 $0.476 $4.10
2.00% $0.100 $0.125 $0.140 $0.79
2.00% $0.090 $0.113 $0.126 $1.25
2.00% $0.100 $0.125 $0.140 $0.38
2.00% $0.110 $0.138 $0.154 $1.13
2.00% $0.090 $0.113 $0.126 $0.77
2.00% $0.100 $0.125 $0.140 $0.77
2.00% $0.100 $0.125 $0.140 $0.74
7 of 16
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FACILITIES SERVICE PRICING
Line US Contract Item - Description
96 100% Cotton Shop Apron 2 Upper & 2 Lower Pkts 40" Long (Not Personalized)
97 100% Spun Poly Bib Apron No Pocket 34" Long (Not
Personalized)
98 LOCKERS/HARDWARE
99 Laundry Soil Lock-Up
100 8 Compartment Hanger Standard
101 Laundry Soil Lock-Up Maxi
102 8 Compartment Hanger Wide w/Pad Lock
103 Hanger Recovery Rack
104 Bag Rack
105 Laundry/Linen Mesh Bags {30x40)
106 Towel Manager
107 6 Gallon Wiper/Safety Can
108 4 Compartment Hanger
109 6 Compartment Hanger
110 9 Compartment Folded
111 Laundry Pipe Rail
112 Hamper
113 Rolling Rack
114 Wiper/Towel Exchange
115 15 Gallon Wiper/Safety Can
116 FENDER COVER
117 FenderCover30x50
118 Seat Cover 54x60
Copy of UniFirst - SourceWell Pricing
UniFirst Item Min Loss/ ARC% EW EOW E4W Bill% Damage
7006 50% 1.00% $0.35 - - $17.45
7046 50% 1.00% $0.15 - - $3.46
8950 100% NA $0.00 - - $252.00
8951 100% NA $0.00 - - $542.40
8958 100% NA $0.00 - - $410.40
8959 100% NA $0.00 - - $616.80
8957 100% NA $0.00 - - $16.10
8956 100% NA $0.00 - - $14.76
9075 50% NA $0.00 - - $9.60
8964 100% NA $0.00 - - $542.40
9949 100% NA $0.00 - - $127.20
8962 100% NA $0.00 - - $487.20
8955 100% NA $0.00 - - $684.55
8952 100% NA $0.00 - - $582.60
8939 100% NA $0.00 - - $384.00
9958 100% NA $0.00 - - $484.80
9917 100% NA $0.00 - - $264.00
8917 100% NA $0.00 - - $487.20
9948 100% NA $0.00 - - $163.20
7521 50% NA $0.52 - - $7.18
7522 50% NA $0.80 - - $10.92
FS Rates 8 of 16
April 5, 2022, Item #5
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UNIFORM PROGRAM
Line US Contract Item - Description
1 BLEND GARMENTS
2 Woven Shirts
3 Long Sleeve Work Shirt, 4.75 oz. 65/35 Poly/Cotton Blend. 4 Short Sleeve Work Shirt, 4.75 oz. 65/35 Poly/Cotton Blend. 5 Long Sleeve MIMIX Ripstop Work Shirt with Color-Matched Stretch Mesh Panels on Back,
4.25 oz. 65/35 Poly/Cotton Blend.
6 Short Sleeve MIMIX Ripstop Work Shirt with Color-Matched Stretch Mesh Panels on Back,
4.25 oz. 65/35 Poly/Cotton Blend.
7 Women's Long Sleeve MIMIX Ripstop Work Shirt with Color-Matched Stretch Mesh Panels on Back, 4.25 oz. 65/35 Poly/Cotton Blend.
8 Women's Short Sleeve MIMIX Ripstop Work Shirt with Color-Matched Stretch Mesh Panels on Back, 4.25 oz. 65/35 Poly/Cotton Blend.
9 Long Sleeve OilBlok Ripstop Shirt, 65/35 Poly/Cotton Blend. 10 Short Sleeve OilBlok Ripstop Shirt, 65/35 Poly/Cotton Blend. 11 Women's Long Sleeve OilBlok Ripstop Shirt, 65/35 Poly/Cotton Blend. 12 Women's Short Sleeve OilBlok Ripstop Shirt, 65/35 Poly/Cotton Blend. 13 Women's Long Sleeve Work Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 14 Women's Short Sleeve Work Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 15 Women's 3/4 Sleeve Work Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 16 Micro Check Long Sleeve Shirt, 4 oz. 65/35 Poly/Cotton Blend. 17 Micro Check Short Sleeve Shirt, 4 oz. 65/35 Poly/Cotton Blend. 18 Micro Check Short Sleeve Shirt-Jae, 4 oz. 65/35 Poly/Cotton Blend. 19 Thin Stripe Long Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 20 Thin Stripe Short Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 21 Thin Stripe Long Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. CH/WH Stripe. 22 Thin Stripe Short Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. CH/WH Stripe 23 Breeze Weave Striped Long Sleeve Shirt, 3.85 oz. 65/35 Poly/Cotton Blend. 24 Breeze Weave Striped Short Sleeve Shirt, 3.85 oz. 65/35 Poly/Cotton Blend. 25 UniWeave Service Stripe Long Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 26 UniWeave Service Stripe Short Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 27 UniWeave Stripe Long Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 28 UniWeave Stripe Short Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend.
Copy of UniFirst - SourceWell Pricing Uniform Rates
UniFirst Weekly Lost/
Damage Item# Rental Rate
Charge
0102 $0.16 $13.70
0202 $0.14 $11.68
08MX $0.45 $27.47
06MX $0.41 $24.65
05MW $0.45 $27.03
05MX $0.40 $24.36
0108 $0.51 $30.68
0208 $0.47 $28.53
0508 $0.50 $30.44
05OC $0.46 $27.99
0335 $0.18 $15.39
0436 $0.15 $12.57
05AH $0.23 $20.10
03UM $0.22 $18.98
04UM $0.19 $16.23
15UM $0.24 $21.09
0314 $0.23 $19.48
0414 $0.18 $15.65
0137 $0.24 $20.90
0237 $0.22 $19.24
0172 $0.21 $18.29
0405 $0.18 $15.61
0348 $0.20 $17.20
0448 $0.18 $15.86
0123 $0.20 $16.93
0223 $0.17 $14.71
9 of 16
April 5, 2022, Item #5
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UNIFORM PROGRAM
Line US Contract Item - Description
29 Contrast Stripe Long Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 30 Contrast Stripe Short Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 31 Bold Stripe Long Sleeve Shirt w/Navy Body, 4.25 oz. 65/35 Poly/Cotton Blend. 32 Bold Stripe Short Sleeve Shirt w/Navy Body, 4.25 oz. 65/35 Poly/Cotton Blend. 33 Striped Long Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 34 Striped Short Sleeve Shirt, 4.25 oz. 65/35 Poly/Cotton Blend. 35 Long Sleeve Solid Ripstop Shirt, 4.25oz. 65/35 Poly/Cotton Blend. 36 Short Sleeve Solid Ripstop Shirt, 4.25oz. 65/35 Poly/Cotton Blend. 37 Heathered Long Sleeve Shirt, 65/35 Poly/Cotton Blend. 38 Heathered Short Sleeve Shirt, 65/35 Poly/Cotton Blend. 39 Long Sleeve Oxford Shirt, 60/40 Cotton/Poly Blend.
40 Short Sleeve Oxford Shirt, 60/40 Cotton/Poly Blend.
41 Women's Long Sleeve Oxford Shirt, 60/40 Cotton/Poly Blend. 42 Women's Short Sleeve Oxford Shirt, 60/40 Cotton/Poly Blend. 43 Long Sleeve Canvas Weave, 60/40 Cotton/Poly Blend.
44 Short Sleeve Canvas Weave, 60/40 Cotton/Poly Blend.
45 Long Sleeve Button Down Shirt, 65/35 Cotton/Poly Blend. 46 Short Sleeve Button Down Shirt, 65/35 Cotton/Poly Blend. 47 Women's Long Sleeve Button Down Shirt, 65/35 Cotton/Poly Blend. 48 Women's Short Sleeve Button Down Shirt, 65/35 Cotton/Poly Blend. 49 Security Shirt Long Sleeve, Epaulets, Military Creases 4.25oz. 65/35 Poly/Cotton Blend. so Security Shirt Short Sleeve, Epaulets, Military Creases 4.25oz. 65/35 Poly/Cotton Blend. 51 Pants & Shorts
52 Flat Front Pant, 7.75 oz. 65/35 Poly/Cotton Blend.
53 MIMIX Utility Pant with Color-Matched Stretch Panels, 7.5 oz 65/35 Poly/Cotton Blend. 54 Women's MIMIX Utility Pant with Color-Matched Stretch Panels, 7.5 oz 65/35 Poly/Cotton Blend.
55 Flexwaist Pant, 8 oz. 65/35 Poly/Cotton Blend.
56 Pleated Pant, 7.75 oz. 65/35 Poly/Cotton Blend.
Copy of UniFirst - SourceWell Pricing Uniform Rates
UniFirst Weekly Lost/
Damage Item# Rental Rate
Charge
0171 $0.24 $20.95
0276 $0.18 $15.92
0373 $0.21 $18.52
0482 $0.19 $16.79
0138 $0.19 $16.68
0238 $0.16 $14.14
01MB $0.27 $23.05
02MB $0.24 $20.72
0381 $0.24 $20.74
0481 $0.21 $18.08
0111 $0.20 $17.54
0211 $0.19 $16.05
0112 $0.21 $18.17
0422 $0.21 $17.84
08WW $0.32 $27.55
07WW $0.30 $25.72
0820 $0.24 $20.77
0636 $0.23 $19.77
0960 $0.23 $19.71
4248 $0.22 $18.71
0167 $0.31 $26.67
0607 $0.27 $23.30
1002 $0.22 $19.25
lOMX $0.50 $30.18
llMX $0.52 $31.75
1138 $0.22 $19.25
1122 $0.24 $21.11
10 of 16
April 5, 2022, Item #5
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Line US Contract Item - Description
57 Cargo Pant, 8 oz. 65/35 Poly/Cotton Blend.
58 Jean Style Pant, 7.75 oz. 65/35 Poly/Cotton Blend.
59 Cargo Pant, Canvas Weave 60/40 Cotton/Poly Blend.
60 Flat Front Short, 7.5 oz. 65/35 Poly/Cotton Blend.
61 Pleated Short, 65/35 Poly/Cotton Blend.
62 Cargo Short, 65/35 Poly/Cotton Blend.
63 Cell Phone Short, 7.75 oz. 65/35 Poly/Cotton Blend.
64 Women's Flat Front Flexwaist Pant, 7.5 oz. 65/35 Poly/Cotton Blend. 65 Women's Flat Front Work-N-Motion Pant, 7.75 oz. 75/25 Poly/Cotton Blend. 66 Women's Pleated Pant, 7.5 oz. 65/35 Poly/Cotton Blend. 67 Women's Cargo Pant, 7.5 oz. 65/35 Poly/Cotton Blend. 68 Women's Elastic Back Pant, 8 oz. 65/35 Poly/Cotton Blend. 69 Women's Flat Front Short, 65/35 Poly/Cotton Blend. ***Non-Standard Merchandise. 70 Women's Pleated Short, 65/35 Poly/Cotton Blend.
71 Women's Cargo Short, 65/35 Poly/Cotton Blend.
72 Jackets, Shop Coat, Coveralls,
73 Insulated Vest, 65/35 Poly/Cotton Blend.
74 Permalined Jacket, 7.5 oz 65/35 Poly/Cotton Blend.
75 Ike Jacket, 65/35 Poly/Cotton Blend. (opt. zip-in zip-out liner 1721). 76 Permalined Team Jacket, 65/35 Poly/Cotton Blend.
77 Coaches Jacket, 65/35 Poly/Cotton Blend. (opt . zip-in zip-out liner 1721). 78 Duo Tone Team Jacket, 65/35 Poly/Cotton Blend.
79 Permalined Hip Jacket, 65/35 Poly/Cotton Blend.
80 Zip-in Liner, 100% Polyester.
81 Shop Coat with 2 Chest Pockets & 2 Lower Pockets, Concealed Snap Front, 7.5 oz. 65/35 Poly/Cotton Blend.
82 Long Sleeve Coverall, 7.5 oz. 65/35 Poly/Cotton Blend. 83 Short Sleeve Speed Suit, 65/35 Poly/Cotton Blend.
84 Deluxe Insulated Coverall.
85 Deluxe Insulated Bib-Overall.
86 POL VESTER GARMENTS
Copy of UniFirst - SourceWell Pricing Uniform Rates
I
UniFirst Weekly Lost/
Damage Item# Rental Rate
Charge
lOAI $0.28 $24.60
1060 $0.24 $20.59
llWW $0.36 $31.39
1034 $0.17 $15.05
1129 $0.20 $17.68
1271 $0.25 $21.20
12KB $0.23 $19.50
1167 $0.22 $18.74
12AG $0.28 $24.39
1113 $0.34 $29.09
10A4 $0.33 $28.73
1043 $0.23 $19.97
114D $0.26 $22.89
1125 $0.29 $25.28
10A9 $0.28 $24.64
1640 $0.35 $30.36
1506 $0.41 $35.12
1507 $0.35 $30.12
1550 $0.42 $36.57
1540 $0.36 $31.19
1581 $0.49 $42.10
1527 $0.44 $37.64
1721 $0.22 $18.67
2525 $0.33 $28.29
3002 $0.35 $29.93
4022 $0.38 $32.78
3045 $0.95 $81.92
3528 $0.74 $63.80
11 of 16
April 5, 2022, Item #5
.i::i,.
00 0 ...._
u, u,
-UNIFORM PROGRAM
Line US Contract Item - Description
87 Polo Pocketless 3.8 oz Sport-Wick Moisture Management Polyester Tricot. 88 Women's Polo Pocketless 3.8 oz Sport-Wick Moisture Management Polyester Tricot. 89 Polo w/Pockets 3.8 oz Sport-Wick Moisture Management Polyester Tricot. 90 Polo Pocketless 5.4 oz 100% Post Consumer recycled Polyester. 91 Women's Polo Pocketless 5.4 oz 100% Post Consumer recycled Polyester. 92 Short Sleeve T-Shirt w/Pocket Moisture Management 100% Spun Poly. 93 Long Sleeve T-Shirt w/Pocket Moisture Management 100% Spun Poly. 94 Security Pant Flat Front, 10 oz Polyester.
95 COTTON GARMENTS
96 Long Sleeve Shirt, 6 oz. 100% Cotton.
97 Short Sleeve Shirt, 6 oz. 100% Cotton.
98 Long Sleeve, Snap Front Shirt Heavyweight 8 oz. 100% Cotton Denim. 99 Long Sleeve Open Collar Shirt, 7 oz. 100% Cotton Denim. 100 Short Sleeve Open Collar Shirt, 7 oz. 100% Cotton Denim. 101 Long Sleeve Button Down Collar Shirt, 7 oz. 100% Cotton Denim. 102 Short Sleeve Button Down Collar Shirt, 7 oz. 100% Cotton Denim. 103 Flat Front Pant, 8.25 oz. 100% Cotton.
104 Pleated Front Pant, 100% Cotton
105 UniFirst Classic Fit Jean, 13.75 oz. 100% Cotton Denim. 106 UniFirst Relaxed Fit Jean, 13.75 oz. 100% Cotton Denim. 107 Wrangler Regular Fit Jean, 15 oz. 100% Cotton Denim. 108 Wrangler Relaxed Fit Jean, 14.5 oz. 100% Cotton Denim. 109 Wrangler Cowboy Cut Jean, 14.5 oz. 100% Cotton Denim. 110 Dickies Carpenter Jeans, 100% Cotton Denim.
111 Dickies Carpenter Shorts, 100% Cotton Denim.
112 Wrangle Women's Jean, 100% Cotton Denim.
113 Women's Pleated Pant, 100% Cotton.
114 Duck Jacket, 12 oz. 100% Washed Cotton.
115 LS Coverall, 8.75 oz. 100% Cotton.
116 FR GARMENTS
117 100% Cotton FR
Copy of UniFirst - SourceWell Pricing Uniform Rates
UniFirst Weekly Lost/
Damage Item# Rental Rate
Charge
04MM $0.14 $16.59
05MM $0.15 $15.81
04MR $0.18 $22.37
047A $0.10 $13.03
057A $0.14 $17.13
4277 $0.10 $12.22
0871 $0.12 $15.06
10B8 $0.18 $22.77
0101 $0.23 $18.82
0201 $0.20 $17.01
0178 $0.23 $19.32
0361 $0.20 $16.77
04SS $0.18 $14.88
0850 $0.20 $16.32
2205 $0.17 $14.51
1001 $0.28 $23.32
1148 $0.41 $34.27
1091 $0.25 $20.40
10HD $0.29 $24.13
1150 $0.33 $27.56
1144 $0.34 $27.93
1118 $0.38 $31.37
12CH $0.25 $20.64
12BU $0.25 $20.80
1092 $0.34 $28.15
1146 $0.42 $34.81
18BW $0.65 $53.67
3001 $0.43 $35.83
12 of 16
April 5, 2022, Item #5
~
'° 0 .....
u,
u,
--·-
UNIFORM PROGRAM
Line US Contract Item - Description
118 Prewashed Relaxed Fit Denim Jean, Armorex lndura 14 oz. FR Cotton. HRC-2, ATPV-20.7 119 Wrangler Relaxed Fit FR Jean, HRC-2, ATPV 23.7
120 Wrangler Carpenter FR Jean, HRC-2, ATPV 23.7
121 88/12 Cotton/Nylon Flame Resistant Blend
122 Long Sleeve Shirt, Armorex 7 oz. UltraSoft. HRC-2, ATPV- 8.7 123 Pant, Armorex 9 oz. UltraSoft. HRC-2, ATPV-12.4
124 Coverall, Armorex 9 oz. UltraSoft. HRC-2, ATPV-12.4 125 Enhanced Vis FR Blend Coverall w/Yllw/Slvr 3M Scotchlite Reflective FR Striping on upper back, under pockets, and around biceps, 7 oz. 88/12 Excel Comfortouch. HRC-2, ATPV 8.6 126 SS Tee Shirt,6 oz 88/12 Cotton/Nylon Blend FR Fabric. HRC-2, ATPV-10.9 ***Non-Standard Merchandise.
127 TecaSafe
128 Long Sleeve Shirt w/Snap Front, 7 oz. Armorex Tecasafe Plus FR. HRC-2, ATPV-10.1 Navy, ATPV-9.0 Lt. Blue & Khaki
129 Long Sleeve Shirt, 7 oz. Armorex Tecasafe Plus FR. HRC-2, ATPV-10.1 Navy, ATPV-9.0 Lt. Blue & Khaki
130 Pant, 8.5 oz. Armorex Tecasafe Plus FR. HRC-2, ATPV-10.2 131 Coverall, 7 oz. Armorex Tecasafe Plus FR. HRC-2, ATPV-10.1 Navy, ATPV-9.0 Khaki 132 Nomex
133 Long Sleeve Shirt, 4.5 oz. Armorex Nomex CXP. HRC-1, ATPV-5.1 134 Pant, 6 oz. Armorex Nomex. HRC-1, ATPV-5.8
135 Coverall, 6 oz. Armorex Nomex CXP. HRC-1, ATPV 6.5
136 ENHANCED VISIBILITY GARMENTS
137 Enhanced Visibility Long Sleeve Shirt, 4.25 oz 65/35 Poly/Cotton Blend, w/Yellow 3M Scotchlite Reflecting Striping on Front, Back and Sleeves. 138 Enhanced Visibility Short Sleeve Shirt, 4.25 oz 65/35 Poly/Cotton Blend, w/Yellow 3M Scotchlite Reflecting Striping on Front, Back and Sleeves. 139 Enhanced Visibility Pant, 65/35 Poly/Cotton Blend, w/Yellow 3M Scotchlite Reflecting Striping on Legs.
Copy of UniFirst - SourceWell Pricing Uniform Rates
UniFirst Weekly Lost/
Damage Item# Rental Rate
Charge
11KG $0.59 $51.00
lOFB $0.77 $66.35
lOFC $0.75 $64.64
09FR $0.36 $46.54
lOFR $0.39 $50.36
30FR $0.66 $85.64
30RX $1.13 $146 .67
02US $0.45 $58.65
09AU $0.32 $58.34
09TC $0.39 $69.87
lOTS $0.44 $79.03
30TS $0.69 $123.69
0lNX $0.45 $89.54
lONX $0.47 $94.31
30NX $0.83 $166.98
013C $0.32 $29.91
023( $0.28 $26 .09
123C $0.32 $29.83
13 of 16
April 5, 2022, Item #5
u,
0 0 ....
u,
u,
UNIFORM PROGRAM
Line US Contract Item - Description
140 Enhanced Visibility Jacket, 65/35 Poly/Cotton Blend, w/Yellow 3M Scotchlite Reflecting Striping on Front, Back and Sleeves. (optional liner 1721) 141 Enhanced Visibility Coverall, 65/35 Poly/Cotton Blend, w/Yellow 3M Scotchlite Reflecting Striping on Front, Back and Sleeves. (Navy)
142 Enhanced Visibility Long Sleeve Shirt, 65/35 Poly/Cotton Blend, w/Orange 3M Scotchlite Reflecting Striping on Front, Back and Sleeves.
143 Enhanced Visibility Short Sleeve Shirt, 65/35 Poly/Cotton Blend, w/Orange 3M Scotchlite Reflecting Striping on Front, Back and Sleeves.
144 Enhanced Visibility Pant, 65/35 Poly/Cotton Blend, w/Orange 3M Scotchlite Reflecting Striping on Legs.
145 Enhanced Visibility Jacket, 65/35 Poly/Cotton Blend, w/Orange 3M Scotchlite Reflecting Striping on Front, Back and Sleeves. (optional liner 1721) 146 Enhanced Visibility Coverall, 65/35 Poly/Cotton Blend, w/Orange 3M Scotchlite Reflecting Striping on Front, Back and Sleeves. ***Non-Standard Merchandise . 147 Hi-VIS GARMENTS
148 Hi-Vis Long Sleeve Shirt, 5.5 oz 65/35 Poly/Cotton Fluorescent Lime-Yellow with 11/2" 3M Scotchlite Reflective Striping on Front, Back, and Sleeves. 149 Hi-Vis Short Sleeve Shirt, 5.5 oz 65/35 Poly/Cotton Fluorescent Lime-Yellow with 11/2" 3M Scotchlite Reflective Striping on Front, Back, and Sleeves. 150 Hi-Vis Long Sleeve Shirt, 65/35 Poly/Cotton Fluorescent Lime-Yellow with 2" 3M Scotchlite Reflective Striping on Front, Back, and Sleeves.
151 Hi-Vis Short Sleeve Shirt, 65/35 Poly/Cotton Fluorescent Lime-Yellow with 2" 3M Scotchlite Reflective Striping on Front, Back, and Sleeves.
152 Hi-Vis Long Sleeve Ripstop Work Shirt, 4.25 oz 65/35 Poly/Cotton, Navy/Yellow Color-block with YSY Reflective Striping on Front, Back, and Sleeves. 153
Hi-Vis Short Sleeve Ripstop Work Shirt, 4.25 oz 65/35 Poly/Cotton, Navy/Yellow Color-block with YSY Reflective Striping on Front, Back, and Sleeves. 154 Hi-Vis Short Sleeve Tee-Shirt, 5.75 oz 100% Fluorescent Lime-Yellow or Orange Polyester with 3M Scotchlite Reflective Striping on Front and Back.
Hi-Vis Short Sleeve Tee-Shirt, 100% Fluorescent Lime-Yellow or Orange Polyester with 3M 155 Scotchlite Reflective Segmented Striping on Front and Back. ***Non-Standard Merchandise .
Copy of UniFirst - SourceWell Pricing Uniform Rates
UniFirst Weekly Lost/
Damage Item# Rental Rate
Charge
15EH $0.43 $39.83
30RR $0.77 $71.67
013B $0.31 $28.49
023B $0.28 $26.09
123B $0.32 $29.83
15EI $0.43 $39.84
30RQ $0.78 $72.57
09AH $0.60 $52.18
06AH $0.52 $44.84
09DH $0.78 $67.42
06DH $0.62 $53.80
03TO $0.49 $42.68
04TO $0.46 $40.20
02HY $0.19 $25.17
021Y $0.25 $32.68
14 of 16
April 5, 2022, Item #5
u, ....
0 -11
u,
u,
UNIFORM PROGRAM
Line US Contract Item - Description
156 Hi-Vis Jacket, 100% Fluorescent Lime-Yellow Polyester with 2" 3M Scotchlite Reflective Striping on Front, Back, and Sleeves. (optional liner 1727) 157 Optional Zip in/out Liner for Style lSEG.
158 FOOD PREP GARMENTS
159 Snap Front Food Prep Long Sleeve Shirt 4.25 oz. 65/35 Poly/Cotton Blend. 160 Snap Front Food Prep Short Sleeve Shirt 4.25 oz. 65/35 Poly/Cotton Blend. 161 Women's Snap Front Food Prep Long Sleeve Shirt 65/35 Poly/Cotton Blend. 162 Women's Snap Front Food Prep Short Sleeve Shirt 65/35 Poly/Cotton Blend. 163 Snap Front Food Long Sleeve Shirt 100% Cotton.
164 Snap Front Food Short Sleeve Shirt 100% Cotton.
165 Food Prep Polo with Snap Placket, 100% Polyester.
166 Snap Front Food Prep Long Sleeve Shirt w/Knit Cuffs 65/35 Poly/Cotton Blend. 167 V-neck Baker's Short Sleeve Shirt 100% Polyester.
168 Food Prep Pant - no Buttons 65/35 Poly/Cotton Blend. 169 Pleated Front Food Prep Pant - no Buttons - no Pockets 65/35 Poly/Cotton Blend. 170 CHEF WEAR
171 Long Sleeve Chef Coat, Double Breasted w/Plastic Buttons 7 oz. 65/35 Poly/Cotton Blend. 172 3/4 Sleeve Chef Coat, Double Breasted w/Knotted Buttons 65/35 Poly/Cotton Blend. 173 1/2 Sleeve Chef Coat, Double Breasted w/Plastic Buttons 65/35 Poly/Cotton Blend. 174 Full Sleeve Chef Coat, Double Breasted w/Knotted Buttons 100% polyester . 175 Baggy Chef Pants 100% Spun Poly.
176 BUTCHER/LABS/SMOCKS
177 Snap Front Frock, Knit Cuffs, Inside Lower Pocket 7.2 oz. 100% Spun Poly. 178 Snap Front Frock, Open Cuffs, Inside Lower Pocket 7.2 oz. 100% Spun Poly. 179 Snap Front Butcher Coat, Open Cuffs no Pockets 100% Spun Poly. 180 Snap Front Butcher Coat, Open Cuffs Inside Chest & 2 Lower Pockets 7.2 oz. 100% Spun Poly. 181
Snap Front Butcher Coat, Open Cuffs, Outside Chest & 2 Lower Pockets 7 oz. 65/35 Poly/Cotton .
Copy of UniFirst - SourceWell Pricing Uniform Rates
l
UniFirst Weekly Lost/
Damage Item# Rental Rate
Charge
15EG $0.73 $95.19
1727 $0.24 $20.97
0198 $0.17 $14.91
0240 $0.14 $12.06
0369 $0.18 $15.29
0540 $0.15 $13.09
0157 $0.23 $18.99
0626 $0.20 $16.96
04GM $0.15 $19.38
03UA $0.19 $16.68
02SF $0.07 $8.99
10HE $0.23 $19.93
11UM $0.20 $17.58
2531 $0.17 $14.99
2537 $0.21 $17.75
5025 $0.15 $12.64
25GA $0.19 $23.60
117A $0.14 $17.06
50AY $0.14 $17.68
50AZ $0.13 $16.80
5026 $0.12 $14.60
5033 $0.12 $14.77
5009 $0.19 $16.78
15 of 16
April 5, 2022, Item #5
u,
N
0 ....
u,
u,
UNIFORM PROGRAM
Line US Contract Item - Description
182 Snap Front Butcher Coat, Open Cuffs, Inside Chest & 2 Lower Pockets 65/35 Poly/Cotton. 183 Men's Lab Coat with Outside Chest & 2 Lower Pockets 80/20 Poly/Cotton Blend. 184 Snap Front Lab Coat, Knit Cuffs, Outside Chest & 2 Lower Pockets 80/20 Poly/Cotton Blend. 185 Snap Front Lab Coat, Knit Cuffs, Inside Chest & 2 Lower Pockets 80/20 Poly/Cotton Blend. ***Non-Standard Merchandise.
186 Unisex Consultation Lab Coat with 2 Chest, 2 Lower Oversized (Pocket within a Pocket), and 2 Lower Inside Pockets 65/35 Poly/Cotton Blend.
187 Texture Shield Front Protective Coat with Outside Chest & 2 Lower Pockets 65/35 Poly/Cotton.
188 Men's Counter Coat with 3 Outside Pockets 5 oz. 80/20 Poly/Cotton Blend. 189 Women's 3/4 Sleeve Smock 2 Lower Pockets 80/20 Poly/Cotton Blend. 190 Women's Short Sleeve Smock 2 Lower Pockets 5 oz. 80/20 Poly/Cotton Blend. 191 SCRUBS/PATIENT WEAR
192 Unisex Scrub Shirt V-neck 65/35 Poly/Cotton Blend.
193 Unisex Scrub Shirt Reversible V-neck 55/45 Poly/Cotton Blend. 194 Unisex Scrub Shirt 65/35 Poly/Cotton Blend.
195 Unisex Scrub Pant 65/35 Poly/Cotton Blend.
196 Unisex Scrub Cargo Pant 65/35 Poly/Cotton Blend.
197 Unisex Scrub Pant Reversible 55/45 Poly/Cotton Blend. 198 Unisex Scrub Drawstring Pant 65/35 Poly/Cotton Blend. 199 Unisex Warm up Jacket, Knit Cuffs, 2 Lower Pockets 65/35 Poly/Cotton Blend. 200 Ladies Scrub Top, 2 Lower Pockets 65/35 Poly/Cotton Blend. 201 Ladies Cross-Over Tunic Scrub Shirt 65/35 Poly/Cotton Blend. 202 Ladies Fashion Scrub Slack 65/35 Poly/Cotton Blend. 203 Ladies Mammography/Exam Jacket 65/35 Poly/Cotton Blend. 204 Patients Gown 55/45 Cotton/Poly Blend.
Copy of UniFirst - SourceWell Pricing Uniform Rates
UniFirst Weekly Lost/
Damage Item# Rental Rate
Charge
5020 $0.20 $17.01
2524 $0.18 $15.15
2550 $0.27 $23.07
2630 $0.30 $25.78
25CL $0.20 $17.16
25BD $0.23 $19.75
2526 $0.15 $12.99
4544 $0.21 $18.55
4520 $0.19 $16.77
4254 $0.11 $7.67
7204 $0.11 $6.94
7209 $0.15 $14.57
1276 $0.13 $9.44
7245 $0.21 $15.14
7221 $0.12 $7.62
7211 $0.17 $16.75
4502 $0.18 $13.05
7205 $0.18 $12.66
7250 $0.21 $15.12
10A5 $0.23 $16.02
14AD $0.15 $10.33
9414 $0.11 $7.02
16 of 16
April 5, 2022, Item #5
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e)
53 of 55
(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior April 5, 2022, Item #5
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement.
(2)
A
retired
person
who
accepts
an
appointment
after
receIvmg
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)
A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
54 of
55 (1)
The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(2)
(A)
Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)
For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(C)
For
employees
of
the
California
State
University,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
April 5, 2022, Item #5
(3) The retiree is eligible to participate in the Faculty Early Retirement Programpursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
(g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2)a retiree of the Judges' Retirement System or the Judges' Retirement System II whois assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015.
Annotations
Notes
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 55 of 55
April 5, 2022, Item #6
1 of 19
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
April 5, 2022
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources & Risk Management~ Emily Wolf, Management Analyst
(858) 668-4443 or [email protected]
Contract Agreement Between the City of Poway and HUB International Insurance Services, Inc. to Provide Employee Benefits Consulting and Insurance Brokerage Services
The City of Poway currently contracts with HUB International Insurance Services, Inc. (HUB) for employee benefits consulting and insurance broker services. The current contract expires April 30, 2022. It is in the City's best interest to enter into a new agreement with HUB for a term of five years.
The agreement secures broker consulting services, which include strategic planning and financial analysis of the City's benefit services and programs for employees, negotiating with insurance carriers, and support with regulatory compliance and account management services.
Recommended Action:
It is recommended that the City Council authorize the City Manager to enter into a new agreement with HUB International Insurance Services, Inc., effective May 1, 2022, through April 30, 2027, and authorize the City Manager to execute any necessary documents.
Discussion:
The City's current contract with HUB for employee benefits consulting and insurance broker services is expiring April 30, 2022. HUB provides a critical service to the Poway organization through strategic planning and financial analysis of the City's comprehensive benefit services and programs. They also act as the negotiator with the City's insurance carriers and vendors prior to renewal and open enrollment periods. The team members from HUB assigned to the City of Poway are experienced, professional brokers who understand the complex structure of not only the insurance industry but also public entities and are therefore constantly evaluating the cost of benefits versus effectiveness of plan designs. They have consistently met the annual strategic health and welfare plan objectives developed annually with City staff prior to insurance plan renewals, which has resulted in successful negotiations with insurance carriers for low renewal rates, solid plan designs and documents, and successful plan implementation and account management. The HUB team knows the City April 5, 2022, Item #6
2 of 19
organization and employee culture, which contributes to creating a healthier and more productive City workforce.
The broker consulting fee stated in the proposed agreement with HUB is a flat fee not to exceed $12,333 per month, for a total of $147,996 per contract year. This includes fees for the City's Employee Assistance Program and Health Fairs. This is a 3% decrease in monthly costs from the current contract with HUB and is guaranteed for each of the five years of the contract.
After careful evaluation of various purchasing options and pricing staff determine that it is in the best interest of the City not to proceed with its own formal bid process and recommends the formal bidding procedures are waived for the following reasons:
1. HUB is a well-respected industry leader that has helped improve the City's benefit and insurance outcomes as described in this staff report;
2. The requirement of Poway Municipal Code Chapter 3.28 to formally bid these services will tie up staff resources from other projects and not likely result in a lower price for these services given staffs historical experience; and
3. Entering into the contract with HUB will save Poway resident tax dollars as the pricing for the contract represents a 3% decrease.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The agreement is effective May 1, 2022, through April 30, 2027, for a flat fee not to exceed $12,333 per month, for a total of $147,996 per contract year. Funding for this contract service is budgeted in the departments' benefits accounts (various: 1300).
Public Notification:
A copy of this notice was provided to HUB International Insurance Services, Inc., 9855 Scranton Road, Suite 100, San Diego, CA 92121.
Attachments:
A. Agreement with HUB International Insurance Services, Inc.
Reviewed/ Approved By:
weny Kaserma n
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
April 5, 2022, Item #6
ATTACHMENT A
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of May, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and HUB INTERNATIONAL INSURANCE SERVICES, Inc. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to provide Employee Benefits Consulting and Insurance Brokerage Services;
WHEREAS, Consultant is an Employee Benefits consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information 3 of 19
1 April 5, 2022, Item #6
Agreement for Insurance Brokerage Services
as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. 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 Section 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. "Consultant" means an individual who, pursuant to a contract with a state or local agency:
4 of 19 2
April 5, 2022, Item #6
Agreement for Insurance Brokerage Services
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[8J 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and 8 above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
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April 5, 2022, Item #6
Agreement
for
Insurance
Brokerage
Services
Page
4 of
17 12.
Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however, City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Consultant
represents
and
warrants
to
City
that
Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant
to
practice
its
profession.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers, agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents, officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
6 of
19 4
April 5, 2022, Item #6
Agreement
for
Insurance
Brokerage
Services
Page
5 of
17 (d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it
or
anyone for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services
.
17. Consultant
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
7 of
19 5
April 5, 2022, Item #6
Agreement
for
Insurance
Brokerage
Services
Page
6 of
17 19.
Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California. Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses. 21.
Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it
is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public Employees'
Retirement
System
(Cal
PERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
8 of
19 6
April 5, 2022, Item #6
Agreement for Insurance Brokerage Services
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of 19 7
April 5, 2022, Item #6
Agreement for Insurance Brokerage Services
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ___________ _
Alan Fenstermacher, City Attorney
10 of 19
CONSULTANT
8 By: ___________ _
Shannon Taylor, Executive Vice
President & Pacific Region President
Date: ___________ _
April 5, 2022, Item #6
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the Employee Benefits Consulting and Insurance Brokerage Services further described in the Scope of Services submitted, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted, which are included in this document as Attachment 2. Total fee is not to exceed $12,333 per month. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing May 1, 2022, and ending April 30, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
11 of 19 1
April 5, 2022, Item #6
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 19 2
City of Poway
P.O. Box 789
Poway, CA 9207 4
HUB International Insurance Services, Inc.
9855 Scranton Road
Suite 100
San Diego, CA 92121
April 5, 2022, Item #6
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering' s California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
( c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
13 of 19
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 April 5, 2022, Item #6
Cal
Gov
Code§
7522
.56
a public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement.
(2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
14 of
19 (1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before 180
days
have
passed
and
approves
the
appointment
in
a public
meeting
. The
appointment
may
not
be
placed
on
a consent
calendar
.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
( 4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
2 April 5, 2022, Item #6
Cal Gov Code § 7522.56
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
15 of 19 3
April 5, 2022, Item #6
Attachment 1
Scope of Services
Consultant agrees to perform consulting services as required by City of Poway.
Consultant shall provide the necessary qualified personnel to perform the services. In performance of the services Consultant services include:
1. Strategic Planning
• Assist in defining and prioritizing strategic health & welfare plan objectives • Assist in the evaluation of internal technical capabilities to determine increased/improved applications for administrative processes • Identify underperforming vendor relationship
• Assess carrier/vendor customer service levels
• Develop project action timelines
• Periodic review of employee demographics
• Discuss relevant benchmarking data
2. Financial Analysis
• Perform financial review and analysis of experience reports • Assess current funding arrangements for appropriateness and make recommendations as needed
• Evaluate current costs of benefits versus effectiveness of plan design • Analyze utilization data and cost containment results of medical management • Forecast projected benefit costs to include maximum exposure • Prepare experience reviews as directed
• Perform trend analysis from available diagnostic and normative data
3. Renewal
• Analyze and negotiate renewals with vendors
• Review vendor renewal methodology, experience data, and assumptions for accuracy and logic
• Compare vendor renewal HUB projections
• Develop and present alternative plan designs and provisions with associated financial and member impact analysis
• Finalize program design, rates, and fees a minimum of 60 days prior to effective date • Prepare an accurate renewal document with recommendations for delivery to senior management (as needed)
4. Marketing
• Develop plan specification based on feedback from strategic planning meeting 16 of 19
April 5, 2022, Item #6
• Jointly determine list of vendors best suited to meet plan goals and objectives • Develop vendor performance guarantees with monetary penalties as necessary • Assist in the review of current electronic data transfer processes with vendors • Perform pre-marketing evaluation of census data, network service areas, and administrative needs
• Evaluate carrier client support services
• Evaluate vendor financial ratings and accreditation
• Review provider network accessibility/employee match
• Perform critical analysis and comparison of plan features and costs • Assist in the scheduling of selected finalist site visits • Assist in conducting finalist negotiations
• Prepare and submit a summary report with recommendations to management • Assist in the notification of all bidders as to the final outcome
5. Annual Enrollment
• Assist in the planning of employee meetings, round tables, and health seminars • Provide guidance on delivering a comprehensive communication strategy • Introduce workable technology solutions for communications and enrollment where appropriate
• Coordinate vendor sponsored communication material
6. Compliance
• Provide legislative updates as needed
• Review plan documents and summary plan descriptions for regulatory compliance from a non-legal perspective (client would need to retain legal advice) • Provide access to periodic web casts compliance sessions
7. Account Management Services
• Serve as a liaison between the client and all insurance companies/vendors • Monitor administrative process and assist in the smooth resolution of elevated issues • Act as an employee/employer advocate in the resolution of ongoing claims issues • Audit, confirm, and manage all changes in legal documents (contracts, policies, SPDs, etc.)
• Set and monitor vendor goals and performance and report findings at quarterly meetings
• Review plan performance as directed
• Review and provide guidance of diagnostic data
• Identify and monitor potential catastrophic claims
• Review large claims management activity
• Review network utilization
17 of 19
April 5, 2022, Item #6
8. Additional Services
• Fund monthly Employee Assistance Plan monthly costs
• Create and fund Mobile Wallet Card
• Provide professionally crafted text and design for employee communication. Includes printing costs of brochures (New Hire and Open Enrollment Brochures) • Provide funding and assistance with the Annual Health Fair (if requested) • Create Wrap Plan/Summary Plan Description (SPD) Amendment • Compliance Manual -provide access to updated Compliance Manual • Provide access to Mineral HR sites upon request
18 of 19
April 5, 2022, Item #6
Attachment 2
Fee Proposal
Proposed Term Proposed Monthly Fee
5/1/2022 -4/30/2023 $12,333
5/1/2023 -4/30/2024 $12,333
5/1/2024 -4/30/2025 $12,333
5/1/2025 -4/30/2026 $12,333
5/1/2026 -4/30/2027 $12,333
HUB will also provide the below services at no additional cost to the City:
Services Carrier HUB Funded
Annual Value
Employee Assistance Program Services Anthem $3,700
Open Enrollment & New Hire Brochures (Printing) HUB $100 Customized Wrap Doc/SPD Wrangle $400
Health Fair (if requested) TBD $800
TOTAL $5,000
19 of 19
April 5, 2022, Item #7
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
April 5, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services .,41
Jeff Beers, Special Projects Engineer
(858) 668-4624 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of the City Hall HVAC Controls project; RFP No. 21-013 with Sunbelt Controls, as Complete
Summary:
On January 19, 2021, the City Council awarded the contract for the City Hall HVAC Controls project; RFP No. 21-013 to Sunbelt Controls, in the amount of $137,000.00. This action will accept the project as complete.
Recommended Action:
It is recommended that the City Council:
(1) Accept the City Hall HVAC Controls project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; Discussion:
This heating, ventilation, and air conditioning (HVAC) project involved the replacement of the actuators that operate the modulating valves in the heated water and chilled water piping as well as the volume dampers in the air ductwork variable air volume boxes. The computer and the software that run the system were replaced as well as all of the wiring from the computer to the actuators and control devices that are spread throughout the buildings. There was one change order to do an air balance, for $3,481.99. The final contract amount is $140,481.99.
This action accepts the City Hall HVAC Controls project as complete.
Environmental Review:
The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act.
Fiscal Impact:
None.
1 of 2
April 5, 2022, Item #7
Public
Notification:
None. Attachments: None. Reviewed/
Approved
By:
Wen
d
aserman
Assistant
City
Manager
2 of2
Reviewed
By:
Alan
Fenstermacher
City
Attorney
City
Manager
April 5, 2022, Item #8
DATE: TO: FROM: CONTACT: SUBJECT: Summary:
AGENDA
REPORT
CityofPoway
April
5,
2022
Honorable
Mayor
and
Members
of
the
City
Council
Robert
Manis,
Director
of
Development
Services
~
Jeff
Beers,
Special
Projects
Engineer
~
(858)
668-4624
or
[email protected]
CITY
COUNCIL
Award
of
Contract
to
Sunbelt
Controls,
Inc.
for
the
Fire
Station
3 HVAC
Controls
Replacement
Project
This
action
will
award
a
construction
contract
for
the
Fire
Station
3 HVAC
Controls
Replacement
project.
The
project
includes
replacement
of
an
outdated
and
malfunctioning
HVAC
(Heating
Ventilation
and
Air
Conditioning)
controls
system.
Recommended
Action:
It
is
recommended
that
the
City
Council
award
the
contract
for
the
Fire
Station
3 HVAC
Controls
Replacement
project
to
Sunbelt
Controls,
Inc.,
in
the
amount
of
$105,000.00.
Discussion: The
scope
of
work
includes
the
replacement
of
an
outdated
and
malfunctioning
HVAC
controls
system
at
Fire
Station
3. The
existing
system
has
no
user
interface,
does
not
allow
for
offsite
control,
and
has
inherent
control
issues.
This
project
will
install
a
modern
control
system
that
will
have
a web
interface
that
will
allow
for
offsite
control
and
increase
the
energy
efficiency
of
the
building.
Currently,
the
City
has
the
Sunbelt
Controls
systems
at
the
Mickey
Cafagna
Community
Center
and
most
recently
the
HVAC
controls
system
at
City
Hall
was
replaced
with
the
Sunbelt
Controls
system.
This
contract
is
proposed
as
a sole
source
contract
which
is
allowed
by
the
Public
Contract
Code
under
certain
circumstances.
Public
Contract
Code,
Division
2,
Part
1,
Chapter
3,
Article
4,
Preference
for
Materials,
3400.c.2
makes
the
finding
that
a
material,
product,
thing,
or
service
is
designated
by
a
specific
brand
or
trade
name
for
the
following
reason
: to
match
other
products
in
use
on
a
particular
public
improvement
either
completed
or
in
the
course
of
completion.
Providing
consistency
with
HVAC
controls
at
multiple
City
facilities
will
allow
for
ease
of
use
and
maintenance
of
the
systems
.
. The
contract
time
for
this
project
is
40 working
days.
The
proposal
was
received
on
February
14,
2022.
1 of
17 April 5, 2022, Item #8
Environmental
Review:
The
proposed
replacement
of
existing
HVAC
Controls
system
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a
Class
1 Categorical
Exemption,
pursuant
to
Section
15301
of
the
CEQA
Guidelines,
in
that
the
project
involves
the
repair
of
an
existing
structure
with
no
expansion
of
use.
Fiscal
Impact:
There
is
sufficient
funding
available
in
the
Facility
Renovation
FY
21 City
Hall
HVAC
Control
project
account
(MNT0023)
to
award
the
contract.
Public
Notification:
None. Attachments: A.
Consultant
Agreement
Reviewed/
Approved
By:
~
c------
Wendy
Kaserman
Assistant
City
Manager
2 of
17 Reviewed
By:
Alan
Fenstermacher
City
Attorney
City
Manager
April 5, 2022, Item #8
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 6th day of April, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and SUNBELT CONTROLS, I NC. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to replace or add controls to existing mechanical units for the Fire Station 3 HVAC Controls Replacement Project (Project); and
WHEREAS, Consultant is a building automation system consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City.
Termination for cause shall be effected by delivery of written notice of termination to Consultant.
Such termination shall be effective upon delivery of said notice. 3 of 17 ATTACHMENT A
April 5, 2022, Item #8
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. and expense.
7. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. 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 Section 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. 4 of 17 2
April 5, 2022, Item #8
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and 8 above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 17 3
April 5, 2022, Item #8
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Consultant
represents
and
warrants
to
City
that
Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant
to
practice
its
profession.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
6 of
17 4
April 5, 2022, Item #8
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 17 5
April 5, 2022, Item #8
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.
Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing . services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 17 6
April 5, 2022, Item #8
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of 17 7
April 5, 2022, Item #8
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:------------
Alan Fenstermacher, City Attorney
10 of 17
SUNBELT CONTROLS, INC.
8 By:-----------
Hugh Palmer, Risk Manager -Contracts
Date: ------------
April 5, 2022, Item #8
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the replacement or addition of controls to existing mechanical units services further described in the Scope of Services submitted with the proposals dated February 14, 2022, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated February 14, 2022, which are included in this document as Attachment
1. Total fee is not to exceed One-Hundred and Five Thousand Dollars ($105,000). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of April 6, 2022 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 17 1
April 5, 2022, Item #8
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 17 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Sunbelt Controls, Inc.
9570 Ridgehaven Court Suite C
San Diego, CA 92123
April 5, 2022, Item #8
SUNBELT'
C O N T R O L S
February 14, 2022
Jeff Beers
City of Poway
Project: Poway Fire Station #3
Subject: Proposal for DDC Controls
Jeff,
Attachment 1
This proposal is to replace or add controls to existing mechanical units listed below. These units will be controlled using the City's existing WebCTRL Software license, new devices/wire and placed on the existing front end over the City's IT infrastructure. Equipment counts were based off of 4 pages of original drawings. We will plan to reuse the existing pathways to original stat locations. The Sequence for each unit will be basic and does not include integration to existing systems.
Engineered Control drawings will be produced and sent for approval prior to install. Equipment to be controlled is as follows:
Heat Pump (5)
► Control Module
► Fan -Stop/Start/Status
► Heat/Cool Staging
► Supply and Return Air Temp Sensor
► Economizer Damper Control -New Belimo actuator on existing dampers ► Filter Differential Pressure Sensor
► Space Differential Pressure Sensor
► Bypass Damper Control (FC-1)
► Space Temperature/CO2 sensor with Setpoint Adjust/Override ► 120v to 24v transformer
Heating Unit (2)
► Control Module
► Fan -Stop/Start/Status
► Heat Staging
► Space Temperature/CO2 sensor with Setpoint Adjust/Override ► 120v to 24v transformer
Exhaust Fan (8)
► Fan -Stop/Start/Status
Zone Damper {14)
► Damper Control Module on existing dampers
► Discharge air duct temperature sensor
► Airflow Sensor
► Space Temperature/CO2 sensor with Setpoint Adjust/Override ► 120v to 24v transformer
Services Provided:
► Engineering (to start within 2 weeks of contract acceptance) ► Submittal drawings (please allow 5-6 weeks for submission) ► Programming/Graphics (to be produced near 2/3 way point of controls install) ► Field Project Management
► Checkout/Commissioning
► Warranty on all parts and labor
GENERAL PROVISIONS AND CLARIFICATIONS:
► This Proposal is for the above scope only.
► This proposal is for Direct Digital Controls on the specified equipment listed above only 9570 Ridgehoven Court • Suite B • Son Diego, Cl\ 92123 • Phone 858-292-8642 • Fox 858-292-8650 • License #800423 • wwN sunbeltconlrols corn 13 of 17
April 5, 2022, Item #8
"• ► Installation of all wells, flow meters (gas & water), DP Device piping, valves, and pipe insulation by others. ► All electrical work above SOV and/or work not associated with DDC Controls described in the above scope is excluded. ► All 3 phase motors will need a Mag/Combo Starter for control, devices shall be by others. ► All control wiring will be plenum rated cable in accessible spaces and ran in EMT conduit in mechanical rooms. ► All Fire Alarm System equipment, smoke detectors, fire/smoke dampers, hard wired shut downs and associated work is excluded. The DDC System does not interact with the FLS systems for sequence execution. ► No front end computer is required and is replaced by the extra coordination to place the programming on the District's servers.
► Any cutting, patching, painting, roofing, and parking is not included. ► Mechanical engineering work or repair is not included in this proposal. ► This proposal is for HVAC controls work only -all mechanical work and air balancing is excluded. ► Any demolition, cutting, patching, painting, roofing or roof jacks, and parking is not included. ► Any underground trenching or piping is excluded.
► The removal of, handling of, or the transportation of any hazardous materials is not included. ► Proposal is valid 90 days from proposal date.
► Contract acceptance is subject to Sunbelt's standard terms and conditions.
PRICING:
The price for the above scope of work is: ................................................................... $105,000.00 If you have any questions or comments, please contact me at your convenience.
Sincerely,
Jon Rice
Cell: (619) 831-2996
E-mail: [email protected]
957fJl,Rcl)'fit1i7ven Court• Suite B • San Diego, CA 92123 • Phone 858-292-8642 • Fox: 858-292-8650 • License #800423 • wwvv.sunbeltcontrois.corn April 5, 2022, Item #8
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
15 of 17
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 April 5, 2022, Item #8
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
16 of 17
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 April 5, 2022, Item #8
Cal Gov Code § 7522.56
( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date ofretirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ,ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015.
Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (£)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (£)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
17 of 17 3
April 5, 2022, Item #9
AG EN DA REPORT City of Poway
..
~-1;11 ~-,,~' CITY COUNCIL
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
April 5, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /,vt
Melody Rocco, City Engineer J..{t,
(858) 668-4653, [email protected]
Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2022-23, as required by the TransNet Ordinance
On April 1, 2008, the City Council adopted the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee pursuant to the TransNet Ordinance. The Ordinance calls for the fee to be adjusted annually on July 1 of each year to reflect increases in construction costs. The San Diego Association of Governments (SAN DAG) has informed all the cities and the County of San Diego that the increase in the RTCIP fee for FY 2022-23 is set at 2%. This will increase the City's RTCIP Traffic Mitigation Fee from $2,635.50 to $2,688.21 per new residential unit starting on July 1, 2022.
Recommended Action:
It is recommended that the City Council take public input, close the public hearing and adopt the Resolution (Attachment A).
Discussion:
In November 2004, voters in San Diego County approved a 40-year extension to the existing TransNet program, which was first initiated in 1987. The TransNet program was designed to fund improvements to the region's transportation system through a half-cent sales tax. In addition to the sales tax extension, the TransNet Ordinance mandates implementation of a local traffic mitigation fee to fund missing improvements on the Regional Arterial System. The local traffic mitigation fee, also known as the RTCIP Traffic Mitigation Fee, was set at $2,000 per residential dwelling unit starting on July 1, 2008. Funds collected from this fee will be used for roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Norte, and Scripps Poway Parkway.
On April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee pursuant to the TransNet Ordinance. The TransNet Ordinance mandates that the adopted RTCIP Traffic Mitigation Fee for new 1 of 8
April 5, 2022, Item #9
residential
dwelling
units
be
adjusted
annually
for
construction
cost
inflation,
based
on
the
construction
cost
index,
but
requires
a
minimum
2%
annual
increase.
The
fee
was
increased
by
2%
each
year
from
2009
through
2014,
2.5%
in
2015,
2%
in
2016
and
2017,
3.3%
in
2018,
and
2%
each
year
from
2019
through
2021.
It
is
currently
set
at
$2,635.50
per
residential
dwelling
unit.
SANDAG
has
informed
all
the
cities
and
the
County
of
San
Diego
(Attachment
B)
that
the
percentage
increase
for
FY
2022-23
is
set
at
2%.
This
will
increase
the
City's
RTCIP
Traffic
Mitigation
Fee
from
$2,635.50
to
$2,688.21
per
residential
unit
starting
July
1,
2022,
for
FY
2022-23.
Environmental
Review:
This
item
is
exempt
from
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA},
pursuant
to
Section
15061
(b)(3)
of
the
CEQA
Guidelines,
as
it
entails
a
State-mandated
update
to
a
current
City
fee,
and
there
is
no
possibility
that
this
will
have
a
significant
effect
on
the
environment.
Fiscal
Impact:
Using
the
new
fee
of
$2,688.21
per
new
residential
dwelling
unit
and
the
anticipated
development
for
next
fiscal
year,
estimated
revenue
of
$954,315
is
projected
for
FY
2022-23.
Public
Notification:
A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
March
24,
2022.
A
second Notice
of
Public
Hearing
was
published
in
the
same
publication
on
Thursday,
March
31,
2022. Attachments: A.
Resolution
B.
SANDAG
Agenda
Item
No.
4 dated
February
25,
2022
Reviewed/
Approved
By:
Assistant
City
Manager
2 of
8 Reviewed
By:
Alan
Fenstermacher
City
Attorney
City
Manager
April 5, 2022, Item #9
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
APPROVING
A
2%
INCREASE
IN
THE
REGIONAL
TRANSPORTATION
CONGESTION
IMPROVEMENT
PROGRAM
(RTCIP)
TRAFFIC
MITIGATION
FEE
FOR
THE
FISCAL
YEAR
(FY)
2022-23,
AS
REQUIRED
BY
THE
TRANSNET
ORDINANCE
WHEREAS,
in
November
2004,
voters
in
San
Diego
County
approved
a 40-year
extension
to
the
existing
TransNet
program
to
fund
improvements
to
the
region's
transportation
system;
WHEREAS,
the
extension
Ordinance
requires
local
agencies
to
collect
traffic
mitigation
fees,
starting
July
1,
2008,
. from
residential
dwelling
units
to
fund
the
Regional
Transportation
Congestion
Improvement
Program
(RTCIP)
to
ensure
that
new
development
directly
invests
in
the
region's
transportation
system
to
offset
the
negative
impact
of
growth
on
congestion
and
mobility;
WHEREAS,
on
April
1,
2008,
the
City
Council
adopted
the
RTCIP
Traffic
Mitigation
Fee
of
$2,000
per
residential
dwelling
unit
pursuant
to
Section
9A
of
the
TransNet
Ordinance;
WHEREAS,
Section
9A
of
the
TransNet
Ordinance
also
mandates
that
the
RTCIP
Traffic
Mitigation
Fee
shall
be
increased
annually,
in
an
amount
not
to
exceed
the
percentage
increase
set
forth
in
the
Engineering
Construction
Cost
Index
published
by
the
Engineering
News
Record
or
similar
cost
of
construction
index
with
a
minimum
increase
of
2%;
WHEREAS,
the
City
Council
has
adopted
annual
increases
to
the
RTCIP
Traffic
Mitigation
Fee
and
the
current
fee
is
$2,635.50
per
residential
dwelling
unit,
pursuant
to
Section
9A
of
the
TransNet
Ordinance;
WHEREAS,
SANDAG
has
informed
the
City
that
the
percentage
increase
in
the
RTCIP
Traffic
Mitigation
Fee
for
FY
2022-23
is
set
at
2%;
and
WHEREAS,
the
City
Council
intends
by
this
Resolution
to
increase
the
City's
RTCIP
Traffic
Mitigation
Fee
from
$2,635.50
to
$2,688.21
per
residential
dwelling
unit
to
meet
the
requirement
of
Section
9A
of
the TransNet
Ordinance.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
The
City
Council
finds
that
the
adoption
of
this
Resolution
is
exempt
from
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA),
pursuant
to
Section
15061
(b)(3)
of
the
CEQA
Guidelines,
as
it
entails
State-mandated
updates
to
current
City
regulations,
and
there
is
no
possibility
that
this
will
have
a
significant
effect
on
the
environment.
SECTION
2:
The
City
Council,
starting
July
1,
2022,
hereby
increases
the
RTCIP
Traffic
Mitigation
Fee
from
$2,635.50
to
$2,688.21
per
residential
dwelling
unit,
regardless
of
type,
to
fund
roadway
and
traffic
signal
improvements
on
Espola
Road,
Poway
Road,
Pomerado
Road,
Twin
Peaks
Road,
Community
Road,
Ted
Williams
Parkway,
Camino
Del
Norte,
and
Scripps
Poway
Parkway
considered
part
of
the
Regional
Arterial
System.
3 of
8 ATTACHMENT
A
April 5, 2022, Item #9
Resolution
No.
22-
Page
2 PASSED,
ADOPTED
AND
APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
5th
day
of
April
2022
by
the
following
vote,
to
wit:
AYES: NOES
:
ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
4of8
April 5, 2022, Item #9
SA ltem:4
Boa rd of Directors February 25, 2022
TransNet Regional Transportation Congestion
Improvement Program Proposed Fee Adjustment
Overview
The TransNet Extension Ordinance requires the
18 cities in the San Diego region and the
County of San Diego to collect a
Regional Transportation Congestion
Improvement Program {RTCIP) fee from the
private sector for each new housing unit
constructed in its jurisdiction, with certain
exceptions, including low-income residential
units and accessory dwelling units.
The purpose of this fee is to help ensure that
future development contributes its proportional
share of the funding needed to pay for the
impact of new growth on the Regional Arterial
System and related regional transportation
facility improvements as defined in the most
recent Regional Transportation Plan adopted by
SANDAG.
Key Considerations
SAN DAG is required to adjust the minimum
RTCIP fee amount on July l, of each year based
on an analysis of construction cost indices, but
never less than 2%. The purpose of this annual
adjustment is to ensure that the RTCIP retains
its purchasing power to improve the Regional
Arterial System.
Action: Approve
The Board of Directors is asked to
approve a 2% adjustment to the
Regional Transportation Congestion
Improvement Program, raising the
minimum fee from $2,635.50 to
$2,688.21 beginning July l 2022.
Fiscal Impact:
The Regional Transportation
Congestion Improvement Program
(RTCIP) fee would increase from
$2,635.50 to $2,688.21 beginning July l,
2022.
Schedule/Scope Impact:
The RTCI P fee is collected for each new
housing unit constructed (with certain
exceptions) and may be used for
projects on the Regional Arterial
System, such as new or widened
arterials, traffic signal coordination,
freeway interchange and related
improvements, railroad grade
separations, and improvements
required for express bus and rail transit.
Based on an analysis of construction cost trends and relevant indices, staff recommends a 2% fee adjustment to the RTCIP, raising the minimum RTCIP fee from $2,635.50 to $2,688.21 beginning July l, 2022, (Attachment l). Due to past engineering Construction Cost Index {CCI) increases being less than 2%, the steep rise in construction costs in 2021 means that the CCI has only now matched the RTCIP increases. The current recommendation is enough to ensure that the RTCIP fee maintains its purchasing power to complete necessary transportation improvements, though an increase higher than 2% may be needed next year.
Further detail can be found in Attachment l.
The TransNet Independent Taxpayer Oversight Committee reviewed this item at its February 9, 2022, meeting, and had no significant comments. 5 of 8 ATTACHMENT B
April 5, 2022, Item #9
Next Steps
In accordance with TransNet Extension Ordinance provisions\ each jurisdiction's RTCIP funding program must be submitted for review by the Independent Taxpayer Oversight Committee (ITOC) by Aprill, of each year to remain eligible for TransNet local street and road funding. The annual submittal of RTCIP funding programs by local jurisdictions is scheduled for review at the April 13, 2022, ITOC meeting.
Susan Huntington, Director Financial Planning and Budgets Key Staff Contacts: Ariana zur Nieden (619) 699-6961, [email protected] Jim Miller, (619) 699-1964,[email protected]
Attachment: l. Discussion Memo
1 Section 9 of the TransNet Extension Ordinance requires that local jurisdictions establish a program or mechanism for funding the RTCIP. For purposes of the RTCIP, the Regional Arterial System is defined in the most recent Regional Transportation Plan adopted by SANDAG. 6 of 8 2
April 5, 2022, Item #9
Attachment l
Discussion Memo
Background
The TransNet Extension Ordinance requires the 18 cities and the County of San Diego to collect a fee from the private sector for each new housing unit1 constructed in that jurisdiction for contribution to the Regional Transportation Congestion Improvement Program (RTCIP}. RTCIP revenue is required to be used to construct improvements on the Regional Arterial System, such as new or widened arterials, traffic signal coordination and other traffic improvements, freeway interchange and related freeway improvements, railroad grade separations, and improvements required for express bus and rail transit.
The Ordinance further requires SAN DAG to adjust the RTCIP fee amount each year, and states that in no event shall the adjustment be less than 2% per year or more than the percentage increase set forth in the Engineering Construction Cost Index (CCI} published by the Engineering News Record (ENR}, or a similar CCI. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System and to help ensure future development contributes its proportional share of the funding needed to pay for the impact of new growth on the Regional Arterial System and related regional transportation facility improvements, as defined in the most recent Regional Transportation Plan adopted by SAN DAG.
The RTCIP funding programs fall under the responsibility of the 79 local jurisdictions, which must maintain their RTCIP funding programs and comply with specific administrative requirements in order to remain eligible for TransNet local street and road funding.
The RTCIP has been implemented in the San Diego region since July l, 2008. Annual RTCIP fee adjustments, funding program reports, and related audits can be found at sandag.org/rtcip. Relevant excerpts can be referenced at TransNet Extension Ordinance and SAN DAG Board Policy No. 031.
Analysis of Construction Cost Indices
SAN DAG staff evaluated changes recorded in the ENR Los Angeles CCI, which is based on monthly price changes in four areas: lumber, cement, structural steel, and labor. Los Angeles reflects construction cost trends similar to those in San Diego. During the period that covers December 2020 to December 2021 (latest available data}, the ENR Los Angeles CCI increased by 7.0%, after an annual increase in 2020 of only 0.3%. The ENR National CCI grew by 7.4% in 2027.
As cost indices show some volatility, it is important to focus on the longer-term picture from 2008, when the RTCIP was first instituted, when considering the required annual adjustment.
The cumulative growth of the RTCIP from 2008 through 2021 was 37.8%, with the ENR Los Angeles CCI seeing a 37.4% growth over the same period. The chart below shows how the RTCIP and the ENR Los Angeles CCI compare over time. It shows that by maintaining the annual adjustment at the minimum 2% increase required, the RTCIP has kept pace with inflation and retained its purchasing power.
1 Units constructed for extremely low-, very low-, low-, and moderate-income households may be exempted.
7 of 8 3
April 5, 2022, Item #9
Construction Cost Index
(2008 = 100)
135
130
125
120
115
110
105
100
95 Comparing Construction Costs (2008=100)
TransNet RTCIP vs. ENR LA CCI
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 -TransNet RTCIP-ENR CCI -LA
As predicted, construction costs (and inflation generally) surged in the second half of 2021, after construction (and the economy generally) was negatively affected by the COVID-19 related recession in 2020 and the beginning of 2021.
The Ordinance requires SAN DAG to adjust the RTCIP fee amount each year and states that in no event shall the adjustment be less than 2% per year or more than the percentage increase set forth in the Engineering CCI published by the EN R, or a similar CCI. The most recent available data shows LA CCI increased much more than the minimum 2%, but staff recommends the RTCIP be adjusted only by the required minimum of 2% in 2022. Even though CCI inflation has accelerated from its previous low pace, this 2% increase is enough to ensure that the RTCIP fee maintains its purchasing power to complete necessary transportation improvements due to past CCI increases being less than 2%.
Staff will also continue monitoring the performance of the economy, and the construction cost indices. If global economic growth continues to surge in 2022, putting additional pressure on commodity prices and labor costs, it could result in another large CCI increase.
This could potentially necessitate an increase larger than the minimum 2% RTCIP increase for 2023.
8 of 8 4
April 5, 2022, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 5, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /,v1,
Sara Trunzo, Associate Civil Engineer 71 (858) 668-4622 or [email protected]
CITY COUNCIL
An Ordinance of the City of Poway to relinquish a 0.017-acre portion of a 5.21- acre privately-owned open space lot (Assessor Parcel Number 317-534-43) in exchange for 0.017 acres of undisturbed adjacent land.
Poway Municipal Code (PMC) Section 16.16.110 requires that City Council adopt an Ordinance in order to relinquish open space land. The owner of Lot 7 of the Aria Estates Development on Aria Court (Assessor Parcel Number (APN) 317-534-41) is proposing a boundary adjustment to acquire 0.017 acres of a 5.21-acre open space lot, Lot B (APN 317-534-43), in order to widen the western side yard of the lot by six feet. The open space lot is privately owned with an open space easement dedicated to the City. The owner is proposing to add an equal amount of vacant undisturbed land from his parcel to the open space parcel so there is no net loss in open space area as required by the PMC.
Recommended Action:
It is recommended that the City Council take public input, close the public hearing, introduce the Ordinance (Attachment A) by title only, waive further reading, and schedule adoption for April 19, 2022. The Ordinance must be approved by a four-fifths vote of the City Council.
Discussion:
The applicant, Mostafa Panah, owns a 0.72-acre parcel on Aria Court. The parcel is immediately adjacent to and east of a 5.21-acre open space lettered lot owned by the Aria Estate Association with an open space easement dedicated to the City (Attachment 8). The open space easement was dedicated to the City with the subdivision for Tentative Tract Map No. 17-003 in December 2019. The applicant has requested to adjust the property line shared with the open space in order to accommodate a recreational vehicle driveway area on the west side of the home. The proposed property line location would be moved approximately six feet to provide a 12-foot setback where the property line is adjacent to the house. The remainder of the property line would be angled back so that an equivalent area (approximately 753 SF or 0.17 acres) is exchanged with the open space parcel.
The Boundary Adjustment Site Plan (Attachment C) shows the existing and proposed property lines. 1 of7
April 5, 2022, Item #10
Section 16.16.110 of the PMC (Attachment D) allows the relinquishment of City open space by an Ordinance approved by four-fifths vote of the City Council, provided the specified findings can be made. The subject Ordinance has been prepared and the required findings to support the relinquishment of open space can be made. The findings are that along with the release of the portion of the open space easement, an exchange for property of equal size and quality for open space is being dedicated to the City as open space easement, concurrent with the transfer of the subject property. The impacted open space property would be exchanged for adjacent, equal size and comparable quality property and habitat from Mr. Panah's lot (APN 317-534-41) if the Council approves the recommended Ordinance.
If the Ordinance is approved, a Boundary Adjustment application will be processed administratively to adjust the subject portions of the open space and residential lots.
Environmental Review:
This project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) and 15325(f) of the CEQA Guidelines, in that there is no possibility that it will have a significant effect on the environment because the Ordinance involves the transfer of an equal amount of unpreserved land and preserved open space land, between two adjacent parcels, with no impact to habitat.
Fiscal Impact:
There is no fiscal impact with this action. The Ordinance will result in an exchange of open space land for vacant undeveloped, unencumbered property from the residential property of equal size and quality for use as open space.
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property owners and occupants within 500-feet of the subject site.
Attachments:
A. Ordinance
B. Zoning and Location Map
C. Boundary Adjustment Site Plan
D. Section 16.16.11 O of the PMC
Reviewed/ Approved By:
Wendy)<aserman
Assistant City Manager
2 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
April 5, 2022, Item #10
ORDINANCE
NO.
AN
ORDINANCE
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
PURSUANT
TO
SECTION
16.16.110
OF
THE
POWAY
MUNICIPAL
CODE
CONCERNING
RELINQUISHMENT
OF
OPEN
SPACE
(APN
317-534-43)
WHEREAS,
Section
16.16.110
of
the
Poway
Municipal
Code
sets
forth
the
standards
concerning
relinquishment
of
dedicated open
space
of
the
City,
by
a
four-fifths
vote
of
the
City
Council;
WHEREAS,
Mostafa
Panah
has
requested
an
adjustment
of
privately-owned
property
with
an
open
space
easement
dedicated
to
the
City,
which
will
allow
the
development
of
a
recreational
vehicle
storage
area
encroaching
into
a
portion
of
a
privately-owned
open
space
lot
(APN
317-
534-43);
WHEREAS,
transfer
of
the
approximately
0.017
acres
of
open
space
shall
be
exchanged
for
property
of
equal
size
and
quality
for
open
space
and
will
be
transferred
to
the
Aria
Estate
Association
concurrent
with
the
transfer
of
the
subject
property
as
required
by
Poway
Municipal
Code
16.16.11 0(A)(2);
and
WHEREAS,
on
April
5th,
2022,
the
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public,
both
pro
and
con,
relative
to
this
application.
NOW,
THEREFORE,
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY
DOES
ORDAIN
AS
FOLLOWS:
SECTION
1:
The
above
recitations
are
true
and
correct.
SECTION
2:
The
City
Council
finds
that
the
adoption
of
this
Ordinance
is
exempt
from
the
provision
of
the
California
Environmental
Quality
Act
(CEQA),
pursuant
to
Section
15061
(b)(3)
of
the
CEQA
Guidelines,
because
there
is
no
possibility
that
it will
have
a
significant
effect
on
the
environment
because
the
Ordinance
entails
the
implementation
of
existing
regulations
that
result
in
an
equal
transfer
of
land
to
preserve
open
space.
SECTION
3:
The
finding
is
in
accordance
with
Section
16.16.11 0(A)(2)
of
the
Poway
Municipal
Code,
to
approve
the
subject
Ordinance
to
allow
the
relinquishment
of
an
approximate
0.017-acre
portion
of
a
5.21-acre
open
space
lot
owned
by
the
Aria
Estate
Association
with
an
open
space
easement
dedicated
to
the
City
and
known
as
Assessor
Parcel
Number
317-534-43.
SECTION
4:
This
Ordinance
shall
be
codified.
EFFECTIVE
DATE:
This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption.
CERTIFICATION/PUBLICATION:
The
City
Clerk
shall
certify
the
adoption
of
this
Ordinance
and
cause
it
or
a
summary
of
it,
to
be
published
with
the
names
of
the
City
Council
members
voting
for
and
against the
same
in
the
Poway
News
Chieftain,
a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§36933. 3
of7
ATTACHMENT
A
April 5, 2022, Item #10
Ordinance No. ***