Poway City Council
April 19, 2022

April 19, 2022, Item #5
DATE: TO: FROM: CONTACT: SUBJECT: Summary:

AGENDA
RE
PO
RT
City
of
Poway
CITY

COUNCIL
April
19,
2022
Honorable
Mayor
and
Members
of
the
City
Council
Eric
Heidemann,
Director
of
Public
Works
i~
'Y
Will
Wiley,
Assistant
Director
of
Public
Works
for
Maintenance
Operation
·
'
(858)
668-4705
or
[email protected]
Award
of
Agreement
to
The
Arc
of
San
Diego
for
Parks
Ground
Maintenance
Services
The
City
of
Poway
(City)
seeks
to
continue
partnering
with
The
Arc
of
San
Diego
to
provide
parks
ground
maintenance
services
through
a
vocational
service
program
for
adults
with
disabilities.

The
City
has
partnered
with
The
Arc
of
San
Diego
since
1998
for
these
services,
and
the
current
agreement
expires
on
April
30,
2022.

In
order
to
continue
this
partnership,
the
City
seeks
to
enter
into
a
new
agreement
with
The
Arc
of
San
Diego
for
these
services.

The
term
of
the
agreement
is
one
(1)
year,
beginning
May
1,
2022,
through
April
30,
2023.

The
agreement
may
be
extended
through
a total
of
two
(2)
separate
one-year
extensions,
subject
to
City
Council
appropriation
of
funds.

The
maximum
length
of
the
agreement
will
be
up
to
three
(3)
years.

Recommended
Action:

It
is
recommended
that
the
City
Council
approve
an
agreement
for
parks
ground
maintenance
services
with
The
Arc
of
San
Diego
and
authorize
the
City
Manager
to
execute
any
necessary
documents. Discussion: The
City
has
partnered
with
The
Arc
of
San
Diego
since
1998
to
provide
job
training
programs
for
adults
with
disabilities.

The
Arc
of
San
Diego
is
a
not-for-profit
organization
and
one
of
the
region's
largest
human-services
agencies
that
provides
resources
and
training
to
people
with
disabilities.

The
organization's
focus
is
to
provide
workforce
training
to
support
and
empower
people
with
disabilities.

The
City
has
a
current
agreement
with
The
Arc
of
San
Diego,
but
the
agreement
expires
on
April
30,
2022.

In
order
to
continue
this
partnership,
staff
recommends
entering
into
a
new
agreement
with
The
Arc
of
San
Diego
for
these
services.

Under
the
agreement,
The
Arc
of
San
Diego
will
provide
four
(4)
trainee
positions
and
a job
coach
to
perform
parks
ground
maintenance
services
at
various
parks
in
the
City
through
a
vocational
1 of
20 April 19, 2022, Item #5
program.

Services
will
include
minor
landscape
maintenance
and
litter
abatement.

Trainees
will
work
four
(4)
days
during
the
week,
four
(4)
hours
a
day.

The
partnership
between
the
City
and
The
Arc
of
San
Diego
provides
individuals
who
may
have
little
or
no
work
history
the
opportunity
to
learn
job
skills,
build
workplace
confidence,
and
gain
self-esteem
through
vocational
training.

The
overall
goal
of
the
partnership
is
to
facilitate
opportunities
for
trainees
to
find
and
retain
stable
employment
in
the
community.

The
initial
term
of
the
new
agreement
with
The
Arc
of
San
Diego
is
one
(1)
year
from
May
1,
2022,
through
April
30,
2023.

The
agreement
may
be
extended,
subject
to
City
Council
appropriation
of
funds,
through
a total
of
two
(2)
separate
one-year
extensions.

The
maximum
length
of
the
agreement
will
be
up
to
three
(3)
years.

The
cost
of
the
agreement
for
the
first
year
is
a
sum
not-to-exceed
$69,042.72;
the
costs
for
year
two
and
year
three
will
be
reevaluated
at
the
time
of
extension.

The
cost
for
these
services
has
increased
due
to
the
State
of
California
mandated
increase
in
minimum
wage
effective
January
1,
2022,
as
well
as
another
increase
expected
for
January
1,
2023.

With
the
increase
in
cost
for
these
services,
grant
funds
from
the
CalRecycle
Beverage
Container
Recycling
Grant
can
be
utilized
to
supplement
the
budget
for
the
litter
abatement
portion
of
services
provided
by
the
Arc
of
San
Diego.

This
agreement
is
mutually
beneficial
for
The
Arc
of
San
Diego
and
the
City.

The
Arc
of
San
Diego
is
able
to
supplement
City
staff
in
the
beautification
of
City
parks,
while
the
City
is
able
to
provide
a safe
environment
for
participants
to
do
meaningful
work
while
acquiring
skills
that
may
help
them
find
employment
through
this
vocational
program
and
partnership.

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
2021-22
budget
in
the
Park,
Trail
and
Landscape
Maintenance
Division
(414040-41200)
and
the
Beverage
Container
Recycling
Program
(PG025).

Amounts
for
subsequent
fiscal
years
will
be
included
in
the
annual
budget
process
for
Council's
consideration. Public
Notification:

None. Attachments: A.

Agreement
with
The
Arc
of
San
Diego
Reviewed/
Approved
By:

Assistant
City
Manager
2 of20
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
~ City
Manager
April 19, 2022, Item #5
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
The
Arc
of
San
Diego
(hereinafter
referred
to
as
"Contractor").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
of
a
private
contractor
for
the
operation
of
a training
program
at
various
parks
throughout
the
City
(Project);
and

WHEREAS,
Contractor
is
a
human-services
non-profit
that
provides
training
to
adults
with
developmental
disabilities
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
"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
3 of20

ATTACHMENT
A
April 19, 2022, Item #5
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.
4of20
April 19, 2022, Item #5

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 of20
(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.

April 19, 2022, Item #5

DISCLOSURE
DETERMINATION:
[8J

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. 6of20
April 19, 2022, Item #5

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.
7 of20
April 19, 2022, Item #5
(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
1 S(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.
8 of20
April 19, 2022, Item #5

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.
9 of20
April 19, 2022, Item #5

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
20 April 19, 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:

THE
ARC
OF
SAN
DIEGO
By:
___________
_
Pete
Sciabarra,
Senior
Director
of
Employment
Services
Date:
------------
By:-----------­
Alan
Fenstermacher,
City
Attorney
11 of
20 April 19, 2022, Item #5
A.
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
Scope
of
Services.

Contractor
agrees
job
training
services
as
required
by
City,
which
shall
consist
of
the
daily
routine
ground
maintenance
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposal
dated
March
10,
2022,
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
Proposal
submitted
with
the
proposal
dated
March
10,
2022,
which
is
included
in
this
document
as
Attachment

1. For
year
one
of
the
Agreement,
the
City
agrees
to
pay
Contractor
the
sum,
not
to
exceed
$69,042.72.

On
or
after
May
1,
2023,
the
rate
may
be
adjusted
by
the
City
as
provided
herein
solely
on
the
basis
of
the
change
in
the
Consumer
Price
Index
for
All
Urban
Consumers
(CPI-U)
for
the
San
Diego-Carlsbad
area,
provided,
however,
that
those
adjustments
in
rates
based
solely
on
the
change
in
CPI-U
will
not
exceed
five
(5)
percent
per
annum.

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
May
1,
2022,
and
ending
April
30,
2023,
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.
12 of
20 April 19, 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
20 April 19, 2022, Item #5
E.

Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
14 of
20 To
City:

To
Contractor:

City
of
Poway
P.O.

Box
789
Poway,
CA
92074
The
Arc
of
San
Diego
3030
Market
Street
San
Diego,
CA
92102
(Remainder
of
page
intentionally
left
blank)
April 19, 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)
15 of
20 (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 19, 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
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
20 (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 19, 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 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).
17 of
20 April 19, 2022, Item #5
of
San
Diego March
10,
2022

ATTACHMENT
1 Anthony
DeSalis,
President
&
CEO
•
Esther
Coit,
Board
Chair
•
www.arc-sd.com
3030
Market
Street
•
Tel
619 685-1175
San
Diego,
CA
92102
.

Fax
619
234-3759
The
Arc
of
San
Diego
is
submitting
this
proposal
to
provide
ground
maintenance
services
for
the
City
of
Poway
(Customer)
for
the
calendar
period
of
5/1/2022-4/30/2023.

The
State
of
California
mandated
increase
in
minimum
wage
to
$15.00
per
hour
went
into
effect
January
1,
2022.

The
expected
minimum
wage
increase
for
2023
is
estimated
to
be
a
minimum
of
$16.00
per
hour
on
January
1,
2023.

These
pay
rates
have
been
averaged
for
the
contract
period
and
cause
an
increase
in
the
labor
costs
required
to
provide
the
contracted
services
and
thus
require
us
to
increase
our
rate
to
recoup
these
new
costs.

Additionally,
due
to
our
terrific
longstanding
partnership
with
the
City
of
Poway,
we
continue
to
not
charge
the
customer
for
vehicle
costs,
transportation
and
the
ever
increasing
fuel
costs
associated
with
transportation
of
our
crews. The
Arc
of
San
Diego
is
sincerely
grateful
for
the
opportunity
to
continue
to
operate
this
training
program
at
the
City
of
Poway's
various
park
locations
to
train
adults
with
developmental
disabilities
to
work
in
the
ground maintenance
industry.

Details
of
our
services
provided
below:

1. Trainees
The
Arc
of
San
Diego
will
provide
the
trainees.

The
trainees
will
be
selected
by
The
Arc
of
San
Diego.

Customer
will
have
the
opportunity
to
provide
feedback
regarding
trainee
selection
upon
request.

2. Staff
A
Job
Coach
will
be
on
the
premises
at
all
times
that
the
trainees
are
working.

The
job
coach
will
be
an
employee
of
The
Arc
of
San
Diego.

Their
primary
responsibility
will
be
to
train
and
to
supervise
the
consumers
and
to
ensure
that
the
work
is
performed
to
Customer's
specifications.

3. Work
Period
Trainees
perform
ground
maintenance
services
at
Customer's
various
sites
as
scheduled
Monday,
Tuesday,
Thursday
and
Friday
8:00
am
-12:00
pm.

Day
and
time
may
be
adjusted
by
customer
with
at
least
48 hours
adva
need
notice.

4. The
Arc
of
San
Die
go
Res
ponsibilities
a.

Identify
and
provide
a
labor
force
of
trainees
with
disabilities
sufficient
to
perform
the
Scope
of
Work.
b.

Complete
the
agreed
work
to
be
performed
in
Schedule
A.
c.

Provide training
assistance
and
support
for
the
trainer
and
trainees,
and
enforce
customer's
personnel
polides,
procedures,
dress
code,
work
habits
and
responsibilities
as
they
pertain
to
the
trainees.
d.

Provide
remuneration
to
the
trainees
for
the
work
performed.

The
Arc
of
San
Diego
does
not
pro-rate
the
monthly
fee
for
trainees
absences,
instead
the
Job
Coach
will
become
a working
member
of
the
team.

The
Arc
of
San
Diego
does
pro-rate
the
monthly
fee
for
rain
days.

Achieve
with
us.
18 of
20 April 19, 2022, Item #5

ATTACHMENT
1 e.

Provide
Worker's
Compensation
insurance,
employee
benefits,
etc.
for
trainees.
f.

Provide
proof
of
insurance
to
Customer
on
request.
g.

Share
with
customer
responsibility
of
providing
a
safe
working
environment
that
conforms
to
OSHA
standards

5. Customer's
Res
ponsibilities
a.

Reimburse
The
Arc
of
San
Diego
for
the
work
performed
by
the
trainees
in
the
amount
of:

May
1,
2022
through
April
30,
2023
-$5,753.56
per
month.

This
amount
shall
be
invoiced
monthly
in
arrears.

This
amount
includes
trainee
benefits,
payroll
taxes,
services,
Worker's
Compensation,
liability
insurance,
etc.
b.

Provide
all
equipment
and
supplies
necessary
for
the
performance
of
the
work
assigned.
c.

Provide
enough
work
to
keep
the
agreed-upon
number
of
trainees
engaged
in
work
while
on
site.

6. Renewal
O
ptions
The
Arc
requests
the
terms
to
be
reevaluated
and
renewed
in
yearly
option
periods
for
a
period
not
to
exceed
three
years
(May
1,
2022-April
30,
2025)
with
a
proposed
yearly
update
to
services
and
reimbursement.

We
look
forward
to
continuing
our
community
partnership
and
we
truly
appreciate
the
opportunity
of
providing
employment
opportunities
to
the
individuals
we
serve.
&
'
(~
~
L/e,&,
Jc
✓.a-Va'/U,a
Peter
J.

Sciabarra,
Ph.D.

Senior
Director
Arc
Community
Employment
Services
19 of
20 April 19, 2022, Item #5
ATTACHMENT 1
POWAY Schedule A
The Arc of San Diego -Daily Routine/Schedule
Monday -Lake Poway
Clean the fish cleaning table
Empty the hot coal bins and BBQs (Only if the coals are cool) Pick up the ground trash
Remove the full trash can bags and replace with new bags Place the full trash bags near the parking lot curb for City staff to pick up Rake, sweep and blow off the playground surfaces
Sweep the ball field dugouts
Tuesday -Old Poway and Aubrey Park
Empty the hot coal bins and BBQs (Only if the coals are cool) Pick up the ground trash
Remove the full trash can bags and replace with new bags Place the full trash bags near the parking lot curb for City staff to pick up Rake, sweep and blow off the playground surfaces
Rake leaves, as needed, around the picnic tables and ball field walking path Sweep the boardwalk along Midland Road of fallen Olives, as needed Pick up trash in the following parking lots; Hamburgerfactory, Old Midland, Veterinarian Clinic, Aubrey Park and Farmers Market
Sweep around the carriage turn, park fountain and park benches Thursday -Community Park
Meet with an off-cite crew to work in one of the following areas:

Pick up ground trash, leaves and debris along the Pomerado Road south wall, beginningjustsouth of Robison and heading north towards Glen Oak.

Pick up ground trash, leaves and debris along the Carriage Road medians, beginning at Poway Road and heading north to the entrance of Starridge Park.

Pick up ground trash, leaves, debris and remove weeds atthe northwest corner of Community Road and Metate Lane.

Friday -Community Park
Meet with an off-cite crew to work in one of the following areas:

Continue picking up ground trash, leaves and debris along the Pomerado Road south wall heading north to Glen Oak.

Pick up ground trash, leaves and debris along the Carriage Road medians, heading north to the entrance of Starridge Park.

Pick up ground trash and debris at the Community Park parking lot and picnic areas Clean up the planters by removing spent flowers and weed and raking up leaves around the buildings and pool area.
20 of 20