Agenda packet — Poway City Council, May 3, 2022

ff 0(~ AG E N DA Poway City Council
~ Council Chamber I 13325 Civic Center Drive I Pow ay, CA I 92064 May 3, 2022 I 7 p.m.

Thank you for participating in your local government and the City of Poway Council meetings.

Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m.

Meetings I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.

Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.

IN-PERSON SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered . Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes.

To Watch Live:
www .poway.org/councilmeetings
To Speak and Participate Remotely:

Go to: www .poway.org/meeting and join using
"Computer Audio"
If your electronic device has no microphone or
speakers:

Call: (877) 853 - 5247
Enter Meeting ID: 623 291 9830
Enter Participant ID provided on your computer
PLEASE NOTE: If you wish to participate, please
also read the Speakers section for detailed
instructions as it has changed.

REMOTE SPEAKERS: If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to Steve Vaus
Mayor
John Mullin
Deputy Mayor
Dave Grosch
Council member
Caylin Frank
Councilmember
Barry Leonard
Councilmember
speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting.

Techn ical Support I For more information on how to connect, visit www.poway.org/meetinghelp .

Agenda Materials I This agenda contains a brief summary of each item the Council will consider.

The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https:/ /poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation.

American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.

The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:

ROLL CALL:

PLEDGE OF ALLEGIANCE:

MOMENT OF SILENCE:

PRESENTATION:

Poway Neighborhood Emergency Corps (PNEC) 2022 Emergency Safety Fair Presentation PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forwar d b y t he general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.

Speakers have one opportu nity to address the Council under Public Comment. 2 of 4 Regular City Council Meeting May 3, 2022
CONSENT CALENDAR: The Consent Calendar may be enacted in one mot ion by the Council with a Roll Ca ll Vote without discussion unless a Councilmember, a membe r of the publ ic, or City Manager requests that an item be removed for discussion.

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Approval of the March 15, 2022 Regular City Council Meeting Minutes

3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic

4. Approval of Agreement between the City of Poway and DeAngelo Contracting Services, LLC. for Vegetation Management Services; RFP 22-021

5. Approval of a First Amendment to the Agreement with Dudek for Environmental and Biological Fieldwork; RFP No. 20-019

6. Award of Contract to Blue Pacific Engineering Construction, Inc. for Booster Pump Replacement; Bid No. 22-001

7. City's Investment Report as of March 31, 2022
ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION :

8. Second Reading and Adoption of Ordinance No. 856 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 17.40 (Comprehensive Sign Regulations) of the Poway Municipal Code."
City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 856.

PUBLIC HEARINGS: None
STAFF REPORTS: None
WORKSHOPS: None
COUNCIL -INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS : Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS: None
3 of 4 Regular City Council Meeting May 3, 2022
CITY ATTORNEY ITEMS : (Including any publ ic report of any action taken in closed session)

9. Conference with Legal Counsel - Anticipated Litigation Government Code § 54956.9(d)(2) - one (1) case

ADIOURNMENT
State of California
County of San Diego
)
) 55.
)

AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on April 26, 2022.

Said meeting to be held at 7:00 p.m., May 3, 2022, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting May 3, 2022
May 3, 2022, Item #2
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

May 3, 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 March 15, 2022 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• March 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 March 15, 2022 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. March 15, 2022 Regular City Council Meeting Minutes
Reviewed/ Approved By:
w~~s~
Assistant City Manager
1 of 6
Reviewed By:

Alan Fenstermacher
City Attorney
May 3, 2022, Item #2
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
March 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 Karla Menzies, 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
Yuri Bohlen requested an update on veterans and disabled adults affordable housing initiative and suggested that the City may wish to become involved with the Wounded Warriors Project. 2 of6 Attachment A
May 3, 2022, Item #2
City of Poway -Minutes -March 15, 2022

CONSENT CALENDAR
Councilmember Leonard pulled Item #9.

Motioned by Mayor Vaus, seconded by Councilmember Leonard to approve Consent Calendar Items 1 through 10. Motion carried 5/0 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 February 1, 2022 Special and Regular City Council Meeting Minutes and February 23, 2022 Special City Council Meeting Minutes

3. Adoption of Resolution No. 22-013 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. Annual Report -Implementation of the General Plan in 2021

5. Approval of a First Amendment to the EDCO Solid Waste Franchise Agreement to Comply with State Mandated Organic Waste Disposal Requirements

6. Approval of Consultant Agreement with BrainShine for the Community Services Guide Graphic Artist

7. Acceptance of the Exposed Sewer East of Martincoit Project; Bid No. 21-012 with Blue Pacific Engineering & Construction, as Complete
Yuri Bohlen spoke on item #8 inquiring on the Welcome to Poway sign placement and provided his opinion on a potential location for its placement.

City Manager Chris Hazeltine stated the Sign Replacement Project will replace an approximately one year-old sign which had been damaged by a vehicle.

8. Award of Contract to Tri-Group Construction and Development, Inc. for the Welcome to Poway Sign Replacement Project; Bid No. 22-004
Councilmember Leonard pulled item #9 for discussion. He noted the completion of a recent performance evaluation of City Manager Chris Hazeltine. The City Council recognized Mr.

Hazeltine for some key accomplishments during his tenure in addition to noting unanticipated challenges he has faced.

Council unanimously concurred and thanked City Manager Hazeltine and staff for their work.

9. Approval of Amendment to Employment Agreement for the City Manager 3 of6
May 3, 2022, Item #2
City
of
Poway
-
Minutes
-
March
15,
2022
Yuri
Bohlen
spoke
on
item
#10,
questioning
if
the
homes
will
be
part
of
the
Regional
Housing
Needs
Allocation
(RHNA)
Assessment.

10. Approval
of
Final
Map
for
Tentative
Tract
Map
17-005
(Hidden
Valley
Ranch
Subdivision);
Barbara
Malone,
Applicant.
(APNs:
277-070-34-00,
277-240-01-00
thru
277-240-18-00
and
277-241-01-00
thru
277-241-17-00)

ORDINANCES
FOR
INTRODUCTION:

None. ORDINANCES
FOR

ADOPTION
None. PUBLIC
HEARINGS:

None. STAFF

REPORTS

11. Agreement
with
the
County
of
San
Diego
and
the San
Diego
County
Sheriff
for
Municipal
Law
Enforcement
Services
Mayor
Vaus
noted
the
attendance
of
Assistant
Sheriff
of
Law
Enforcement
Services
Dave
Brown
and
welcomed
new
Sheriff
Captain,
Karla
Menzies,
and
new
Lieutenant,
John Buckley.

Assistant
City
Manager
Wendy
Kaserman
presented
the
report
. She
noted
having
a
long
and
successful
partnership
between
the
City
and
the Sheriff's
Department.

She
added
that
a
new
five-year
contract
is
proposed
and
if
approved
is
expected
to
take
effect
in
July
of
2022
through
June
of
2027.

She
noted
that
City
Manager
Hazeltine
acted
as
one
of
the
three
lead
negotiators
for
the
other
nine
contract
cities
to
negotiate
a
new
agreement
and
stated
the
terms
include
a 1
percent
increase
for
the
first
two
years
followed
by

3.5 percent
for
years
three
, four
and
five
. She
provided
a
list
of
benefits
of
contracting
law
enforcement
services
and
noted
having
no
plans
to
make
any
changes
to
current
staffing
levels
or
resources
for
next
fiscal
year.

Lastly,
she
stated
that
all
of
the
other
contract
cities
are
also
going
through
the
same
process and
will
need
to
approve
the
agreement
before
being
fully
executed.

Public
Comment:

Yuri
Bohlen
welcomed
Captain
Menzies
and
suggested
the
contract
reflect
a

3.5 percent
increase
across
the
entire
term.

End
of
Public
Comment.

Council
discussion
ensued.

Councilmember
Frank
noted
the
contract
increases
do
not
directly
tie
to
salary
adjustments
for
Sheriff
personnel.

Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Mullin
to
approve
the
proposed
agreement
for
municipal
law
enforcement
services
for
the
period
of
July
1,
2022
4of6
May 3, 2022, Item #2
City of Poway -Minutes -March 15, 2022
through June 30, 2027 and authorize the City Manager to execute the agreement on behalf of the City. Motion carried unanimously.

12. Award of Contract to Fleming Environmental Inc., for the Hazardous Storage Units Removal and Replacement Project; Bid No. 22-002
Senior Management Analyst Izzy Murguia presented the report. He stated that approval would authorize an appropriation of $396,674 from the General Fund Capital Projects Fund.

He provided the uses, the locations of and the age of the hazardous waste storage units noting that they are beyond their useful life and are in need of replacement.

Public Comment:

None.

End of Public Comment.

City Council discussion ensued.

In response to Council inquiry, Mr. Murguia stated that Hazardous Waste employees work for Clean Earth, a sub-contractor to EDCO and the Hazardous Waste Program is paid for from the Household Hazardous Waste AB 939 Project Account. He noted a residency requirement for facility use and provided the per vehicle trip rate fee as compared to the City rate fee.

Motioned by Mayor Vaus, seconded by Councilmember Grosch to 1) Authorize an appropriation totaling $396,674.00 from the General Fund Capital Projects Fund 1060; 2) Award the contract for the Hazardous Storage Units Removal and Replacement Project to Fleming Environmental Inc., the lowest responsible and responsive bidder, in the amount of $396,674.00; and 3) Authorize the City Manager to execute any necessary documents. Motion carried unanimously.

WORKSHOPS:

None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Leonard encouraged residents to attend the upcoming Kiwanis Fundraiser "Flock of Fun" Event on Saturday, April 2nd at the Poway Community Center to raise money for the annual "Holiday with Heroes" event.

Mayor Vaus announced plans to honor local Super Bowl Champion Eric Weddle at the April 5th City Council meeting.

CITY MANAGER ITEMS:

City Manager Chris Hazeltine thanked Council for their kind words and support. 5 of6
May 3, 2022, Item #2
City of Poway -Minutes -March 15, 2022
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.

ADJOURNMENT
Mayor Vaus adjourned the Regular Meeting at 7:46 p.m.
6 of6
Carrie Gallagher, CMC
City Clerk
City of Poway, California
May 3, 2022, Item #3
DATE: TO: FROM: CONTACT: SUBJECT: Summary:

AGENDA
REPORT
CityofPoway CITY

COUNCIL
May
3,
2022
Honorable
Mayor
and
Members
of
the
City
Council
Jeff
Chumbley,
Fire
Chief
~
Jeff
Chumbley,
Fire
Chief
"{/
(858)
668-4461
or
[email protected]
Resolution
to
Continue
the
Existence
of
a
Local
Emergency
Within
the
City
of
Poway
Due
to
the
Novel
Coronavirus
(COVID-19)
Global
Pandemic
The
Novel
Coronavirus
(COVID-19)
global
pandemic
continues
to
impact
economic
and
social
segments
of
the
United
States.

Federal,
state,
and
county
directives,
mandates
and
orders
to
manage
COVI
D-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.

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.

Federal,
state,
and
county
directives,
mandates,
orders
and
guidelines
have
been
issued
to
manage
COVID-19.

Efforts
continue
to
focus
on
re-opening
the
economy
and
relaxing
restrictions.

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,
and
December

7. In
2022,
the
City
Council
approved
to
continue
the
emergency
action
on
January
18,
February
1,
1 of
5 May 3, 2022, Item #3
February
15,
March
1,
March
15,
April
5,
and
April

19. The
adopted
resolution
requires
the
City
Council
to
either
continue
the
emergency
action
or
declare
the
emergency
ended
at
each
regular
meeting.

Continuing
the
local
emergency,
in
addition
to
being
consistent
with
the
County
of
San
Diego,
also
allows
the
City
to
continue
to
be
eligible
for
federal,
state,
and
county
funding
opportunities
related
to
COVI
D-19
and
tied
to
having
a declaration
of
a
local
emergency
in
place.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

As
of
April
20,
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.

Within
that
45 percent,
$13,179,618
is
set
aside
for
Extreme
Events/Public
Safety.

Staff
believes
some
of
the
prior
expenditures
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:

Assistant
City
Manager
2 of
5 Reviewed
By:

Alan
Fenstermacher
City
Attorney
City
Manager
May 3, 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, March 15, April 5 and April 19;
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. 3 of 5 ATTACHMENT A
May 3, 2022, Item #3
Resolution
No.
22-
Page
2 NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
hereby
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
3rd
day
of
May,
2022
by
the
following
vote,
to
wit:

AYES: NOES: ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
4of
5 May 3, 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
May 3, 2022, Item #4
·-~ }--
,, -
/.1.-( . ! . '\ -~
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT City of Poway
May 3, 2022
Honorable Mayor and Members of the City CounhA
Robert Manis, Director of Development Services r" •
David DeVries, City Planner
(858) 668-4604 I [email protected]

CITY COUNCIL
Approval of Agreement between City of Poway and DeAngelo Contracting Services, LLC. for Vegetation Management Services; RFP No. 22-021 The Development Services Department issued a Request for Proposals (RFP) on March 10, 2022, to solicit proposals for the City's Annual Vegetation Management Program. The former contractor abruptly terminated their agreement due to the company dissolving, which required the City to issue a new RFP before the start of the program year. A new contract with a new contractor is proposed for approval.

Recommended Action:

It is recommended that the City Council approve the agreement for Vegetation Management Services, RFP No. 22-021, with DeAngelo Contracting Services, LLC. for three years, with the option to renew for two additional years (Attachment A) and authorize the City Manager to execute the agreement.

Discussion:

The Vegetation Management Program is an annual program that implements the abatement of vegetative fuels and/or nuisance vegetation on City and privately owned parcels as required pursuant to Section 8.76.035 of the Poway Municipal Code. In addition, parcels owned by the Housing Authority are included as part of this program but paid out of the Housing Fund. The properties included within this program have been previously identified by the Fire Marshal and Code Compliance Division to contain an annual re-growth of vegetative fuels and/or nuisance vegetation. City staff will inspect properties prior to work being performed to determine if enough growth has occurred to warrant clearing each year.

On March 10, 2022, a RFP was advertised on Ebidboard, and sent to known potential contractors via USPS. Four proposals were received. The City's selection criteria used to award the contract was understanding of the work to be performed, cost of service, experience, qualifications of team members, and the approach to the work. DeAngelo Contracting Services, LLC. was determined to be 1 of 22
May 3, 2022, Item #4
the
most
qualified
to
conduct
these
services
based
on
the
selection
criteria.

The
term
of
the
agreement
is
for
three
years,
with
the option
to
renew
for
two
additional
years.

Environmental
Review:

The
proposed
action
to
enter
into
an
agreement
to
perform
the
City's
Annual
Vegetation
Management
Program
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a
Class
1 (h)
Categorical
Exemption,
pursuant
to
Section
15301
of
the
CEQA
Guidelines,
in
that
the
project
includes
maintenance
of
existing
landscaping
and
native
growth,
and
there
is
no
proposed
expansion
of
the
existing
uses
or
vegetation
management
area.

Fiscal
Impact:

Pending
City
Council
adoption
of
the
FY2022-23
annual
budget,
approval
of
this
item
will
result
in
the
allocation
of
$200,000
in
the
Nuisance
Abatement
account
(301030-49180)
for
the
annual
program.

Funds
will
be
allocated
between
the
Wildfire
Defensible
Space
Program
-City
Properties
($150,000)
and
Weed
Abatement
for
Private
Properties
($50,000).

Abatement
services
completed
on
Housing
Authority
parcels
will
be
paid
separately
from
the
Housing
Fund
(309030-41200).

All
costs
incurred
for
the
Vegetation
Management
Program
on
private
properties
are
fully
offset
in
the
Nuisance
Abatement
revenue
account
(301030-77600)
by
the
property
owners
via
their
property
tax
roll
on a
time-and-material
basis,
plus
a
City
Administrative
Fee
of
$175.00
per
parcel.

All
costs
incurred
for
abatement
of
approximately
72 City
and
eight
Housing
Authority
parcels
will
be
at
full
cost
to
the
City
and
Housing
Authority,
respectively.

Public
Notification:

None. Attachments: A.

Standard
Agreement
for
Services
with
DeAngelo
Contracting
Services
LLC
Reviewed/
Approved
By:

Assistant
City
Manager
2 of22
Reviewed
By:

Alan
Fenstermacher
City
Attorney
City
Manager
May 3, 2022, Item #4
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 4th day of May, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and DEANGELO CONTRACTING SERVICES, LLC, (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform as needed vegetation .management services (Services); and
WHEREAS, Consultant is a vegetation management 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 CONSULTANT 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 22 ATTAC~MENT A
May 3, 2022, Item #4

5. Confidential Relationship.

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.

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 22 2
May 3, 2022, Item #4
"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:
[g] 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 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.

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 22 3
May 3, 2022, Item #4
(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 22 4
May 3, 2022, Item #4
(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
22 5
May 3, 2022, Item #4
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
22 6
May 3, 2022, Item #4
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 22 7
May 3, 2022, Item #4
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 22

DEANGELO CONTRACTING SERVICES, LLC
By:------------
Edwin McKee, IVM/DOT Division Manager
Date: ___________ _
8 May 3, 2022, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the vegetation management services further described in the Scope of Services, 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 Schedule submitted with the proposals dated March 25, 2022, which are included in this document as Attachment 2.

Based on annual increases to gas prices (additional costs incurred), Consultant may revise its fee schedule annually, subject to approval by the City. 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 4, 2022, and ending May 3, 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 additional one-year periods upon approval in writing of the City Manager and Consultant. 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. 11 of 22 1
May 3, 2022, Item #4
(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 22 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
DeAngelo Consulting Services, LLC
1459 S. Cucamonga Ave.

Ontario, CA 91761
May 3, 2022, Item #4
Attachment
1 SCOPE
OF

SERVICES
Consultant
will
provide
all
labor,
materials
and
equipment
necessary
for
providing
vegetation
management
services
under
an
"As
Needed
Agreement,"
which
will
entail:
13 of
22 1.

Furnish
all
labor,
material,
equipment
and
tools
for
the
removal
of
weeds,
debris
and
plant
growth
from
parcels,
lots
and
parkways
in
the
incorporated
areas
of
the
City
of
Poway.

The
method
of
removal
and
clearing
shall
be
by
mowing,
trimming,
manual
clearing,
hauling
and
other
methods
that
are
included
in
the
scope
of
the
contract.

Disking
is
not
permitted.

2. The
designation
of
lots
or
parcels
to
be
cleared,
and
degree
and
type
of
work
to
be
accomplished,
shall
be
under
the
direction
of
the
Director
of
Development
Services,
or
an
authorized
representative.

Inspection
and
acceptance
of
the
work
by
the
Director
of
Development
Services,
or
an
authorized
representative,
are
required
prior
to
certification
for
payment.

All
reports
and
work
orders
must
be
signed
by
the
Director
of
Development
Services,
or
an
authorized
representative,
and
the
Contractor.

The
clearing
of
parcels
will
be
charged
by
the
Contractor
on
a
work
accomplished
basis
only.

3. Some
parcels
will
require
only
partial
areas
to
be
cleared.

The
City
will
inspect
the
vegetation
management
properties
and
exclude
sites
or
portions
of
sites
that
are
not
in
need
of
vegetation
management
prior
to
commencement
of
work.

4. The
Department
of
Development
Services
will
provide
the
Contractor
with
vegetation
management
maps
and
a
list
of
parcels
(Attachments
B
and
C)
that
could
require
clearing
and
the
area
to
be
cleared
will
be
noted
as
the
green
highlighted
areas
.

5. Vegetation
is
to
be
cut
to
a
distance
of
no
lower
than
two
(2)
inches,
but
in
no
event
higher
than
8",
from
the
soil
surface
and
as
close
to
adjoining
improvements
as
possible.

6. Operations
may
be
suspended
at
any
time
by
the
Director
of
Development
Services,
or
an
authorized
representative,
if
any
of
the
conditions
listed
in
the
sections
are
found
not
to
exist.

7. Consultant
shall
respond
to
questions
and
concerns
within
24 hours
or
as
mutually
agreed
upon.

Equipment 1.

All
equipment
must
be
in
good
mechanical
condition
and
is
subject
to
inspection
and
approval
by
the
Fire
Chief,
Director
of
Development
Services,
or
an
authorized
representative,
before
acceptance.

All
maintenance
will
be
the
responsibility
of
the
Contractor
at
their
own
expense
and
on
their
own
time.

2. All
equipment
will
be
operated
by
a
qualified,
cooperative
and
experienced
operator.

3. If
required
or
necessary
for
any
reason,
the
Contractor
will
furnish,
at
no
expense
to
the
City,
flagmen
for
safe
loading
and
unloading
of
equipment.

May 3, 2022, Item #4
14 of
22 4.

The
Contractor
shall
furnish
all
hand
tools,
power
equipment
and
safety
equipment
to
accomplish
the
specified
work.

5. A
suitable
truck,
with
high
sides
for
hauling,
is
to
be
provided
and
is
to
be
operated
and
maintained
at
the
expense
of
the
Contractor.

6. Any
use
of
chemicals
is
prohibited
unless
directed
otherwise
by
the
Development
Services
Director
or
authorized
agent.

7. Whenever
it
is
impractical
to
remove
or
thin
vegetation
by
hand
labor
using
hand
labor
type
tools
by
reason
of
topography,
location
of
trees,
shrubbery,
building,
fences
or
type
of
vegetative
cover,
the
use
of
a
tractor
mower
will
be
permissible
when
authorized
by
the
Director
of
Development
Services,
or
an
authorized
representative.

The
degree
of
tractor
mowing
to
be
accomplished
on
any
parcel
will
be
specified
by
the
Director
of
Development
Services
or
an
authorized
representative
and
additional
restrictions
shall
be
provided
to
the
Contractor
and
abided
by.

Labor 1.

All
manpower
will
be
furnished
by
the
Contractor
and
each
crew
member
will
be
in
good
health
and
be
attired
with
proper
clothing,
footwear,
gloves
and
any
other
safety
equipment
that
is
necessary
for
this
type
of
work
.

2. Supervision
of
hand
crews
will
be
furnished
by
the
Contractor
at
his
own
expense
. All
supervisors
must
be
experienced
and
must
be
able
to
communicate
with
the
Director
of
Development
Services
or
an
authorized
representative,
in
the
English
language
of
the
United
States.

3. It
will
be
the
responsibility
of
the
Contractor
to
keep
an
accurate
account
of
the
names
of
his
employees,
as
well
as
the
dates
, the
locations
and
the
type
of
work
they
performed.

Public
Right-of-Way

1. All
streets
and
sidewalks
are
to
be
left
in
a
clean
condition
following
the
clearing
of
parkways.

The
charge
for
this
work
will
be
included
in
the
unit
price
for
clearing
this
parcel.

2. Work
within
the
right-of-way
shall
require
a
traffic
control
plan
as
applicable.

Habitat
Protection

1. In
accordance
with
the
requirements
of
the
U.S.

Fish
and
Wildlife
Service
and
the
California
Department
of
Fish
and
Game
protecting
the
threatened
California
Gnatcatcher
and
the
Quino
Checkerspot
Butterfly,
no
new
trimming
of
native
Chaparral
vegetation
shall
be
performed
unless
approved
by
the
City
of
Poway.

Wildfire
Prevention

1. The
Contractor
is
required
to
carry
a
charged
and
operational
cell
phone
at
all
times.

The
Contractor
is
required
to
report
any
fires
started
by
machinery
or
employees
without delay
by
contacting
911.

The
Contractor
shall
have
beforehand
knowledge
of
the
area
where
the
work
is
being
conducted,
including,
but
not
limited
to,
the
closest
accessible
street
and
the
closest
cross
street.
2 May 3, 2022, Item #4
15 of 22

2. Appropriate fire extinguishers shall be maintained close enough to any clearing operation to effectively respond to fires caused by the equipment or equipment fueling. More than two fire extinguishers may be needed for multiple operations or when crews are spread out over a larger area. An Underwriters Laboratory approved 2-1/2-gallon pressurized water-type fire extinguisher and an Underwriters Laboratory approved 40-pound, dry chemical, all-purpose ABC type shall be ready and available for use at all times. A shovel of a type and size suitable for putting out fires also shall be available.

3. The vegetative material cut down shall be disposed of by hauling the material to the nearest approved dumpsite.

4. When, in the opinion of the Director of Development Services, or an authorized representative, it is determined that on any lot or parcel there are sufficient amounts of piles of trimmings, tumbleweeds or other flammables that could become a fire hazard or fire nuisance, the same fire hazard shall be removed.

Invoicing

1. The Contractor will provide an accurate cost report on the forms provided by the Department of Development Services for each parcel where work is accomplished.

2. The amount of work and type of work to be performed shall be under the direction of and only with the authorization of the Director of Development Services, or an authorized representative.

3. All clearing must meet the specifications of the Department of Development Services and must be approved in writing through e-mail communications between the contractor and the Director of Development Services, or an authorized representative.

4. Weekly summaries of sites completed shall be prepared and submitted to the City with job site location, work conducted and date conducted. 3 May 3, 2022, Item #4
Attachment 2
Attachment A

FEE SCHEDULE
Vegetation Management services on City owned lots (Attachment B) -Green Highlighted Areas·-only_ . ............. .. ... ............ ....... .. .

Price not to exceed: $ L-{. ??( per 100 sq. ft. (unit)
The City reserves the right to request sites or portions of sites not to be cleared of vegetation resulting in an equivalent cost savings.

Vegetation Management services on Poway Housing Authority owned lots (Attachment ·c) -Green Highlighted Areas Only
Price not to exceed: $_~_ ;(_ per 100 sq. ft. (unit)
The City reserves the right to request sites or portions of sites not to be cleared of vegetation resulting in an equivalent cost savings.

Vegetation "'1c1nagen1ent services on privately owned lots based on request by City 'Planner · · ·
Price not to exceed: $_ '1-~S" per 100 sq. ft. (unit)
The City reserves the right to request sites or portions of sites not to be cleared of vegetation resulting in an equivalent cost savings.

All work on City and Poway Housing Authority owned lots and private lots shall be pre approved prior to commencing work. These rates are acceptable, and authorization is given to proceed with this project with authorized signatories below:

City of Poway RFP# 22-021-Vegetation Management Program 8 May 3, 2022, Item #4
Attachment
B
Citv
of
Powal£
ProQerties
APN
Property
Description
Square
Feet
Price
Per
100
sq.
ft.
2737901100
Tannin
Drive
52862.66
'1~~c
2757911700
Espola
at
Westling
41524.94
/1
2757942100
Summersage
North
86208.47
2757953400
Summersage
South
29404.77
2757953500
PHS
Fireworks
Lot
15434.95
2771701900
Del
Paso
St
38556.39
2771713700
Butterfield
Trail
146304.66
J
2772001500
Cascade
Crossing
10713.31
I
2781810100
Eastvale/Sunset
Mtn.
8909
I
2781810100
Eastvale
203330.89
I
2782802900
Sunset
Mountain
9751
.54
I
2782900700
Oak
Canyon
(15114)
24712.06
2783004600
Skyridge
4410.9
2783300700
Lake
Poway
Rd
82762.73
2784313600
Behind
14358
Trailwind
454776.01
2784372300
West
of
14358
Trailwind
21341.17
2784387500
Trailwind/Sandhill
32663
.58
2784387600
Sunset
Drive
42479.11
-
2784387600
Sunset
Drive
709
2784502800
15450
Espola
-city
watertank
7936
2784503200
So.

End
Riparian
Rd.
502.19
..
3140331600
Midland
Road/Del
Poniente
37240.64
3140331700
Del
Poiniente/W
of
Midland
24106.5
3140401700
Ted
Williams/Pomerado
70591.58
3140402500
Fire
Station
3 82707.01
.
3141934400
Vian
off
Midland
14616.46
·.
3143700400
Monte
Vista
38750
':.
3143713600
Fieldview
Way
8286.35
3143824100
Twin
Circles/Twin
Peaks
14310.47
3144346600
Community
48673.44
· 3146700100
Adobe
Ridge
16206.02
·
3146700200
Adobe
Ridge
7486.97
·
3146700300
-Adobe
Ridge
5116.48
· 3146700400
Adobe
Ridge
2572.34
_
3146707300
Camino
del
Norte
38095.33
,;
.
3148021200
·
Ring
Road
66325.34
£---
..

City
of
Poway
RFP#
22-021-Vegetation
Management
Program
9 l /
OT
LL
May 3, 2022, Item #4
3171306200 Cicero Ct 68414.03 4--3~
3172221900 Metate 293804.13
31722-22000 Metate 145840.75
3172232500 Kerran 85808.43
3H2421300 Stage Stop/Old Pomerado 6622.11
3174800800 Gate Dr 81338
3174802400 Gate Dr 69709
3175012400 Oak Knoll. 26819.47 J
3177910100 Old Pomerado pond 28979.59 I
3177910200 Old Pomerado pond 14435.59
I
3200201800 11612 Creek Rd 4130
3202004400 Treadwell Dr. 16599.14
3202012300 Treadwell 2 & Cypress Cyn Park 129765.39
3202121900 Stonemill Drive 7044.09
. 3202130100 Stonemill North 8983.5
· 3210307100 High Valley/Hacienda 10203.08
· 3211808800 Tierra Bonita 16015.65
-3212004300 Donart Pump 10687.85
Espola Rd (behind 14401 Range
3214201500 Park) -5344.7
· 3230711700 Fairburn 74280.1
· 3230921100 Welton Lane 6397.3
. 3234423100 East end of Garden Road 62037.96
3234524200 West end of Garden Road 111909.21
3234603600 End of Montego 14311.41
3234612500 Sunset View Drive 46185.56
3234910500 Danielson/ SPP 12487.1
3235010600 Kirkham Way 47073.79
3235101000 Bowdoin guardrail/ 42373
3240703600 Rio Maria 7563.28
3235101000 Bowdin/Whitewater Rd 48891.51
· 3161403900 Dorathea Ter 26755
~ -3172800300 0 COMMUNITY RD 3,695
Leona Ln./10th Street R.O.W 6253.9
Garden Road Right-of-way 5438.41 I
Crest Rd Right-of-way 2503.56 . .J---
City of Poway RFP# 22-021-Vegetation Management Program 10 ·1 lS Of LL.

May 3, 2022, Item #4
APN
3211902800
3171015200
3172323600
3172322200
3171015100
3142302600
3142141800
Attachment C
Housing Authority Properties
Property Description Square Feet
0 Twin Peaks Rd 95102
0 Wanesta Dr (Solara) 34786
12207 Old Pomerado Rd 22122
12237 Old Pomerado Rd 46585
13422 Community Rd (Sciara) 52000
13424 Scots Way h 15000
14048 Sycamore Ave ' 12000 /i
I
Proposing Consultant's Signature: ~~ ~·--Date: --=:::' - City of Poway RFP# 22-021-Vegetation Management Program 19 of 22
Price Per 100 sq. ft.
q.,3,;-
4,$-,S

1../.->r-

4.>~
t{. 3,(°
'-f-1~
t.f. r~
p-2$""~'-
11 May 3, 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)
20 of 22
(!)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 May 3, 2022, Item #4
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:
21 of 22
(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)F or 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 May 3, 2022, Item #4
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 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 Il 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).
22 of 22 3
May 3, 2022, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway

CITY COUNCIL
May 3, 2022
Honorable Mayor and Members of the City Cou~cil
Eric Heidemann, Director of Public Works 7, y
Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or [email protected]
Approval of a First Amendment to the Agreement with Dudek for Environmental and Biological Fieldwork; RFP No. 20-019
On July 7, 2020, the City Council awarded an agreement to Dudek for an amount not-to-exceed $75,000 for environmental and biological fieldwork for stormwater maintenance programs and environmental consulting services for the City's Hazardous Tree Removal Project (Project). The Project is primarily funded through a federal grant. The services Dudek is performing related to the Project are required per the terms of the grant. Approval is requested for a first amendment to the agreement with Dudek in the amount of $75,000 and to extend the term of the agreement to July 31, 2023. The requested amendment will increase the agreement's not-to-exceed amount to $150,000 with two (2) one-year extensions remaining.

Recommended Action:

It is recommended the City Council approve the first amendment to the agreement for environmental and biological fieldwork services to Dudek and authorize the City Manager to execute the necessary documents.

Discussion:

On July 7, 2020, the City Council awarded an agreement to Dudek for an amount not-to-exceed $75,000 for environmental and biological fieldwork for stormwater maintenance programs and environmental consulting services for the Project. Dudek's scope of services include reviewing permits, conducting resource analysis, environmental surveys, writing post activity reports and findings, and other environmental consulting services related to biological resources and wetlands.

The agreement's not-to-exceed amount of $75,000 is divided between costs for the City's annual stormwater maintenance programs ($57,200) and environmental consulting services related to the Project ($17,800). Staff seeks an increase to the agreement's not-to-exceed amount from $75,000 to 1 of 26
May 3, 2022, Item #5
$150,000 to account for additional environmental consulting services required for the Project's Phase 1 deliverables, which includes environmental/regulatory permitting tasks. The additional environmental consulting services sought from Dudek includes biological surveys, biological constraints report, California Environmental Quality Act analysis and filing support, which are services included as part of the agreement's scope. Approval of the amendment will also provide value in the agreement to address potential regulatory requirements such as the National Environmental Policy Act (NEPA). As part of the Project's grant requirements, any costs expensed to the Project are reimbursed at 75 percent of cost.

In addition to the payment terms, this amendment also extends the term date of the agreement to July 31, 2023. The agreement has an initial one (1) year and eleven-month term and three (3) one year extensions. With this amendment, there will be two (2) extensions remaining. Since the Project's start in January 2021, Dudek has been a critical component in supporting the City with navigating the Project's regulatory requirements and meeting Project deliverable milestones. Approval of this amendment would allow for continued access to technical expertise, particularly as the City completes the Project's Phase 1 deliverables.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

Sufficient funds are budgeted in the Hazard Mitigation Program (Project MSC0009) and the Stormwater and Flood Control Division's Fiscal Year 2021-22 budget (412040-41200), to authorize the Amendment in the amount of $75,000.

Public Notification:

None.

Attachments:

A. First Amendment to the Dudek Agreement
B. Agreement with Dudek
Reviewed/ Approved By:

Assistant City Manager
2 of26
Reviewed By:

Alan Fenstermacher
City Attorney
May 3, 2022, Item #5

FIRST AMENDMENT TO STANDARD

AGREEMENT FOR SERVICES
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into effective this 3rd day of May, 2022, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and Dudek, a California corporation, ("CONSUL TANT").

RECITALS

1. CITY and CONSUL TANT entered into that certain "STANDARD AGREEMENT FOR SERVICES," dated August 1, 2020 (the "AGREEMENT"), by which CITY and CONSUL TANT established the terms and conditions for providing services to CITY.

2. The AGREEMENT has a term of four (4) years and eleven (11) months, and further provides, inter alia, that the AGREEMENT may be extended for three (3) additional one (1) year terms upon approval of the CITY's City Manager.

3. CITY AND CONSUL TANT now agree to amend the compensation and reimbursement provisions of the AGREEMENT and increase the AGREEMENT amount from a not to-exceed amount of $75,000 to a not-to-exceed amount of $150,000 and extend the term of the AGREEMENT to July 31, 2023.

4. This FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES (the "FIRST AMENDMENT") is necessary to amend the reimbursement provisions of the AGREEMENT and extend the term of the AGREEMENT.

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

Section 1. Section Band C of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:
3 of26
B. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Scheduled submitted which is included in this document as Attachment 2. Total fee is not to exceed $150,000. 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.

ATTACHMENT A
May 3, 2022, Item #5
C. Term of Agreement.

This Agreement shall be effective from the period commencing August 1, 2020, and ending July 31, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled, "Termination." This Agreement may be extended for two (2) additional one (1) year terms upon the agreement of the City Manager of the City.

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.

Section 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to be executed the day and year first above written.

CITY OF POWAY
By ____________ _
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

Alan Fenstermacher, City Attorney
4of26
DUDEK
By ____________ _
Joseph Monaco, President/Chief Executive
Officer
May 3, 2022, Item #5

ATTACHMENT
1 Dudek
Hourly
Ser
vice
Rate
Table
Labor
Category
Hourly
Rate
Project
Director
$255.00/hr.

Senior
Specialist
IV
$235.00/hr.

Senior
Specialist
Ill
$225.00/hr.

Senior
Specialist
II
$210.00/hr.

Senior
Specialist
I
$195
.00/hr.

Specialist
V
$185
.00/hr.

Specialist
IV
$175.00/hr.

Specialist
Ill
$165.00/hr.

Specialist
II
$150
.00/hr.

Specialist
I
$140.00/hr.

Analyst
V
$130
.00/hr
.

Analyst
IV
$115.00/hr.

Analyst
Ill
$105.00/hr.

Analyst
II
$95.00/hr
.

Analyst
I
$85.00/hr
.

Technician
Ill
$75
.00/hr.

Technician
II
$65.00/hr.

Technician
I
$55
.00/hr.

Application
Developer
II
$195.00/hr.

Application
Developer
I
$155.00/hr.

GIS
Analyst
V
$205.00/hr.

GIS
Analyst
IV
$165
.00/hr.

GIS
Analyst
Ill
$145.00/hr.

GIS
Analyst
II
$130.00/hr.

GIS
Analyst
I
$115.00/hr.

UAS
Pilot
$115.00/hr.

Survey
Lead
$185.00/hr
.

Survey
Manager
$135
.00/hr
.

Survey
Crew
Chief
$115
.00/hr.

Survey
Rod
Person
$95.00/hr.

Survey
Mapping
Technician
.
$95.00/hr.

Senior
Hydrogeologist
Ill/Engineer
Ill
$220.00/hr.

Senior
Hydrogeologist
II/Engineer
II
$210
.00/hr.

Senior
Hydrogeologist I/Engineer
I
$200.00/hr.

Project
Hydrogeologist
V/Engineer
V
$185.00/hr.

Project
Hydrogeologist
IV
/Engineer
IV
$175.00/hr.

Project
Hydrogeologist Ill/Engineer
Ill
$165.00/hr.

Technical
Editor
Ill
$150
.00/hr
.

Technical
Editor
II
$135.00/hr.

Technical
Editor
I
$120.00/hr
.

Publications
Specialist
IV
$120
.00/hr.

Publications
Specialist
Ill
$110.00/hr.

Publications Specialist
II
$100.00/hr.
5 of
26 May 3, 2022, Item #5
DUDEK 2022 Standard Schedule of Charges
Engineering Services
Project Director ...................................................................... $31O.OO/hr Principal Engineer Ill .............................................................. $285.OO/hr Principal Engineer II ............................................................... $275.OO/hr Principal Engineer I ................................................................ $265.OO/hr Program Manager .................................................................. $255.OO/hr Senior Project Manager ......................................................... $255.OO/hr Project Manager ..................................................................... $245.OO/hr Senior Engineer Ill .................................................................. $24O.OO/hr Senior Engineer II .................................................................. $23O.OO/hr Senior Engineer I ................................................................... $22O.OO/hr Project Engineer IV/Technician IV ......................................... $21O.OO/hr Project Engineer Ill/Technician 111 .......................................... $2OO.OO/hr Project Engineer II/Technician 11 ............................................ $185.OO/hr Project Engineer I/Technician I ............................................. $165.OO/hr Senior Designer 11 ................................................................... $19O.OO/hr Senior Designer 1 .................................................................... $185.OO/hr Designer ................................................................................. $175.OO/hr Assistant Designer ................................................................. $17O.OO/hr CADD Operator Ill ................................................................... $165.OO/hr CADD Operator II .................................................................... $155.OO/hr CADD Operator I ..................................................................... $14O.OO/hr CADD Drafter .......................................................................... $125.OO/hr CADD Technician .................................................................... $115.OO/hr Project Coordinator ................................................................ $145.OO/hr Engineering Assistant ............................................................ $12O.OO/hr Environmental Services
Project Director ................................................................................. $255.OO/hr Senior Specialist IV ........................................................................... $235.OO/hr Senior Specialist Ill .......................................................................... $225.OO/hr Senior Specialist II ........................................................................... $21O.OO/hr Senior Specialist I ............................................................................ $195.OO/hr Specialist V ........................................................................................ $185.OO/hr Specialist IV ....................................................................................... $175.OO/hr Specialist Ill ...................................................................................... $165.OO/hr Specialist II ....................................................................................... $15O.OO/hr Specialist I ........................................................................................ $14O.OO/hr Analyst V ........................................................................................... $13O.OO/hr Analyst IV .......................................................................................... $115.OO/hr Analyst 111 ........................................................................................... $1O5.OO/hr Analyst 11 ............................................................................................... $95.OO/hr Analyst 1 ................................................................................................ $85.OO/hr Technician Ill ....................................................................................... $75.OO/hr Technician II ........................................................................................ $65.00/hr Technician I .......................................................................................... $55.OO/hr Mapping and Surveying Services
Application Developer II .................................................................. $195.OO/hr Application Developer I ................................................................... $155.OO/hr GIS Analyst V .................................................................................... $2O5.OO/hr GIS Analyst IV ................................................................................... $165.OO/hr GIS Analyst 111 .................................................................................... $145.OO/hr GIS Analyst 11 ..................................................................................... $13O.OO/hr GIS Analyst 1 ...................................................................................... $115.OO/hr UAS Pilot ........................................................................................... $115.OO/hr Survey Lead ..................................................................................... $185.OO/hr Survey Manager .............................................................................. $135.OO/hr Survey Crew Chief ............................................................................ $115.OO/hr Survey Rod Person ............................................................................. $95.OO/hr Survey Mapping Technician .............................................................. $95.OO/hr Construction Management Services
Principal/Manager ................................................................. $195.OO/hr Senior Construction Manager ............................................... $185.OO/hr Senior Project Manager ......................................................... $175.OO/hr Construction Manager ........................................................... $16O.OO/hr Project Manager ..................................................................... $15O.OO/hr Resident Engineer .................................................................. $15O.OO/hr Construction Engineer ............................................................ $15O.OO/hr On-site Owner's Representative ............................................ $14O.OO/hr Prevailing Wage Inspector ..................................................... $139.OO/hr Construction Inspector ........................................................... $135.OO/hr Administrator/Labor Compliance .......................................... $10O.OO/hr DUDEK
6 of 26
Hydrogeology/HazWaste Services
Project Director ...................................................................... $3O5.OO/hr Principal Hydrogeologist;Engineer 11 ..................................... $28O.OO/hr Principal Hydrogeologist;Engineer 1 ...................................... $26O.OO/hr Senior Hydrogeologist V/Engineer V .................................... $24O.OO/hr Senior Hydrogeologist IV/Engineer IV ................................... $23O.OO/hr Senior Hydrogeologist Ill/Engineer 111 .................................... $22O.OO/hr Senior Hydrogeologist II/Engineer 11 ...................................... $21O.OO/hr Senior Hydrogeologist I/Engineer 1 ....................................... $2OO.OO/hr Project Hydrogeologist V/Engineer V .................................... $185.OO/hr Project Hydrogeologist IV/Engineer IV .................................. $175.OO/hr Project Hydrogeologist Ill/Engineer 111 ................................... $165.OO/hr Project Hydrogeologist II/Engineer 11 ..................................... $155.OO/hr Project Hydrogeologist I/Engineer 1 ....................................... $145.OO/hr Hydrogeologist;Engineering Assistant .................................. $12O.OO/hr District Management & Operations
District General Manager ....................................................... $21O.OO/hr District Engineer ..................................................................... $2O5.OO/hr Operations Manager ............................................................. $16O.OO/hr District Secretary/Accountant .............................................. $135.OO/hr Collections System Manager ................................................. $135.OO/hr Grade V Operator ................................................................... $125.OO/hr Grade IV Operator .................................................................. $11O.OO/hr Grade Ill Operator .................................................................. $1OO.OO/hr Grade II Operator ..................................................................... $8O.OO/hr Grade I Operator ...................................................................... $75.OO/hr Operator in Training ................................................................. $75.OO/hr Collection Maintenance Worker ............................................. $75.OO/hr Creative Services
Creative Services IV ............................................................... $165.OO/hr Creative Services Ill ............................................................... $15O.OO/hr Creative Services II ................................................................ $135.OO/hr Creative Services I ................................................................. $12O.OO/hr Publications Services
Technical Editor IV ................................................................. $165.OO/hr Technical Editor 111 .................................................................. $15O.OO/hr Technical Editor 11 ................................................................... $135.OO/hr Technical Editor 1 .................................................................... $12O.OO/hr Publications Specialist IV ....................................................... $12O.OO/hr Publications Specialist 111 ....................................................... $11O.OO/hr Publications Specialist 11 ........................................................ $1OO.OO/hr Publications Specialist 1 ........................................................... $9O.OO/hr Clerical Administration ............................................................. $9O.OO/hr Forensic Engineering -Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.

Emergency and Holidays -Minimum charge of two hours will be billed at 1. 75 times the normal rate.

Material and Outside Services -Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.

Travel Expenses -Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges -All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full.

Annual Increases -Unless identified otherwise, these standard rates will increase 3% annually.

The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.

EFFECTIVE JANUARY 1, 2022
May 3, 2022, Item #5
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
day
of
August,
2020,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
Dudek
(hereinafter
referred
to
as
"Consultant").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
Environmental
and
Biological
Fieldwork
for
Storm
Water
Maintenance
Programs
for
the
City
(Project)~
and

WHEREAS,
Consultant
is
a(n)
env
ironmental
and
engineering
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

CONSULTANT
ON
THE

FOLLOWING
TERMS
AND
CONDITIONS:

1. Scope
of
Services.

Consultant
shall
provide
services
as
described
in
Exhib
it .. 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
Exh
ibit
"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
Consu
ltant. 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
, m
isrepresentation
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.
7 of
26 ATTACHMENT
B
May 3, 2022, Item #5

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.

6. Office Space and Clerical Support.

Consultant shall provide its own office space and clerical support at lts sole cost and expense.

7. Covenant Against Contingent Fees.

8. Ownership of Documents.

AH 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. 8 of 26
May 3, 2022, Item #5
"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, suspendt 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:
[8] 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 B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with t s-€ity Clerk of the City of Poway in a timely manner as required by law.

Dep

10. No Assignments.

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) 9 of26
May 3, 2022, Item #5
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 Agreement1 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 against1 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, fndemnitees 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.
10 of 26
May 3, 2022, Item #5
(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.

1. 6. 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 Consultanfs 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 11 of 26
May 3, 2022, Item #5
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, 0 "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. 12 of 26
May 3, 2022, Item #5
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)
13 of 26
May 3, 2022, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:-------
Chri
Date: __ 'h ___ (_, ~--~-7-o ___ _
ATTEST:

APPROVED AS TO FORM:
(Jk-1,.,M;::.

By:------------
Alan Fenstermacher, City Attorney
14 of 26

CONSULTANT
By: (jl2~
Na ~Joseph Monaco
President/Chief Executive Officer
Dudek
Date: 7/7/~
I I
May 3, 2022, Item #5
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the environmental services further described in the Scope of Services submitted with the proposals dated May 21,2020 , 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 May 21, 2020, which are included in this document as Attachment 2.

Total fee is not to exceed $75,000. 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.

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 be effective from the period commencing August 1, 2020, and ending June 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. 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.
15 of 26
May 3, 2022, Item #5
(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 empl.oyees 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 pol.icy 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 .'t

3. Insurance Certificates:

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Consultant:
16 of 26
City of Poway
P.O. Box 789
Poway, CA 92074
Complete Name and Address
May 3, 2022, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all IO 16 chapters of the 2018 Regular Session and the ovember 6, 2018 Ballot Measures.

Deering's Cill(fon,ia Codes A1111ot{lted > GOVERNMENT CODE> Title 1 Ge11er11l > Division 7 Miscelltmeous > Chapter 21 Public Pension and Retirement Pl<ms > Article 4 Califomill Public Emp/Qyees' Pension Reform Act of2013
§ 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 employme~t shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees perfonning 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. (c)
17 of 26
(1) otwithstanding 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 May 3, 2022, Item #5
18 of 26
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 tenninate 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.
(t)A retired person shall not be eligible to be employed pursuant to this section for a period of l 80 days following the date of retirement unless he or she meets one of the following conditions:
(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 empl.oyment 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)Thc 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 perforn1 a function or functions regularly performed by a public safety officer or firefighter.

May 3, 2022, Item #5
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
Il
who
is
assigned
to
serve
in
a
court
pursuant
to
Section
68543.

5. History Added
Stats
2012
ch
296
,c;
15 (AB
340).
effective
January
I,
2013.

Amended
Stats
20/3
ch
528
§ 11
(SB
13).
effective
October
4,
20 I 3
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
1, 2013;
Stats
2014
ch
238
§'
I (AB
2476)
. effective
January
1,
2015.

Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment
:

Substih1ted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2)
; (2)
"or
firefighter
hired
to
perfonn
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(t)(4); and
(3)
"Judges'
Retirement
System
" for
"Judges'
Retirement
System
I"
in
subd
(i).
19 of
26 May 3, 2022, Item #5
ATTACHMENT 1 EXHIBIT 1

SCOPE OF SERVICES
Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services described below.

1. Overview: The City's Project encompasses 45 sections of concrete channels (approximately 7.1 miles) and 26 identified earthen work sites (approximately 25 acres in total) all within urban creeks and earthen flood control channels in the City of Poway, San Diego County, California. The City's Project activity entails removal of sediment, vegetation, trash and debris from concrete channels and clearing vegetation to improve flood control capacity and eradicating invasive plant species.

The action is authorized through permits with the U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the State Regional Water Quality Control Board. The Project is an ongoing maintenance activity that helps reduce the risk of flooding, promotes water quality, and enhance environmental systems in sensitive areas.

2. Consultant will not provide Project management services. Consultant will provide general consulting services in support of the aforementioned Project activities. City is responsible for all mapping, GIS work, permitting, coordination, and reporting to regulatory agencies.

3. Task 1: Permit Review: In order to confirm that City Project activities abide by permits and authorizations, Consultant will review City's permits with the U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife Service, State Regional Water Quality Control Board, and City of Poway Habitat Conservation Plan to become familiar with requirements in regard to Project.

4. Task 2: Recon Survey and Monitoring: Consultant will attend meetings that may be requested or deemed necessary by City to meet the Project goals. Consultant will conduct field surveys at either 45 concrete channels or 26 earthen localities within the City of Poway to assess nesting bird activities, the limits of work, any mitigation responsibilities, and identify exotic plant species for eradication. All annual work shall be on an as-needed basis determined by work needing to be performed and funding. 20 of 26
A. Concrete Channels -To protect nesting birds, no project activities shall occur during nesting season unless nesting bird surveys are completed by a qualified biologist, and no nesting birds are present within 200' radius (500' for threatened and endangered species. and all raptors, including diurnal and nocturnal species). Bird surveys shall be performed as needed.

B. Earthen Channels -Native vegetation shall be adequately identified by the biologist and communicated to the field Supervisor to prevent its disturbance during the City's enhancement activities. Consultant will identify willow and other large native trees (trunk diameter 3" dbh [diameter-breast heightl) that would require miti.gation if impacted. During the survey, the Consultant's biologist will identify the approximate square footage and May 3, 2022, Item #5
ATTACHMENT 1 EXHIBIT 1
location of non-native vegetation and invasive exotic weed species to be eradicated. Consultant biologist will communicate with field Supervisor regarding sensitive native species likely to occur within the Project limits and direct the routes around sensitive habitat areas, including habitat for the coastal California gnatcatcher (Pofioptila californica) and San Diego thorn-mint (Acanthomintha ilicifolia). The biological consultant should be familiar with sensitive native species commonly found in riparian areas.

The City's annual Projects are on-going, and the work sites have been previously maintained. Consultant will not flag all individual nesting sites, trees and plants, but will communicate with field Supervisor to avoid impacts to sensitive native species.

City has already established the entry points for heavy equipment into the mowing areas. City will map and document the location and quantity of exotics it removes during Project.

The survey is anticipated to take place over multiple days. Consultant will be responsibl.e for presenting data in a timely fashion to City to use in conducting its scheduled channel mowing/flood control activities. The initial pre-maintenance survey work will be documented by Consultant in short memos or e-mails to City.

5. Task 3: Survey Memos and Monitoring Report: As the Consultant completes each section or group of sections, a brief memo or e-mail shall be provided to City reporting the findings. Generally, the memos will include a description of the resources at each site, the locations of areas with nesting activity, needing mitigation and areas where non-native species removal is being proposed.
21 of 26
A. Concrete Channel Cleaning -The biological consultant will perform bird nesting surveys as needed and provide a brief memo or e-mail reporting the findings. If a nesting site is identified the consultant will advise and make recommendations. In addition, post work annual reports will be required to be performed.

B. Earthen Channels -The biological consultant will be responsible for review of final maintenance impact data provided by the City of Poway in both map and table format for impacts to native tree species larger than the 3" dbh threshold and the noxious weeds within the project area. In addition, letter memos describing work activities in progress, general conditions, and any required mitigation measures will be furnished as needed to City. The final maintenance memo will include a description of the resources at each mowing site, the mitigation needs (if any) at each location, any impacts outside the limits of work, and areas (with acreage summary) where non native species removal was completed. City will map and document the location and quantity of invasives removed.

C. Reports -City prepares annual report to regulatory agencies as required by permits. For example, the Army Corps requires a post-activity report detailing project compliance with RGP 41 and confirming that any mowing did not constitute a discharge of fill. The California Dept. of Fish and Game May 3, 2022, Item #5
ATTACHMENT 1 EXI-HBIT 1
requires an annual report detailing maintenance conducted. Consultant will prepare the biological/environmental monitoring section of the report to be drafted and finalized by Consultant with the direct input, collaboration, and approval of the City of Poway, Public Works Department. Consultant will meet City's timeframe for delivery of report section.

6. Task 4: Client Coordination:

A. Pre-maintenance Nesting Bird Clearance Surveys -The biological consultant will be responsible for conducting pre-maintenance nesting bird surveys, as requested, prior to any work being conducted during the migratory bird nesting season. After surveys are completed, a letter report will be filed with the City describing any work limitations that would be required to avoid damage to nesting bird species found within areas proposed for maintenance activities.

7. Task 5: As-Needed Services: As-needed services include but are not limited to:
assisting with regulatory work with Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, including Nation Wide Permits (NWP) and Regional General Permits (RGP) and Poway·s Habitat Conservation Plan (HCP) as it relates to storm water system maintenance, natural channels, and open space maintenance; work in the Wildland Urban Interface (WUI), and urban forestry lands within the boundaries of Poway. These services include but are not limited to preparing environmental documents according to the procedures established by applicable local, state, and federal agencies (i.e., CEQA, NEPA, etc.).

SeNices include participation in public scoping meetings, resource agency meetings, securing encroachment permits, synthesizing technical environmental and engineering studies, vegetation mapping, technical writing, alternatives analysis, developing summary reports, developing and monitoring mitigation plans and costs, developing defensible findings, preparing documents in compliance with applicable regulatory agency standards, and securing construction and maintenance permits.

Services include developing recommendations for project conformance with local, state. and federal standards, avoidance and minimization of impacts, and mitigati.on measures. Detailed knowledge of local, state, and federal regulatory policies and document formats as required.
[Remainder of Page Left Blank Intentionally]
22 of 26
May 3, 2022, Item #5
ATTACHMENT 2 EXHIBIT 1

FEE PROPOSAL
ANNUAL COST BREAKDOWN BY TASK FOR CONCRETE CHANNEL CLEANING PROGRAM (45 SECTIONS OF CHANNEL}
Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to exceed the contract amount. Table shall assume all 45 sections of concrete channels.

Labor Category Task 1: Permit Task 2: Recon Task 3: Monitoring Task 4: Client Total Hours Total Cost Review Survey Memos Coordination
1 SMU
I I •I I ! (lllfl\:' hum\n:ti c1i;l11r
Project Manaqer Jolla,s)
)72U
Asst Project Manaqer
I I I 1 •I (~1.:v ti )rnndr ll
li.'l'C nh• dnllJ.r,/1
NA NA N.\
Princioal Bioloqist
N.\ NA ~.\
is,, N,\ N:\ N.~ NA NA
Restoration Ecologist
SJ,6UU
Field Bioloaist
:,u IS JK i'!:\ )6 (lhrci; 1hou.1,.1nJ six
h1U1<l1<J <loll.mi
SIJil
GIS Specialist ',\ NA I N1\ I (11n~ hunJu..t 1hiri)'
t.111ll,1r.<)
Other:
;\ NA NA NA N:\. N.~
Other:

NA :-<A N., NJ\ NA N,1
Other:
,\ ;Ii,\ N" N,I N,\ ~'A
S>t?5 S?,!15 S2,355 :ii ~j .;~.'IJU
((our ?tuitJh.~J l\~ nl)· Ii,·(· (i-...•u lh ,u,.1rul 1'4'u humlri:tl (lwu lh1Hh,u1L1,t:1rl'( hundr,:U hfly (fuu1 lit1nd1c,l n,·cnly 11:H· NA (J)\c 1h11\h.ir.LI ltJu1 Total Labor J.,11 ... i Lft·C"nly uvc Jolbf~) (11/t.:duU.iu) 11011.u,} h~1mha:,J tl1UL)' llc,11.u,J NA .;,,., s.1,0 N.-. NA NA
other Direct Costs t_uni:.· hum.111.:J fifi)' J,,11.u } (oni,; h,u1J11,;\1 (dit ~ll'!ll.:io) S.•:25 ;1.37; Sl,'IS; S·U5 SS.,730

TOTAL CONTRACT
({nm ?umJ1rJ (\\'l'OI)' lo · (I o lhuu_ .!nd lhrci: hunUu:d (th·1.t 1h11u,.1nJ four hunJrN. 111'1~· (fuur hundr..:tl l\,..-~n1y fo~c NA (ii,•i;:· thu11'.),1nJ ::-t:Yc;O ,bll,,.) M.~vcr.ly II Ve dnll.n:t) five ..!111/.11") ,.ln!IJr,) i11.1:iJr~J1hiJ1)· <lull.ir.'l) I Trr1t.o1ltr. onlinR h11d "\lr',\")':1> .. u~ nol JC\jUiruL Tiu" h\.~•·k \<,,'JII ht·p ~fnt l J \.H'tgH11.: ltdJ h1t~l<~Sh1 (JIC'iltl i,; Tun ... u~u M.tlt.·riJh 11.1 l~ l[nlJh fo:· thb 1.u.k J))~lmt.! ~um-..• li..·r ) tif"t:1:n lJ1 L/IOJJ1 .. d1u Jurin& !he)" .irfi r uth~r .i~p:c1;.h. ()f llu.--pt,li)l.'"t:I
20 23 of 26
May 3, 2022, Item #5
ATTACHMENT 2 EXHIBIT 1
ANNUAL COST BREAKDOWN BY TASK FOR EARTHEN CHANNEL MOWING PROGRAM (26 SECTIONS OF CHANNEL) Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to exceed the contract amount. Table shall assume all 26 sections of earthen channel.

Labor Category Task 1: Permit Task 2: Recon Task 3: Monitoring Task 4: Client Total Hours Total Cost Review Survey Memos Coordination
1 I J :i7JS
Project Manager
NA I I l)1.·n•n hun ,d
limiv fo·c.-JJt)~Jh)
srn,
Asst. Project Manaqer
NA I I I l (fro,\·ln.mJ.•cJf(HI)'
l1nll,,-n.)
Principal Biolooist
N,\ I\ )'/_\ NA
~"' i'!,\
Restoration Ecologist
N.\ !-!A ~A \ NA N.\

51.lJOO
,\ ?o !U NA 11) {fuurth:1u:c,..1rttl
Fiel.d Biolooist Joi h)
~l)U
I
GIS Speciahst
:-.·.\ NA ,\ I (one-h'ur~JrcJ 1h1ny
J<>ll~"J

NA NA NA
Other:

NA N,\ N,\
NA ~-" NA ~A NA NA Other:

NA Nt\ Nt\ N.\ NA NA
Other:

51.125 :Sl.S55 $·125 1$,405,
NA flwo lhou.uRd f11 • tiunJ.r~J {lli\.·o 1homlnJ fir~ hun<l1\.J iJi_il-1:1 hvnJr"-J ,...,cnly fr,1c (fin· 1hou,..i.nJ four Total Labor U\·1:nt)' fnc Jull.1r,,,_) fifl\'fl\'..:•J.oll.Jch} Joll,r,) hunJ,n! h~11: JuJbn;) s,s. $15(/ NA NA
other Direct Costs ., 4111-.c tmn.fu..J. 11llJ' Jd).,us:) (unc l1un:Jrt·-J 1'i1tr t!ullJu) NA s2,s15, Sl,7115 ~HS ,15,705

TOTAL CONTRACT
NA (l ,'l1 flto!...--vnd (1\'C· hunJ:~J tu~'o 1h1lll.).MtJ 'H'\'cn hum.frc-i.1 IJH ffut.t hu1u.lf1...J h'\'t:nfy li._.c ~,\ (fr:.·.;-1holh.1nJ S\:\~ n "At.'\"f;'.N.}'fin.·Ji)JIJb) J:,IIJr,) J.,ll.rs) lulr.llr1.•Ji1-.c,!o~l.J1s) l Trpi,aUr. nntmgh-irJ :11.n c)~ Jll' nul fL·qu1rnl ·rhn WM)( ~·illhl.~pi:.·thHltu·J U)J.:1 lbce Ji ·lJ hiul~:gnt r..111..:011 a T111h: amJ MJ-lcn.JI-, h.Dh. llHUJ for thh.r11"k a">l'..!lll~ mmc kvd ,,fgn:..cr.U. -.1 urJ;.n.moo Juung iii..: )'•.",H fur 111?!.:r ,1. P"'" h ult i11.• pr11,\..~I.
21 24 of 26
May 3, 2022, Item #5
ATTACHMENT 2 EXHIBIT 1
Hourly Service Rate
Labor Category Hourly Rate
(Examples of position titles. Actual
positions and titles may be different and
must be filled in by the proposer)
Project ManaQer/Principal BioloQist $245 (l\~o humhcd fot'ly fwc dollJn} Assistant Project Manager/Wetland Specialist $180 (on" h11111.lr..,,I ..,1,,h1v dnllJrsl Restoration Ecologist $145 I ,,n,• hun,lrcd r,}r1V live ,lnll,ird Restoration Biologist $200 /t,.,,. l.,on,lrn 1 ,1,.11,..-l Field Biologist $90 (11ine.1y dollars)
Field Biologist $120 (one hundred twent)' dollJrs)
Field Biolgist $80 (eighty dllllars)
Field Biologist $80 (eighty U(lllarsJ
GIS Specialist $130 (one hundred thirty dollars)
CEQA/NEPA $245
(l\\lO hundred forty five dollMs)
UAS $100
(one hundred thirty dollars)
UAS $90 (nincir dnllars)
Stormwater $250 (lwo hundred iifl>• dollars)
Urban Forestry $180 (one hundred eight)' doll.us)
Habitat Conservation Planning $245 (two hundred furl)' live Joll;m) Open Space Management $160 (oue hundred ~i:<ty dollars) Compliance $170 (011c hundred ,event}' dollars)
25 of 26
May 3, 2022, Item #5
2020 ST ANDA RD SCHEDULE OF CHARGES ATTACHMENT 2 EXHIBIT 1

ENGINEERING SERVICES
Project Director.... . ............................................................. $290.00/hr Principal Engineer Ill .............. , ...................................................... $270.00/hr Principal Engineer II .................................................................... $260.00/hr Principal Engineer 1 .................................................................... $250.00/hr Program Manager .......................................... _, ........................... $230.00/hr Senior Project Manager ............................................................. $230.00/hr Project Manager .......................................................................... $225.00/hr Senior Engineer Ill .................................................................... $220.00/hr Senior Engineer II ..................................................................... S210.00/hr Senior Engineer I ....................................................................... $200.00/hr Project Engineer IV/Technician IV ............................................... $190. 00/hr Project Engineer Ill/Technician 111 ................................................. $180.00/hr Project Engineer II/Technician 11. ................................................. $165.00/hr Project Engineer lffechnician !... ............................................... $150.00/hr Senior Designer ........................................................................... $170.00/hr Designer ..................................................................................... $160.00/hr Assistant Designer.. . .. .................... .. ........ . .. . .. .. $155.00/hr CADD Operator HI .................................................................... $150.00/hr CADD Operator U ....................................................................... $140.00/hr CADD Operator I ........................................................................ $125.00/hr GADD Drafter ............................................................................. $115.00/hr GADD Technician ....................................................................... $110.00/lv Project Coordinator ....................................................................... S 120. 00/ r Engineering Assistant .................................................................. $115.00/hr

ENVIRONMENTAL SERVICES
Project Director.......... .. ................................................... $245.00/hr Senior Specialist IV ..................................................................... $230.00/hr Senior Specialist Ill ...................................................................... $220.00/hr Senior Specialist 11 ...................................................................... $200.00/hr Senior Specialist I ....................................................................... $190.00/hr Specialist V ................................................................................. $180.00/hr Specialist IV ................................................................................... $170.00/hr Specialist 111 .................................................................................. $160.00/hr Specialist 11 ................................................................................... $145.00/hr Specialist 1 .................................................................................... $130.00/hr Analyst V ...................................................................................... $120.00/hr Analyst IV ................................................................................... $110.00/hr Analyst 111 .................................................................................... $100.00/hr Analyst II.. .................................................................................... $90.00/hr Analyst 1 ......................................................................................... $80.00/hr Technician IV ................................................................................. $90.00/hr Technician Ill ................................................................................ $80.00/hr Technician 11 .................................................................................. $70.00/hr Technician I ................................................................ $60.00/hr Compliance Monitor ....................................................................... $95.00/hr

DATA MANAGEMENT SERVICES
GIS Programmer 1 ....................................................................... $185.00/hr GIS Specialist IV .......................................................................... $160.00/hr GIS Specialist 111 ....................................................................... $150.00/hr GIS Specialist 11 .......................................................................... $140.00/hr GIS Specialist 1 ........................................................................... $130.00/hr Data Analyst 111 ............................................................................ $100.00/hr Data Analyst II .............................................................................. $90 .00/hr Data Analyst I ............................................................................... $80.00/hr UAS Pilot .......................................................................................... $100.00/hr

CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager ....................................................................... $195.00/hr Senior Construction Manager ..................................................... $180.00/hr Senior Project Manager ............................................................... $165.00/hr Construclion Manager ................................................................. S 155.00/hr Project Manager ......................................................................... $145.00/hr Resident Engineer ..................................................................... $145.00/hr Construction Engineer ................................................................. $140.00/hr On-site Owner's Representative .................................................. $140.00/hr Construction Inspector Ill ............................................................ $130.00/hr Construction Inspector 11 ............................................................. $120.00/hr Construction Inspector 1............ .... ........ .... .. ..................... $110.00/hr Prevailing Wage Inspector .......................................................... $135.00/hr DUDEK
26 of 26

HYOROGEOLOGICAL SERVICES
Project Director. .. . ........................................ $285.00/hr Principal HydrogeologisVEngineer II ............................................ $265.00/hr Principal HydrogeologisVEngineer I ............................................. $250.00/hr Sr. Hydrogeologist IV/Engineer IV. .............................................. $235.00/hr Sr. Hydrogeologist Ill/Engineer Ill ................................................. $220.00/hr Sr. Hydrogeologist II/Engineer II .................................................... $205.00/hr Sr. Hydrogeologist I/Engineer I ................................................... $190.00/hr Hydrogeotogist VI/Engineer VI........ . ............................... $175.00/hr Hydrogeologist V/Engineer V ........................................................ $165.00/hr Hydrogeologist IV/Engineer IV ..................................................... $155.00/hr Hydrogeologist Ill/Engineer 1ll ...................................................... $145.00/hr Hydrogeologist II/Engineer ll ........................................................ $135.00/hr Hydrogeolagist I/Engineer I. .......................................................... $125.00/hr Technician........ .. ....................................... ........... .. ......... $100.00/hr

DISTRICT MANAGEMENT & OPERATIONS
District General Manager ......................................................... $195.00/hr District Engineer ........................................................................ $185.00/hr Operations Manager ................................................................... $160.00/hr District Secrelary/Accountanl ..................................................... $120.00/hr Collections System Manager ....................................................... $135.00/hr Grade V Operator ....................................................................... $125.00/hr Grade IV Operator ....................................................................... $110.00/hr Grade Ill Operator .. . .. . .. . ... .. .. . .. . .. . .... .. ............................... $100.001hr Grade fl Operator ........................................................................ $75.00/hr Grade I Operator.......... ................. ........................................ . S70.00/hr Operator in Training.................................................................. $65.00/hr Collection Maintenance Worker II ................................................. $75.00/hr Collection Maintenance Worker I .................................................. $65.00/hr

CREATIVE SERVICES
30 Graphic Artist.. ...................................................................... $180.00/hr Graphic Designer IV.. ..................... .... .. ............ .. ....... $160.00/hr Graphic Designer ll1 ...................................................................... $145.00/hr Graphic Designer ll ...................................................................... $130.00/hr Graphic Designer l ........................................................................ $115.00/hr

PUBLICATIONS SERVICES
Technical Editor Ill ........................................................................ $145.00/hr Technical Editor II ........................................................................ $130.00/hr Technical Editor l .......................................................................... $115.00/hr Publications Specialist lll ............................................................... $105.00/hr Publications Specialist 11 ................................................................ $95.00/hr Publications Specialist I ................................................................ $85.00/hr Clerical Administration ................................................................... $90.00/hr Foren,-lc Engineering -Coun appearances. depositions, and inierrogalories as expert witnes,; II be ·ned al 2.00 limes normal rates.

Emergency and Holidays -inimum chasge of two hours will be bilfed at l.75 limes I e n<lfmal rate.

Materlal and Outsldo Services -Subcontractors, rental of special equipm nt. special reproductions and bluepnnting, outside data processing and coirputer services, elc .• are charged at 1.15 ·mes the direct cost.

Travel Expenses -Mileage at current IRS allowable rates. Per o'iem where overnight stay is im•olved is charged at cost
lnvolcn, Lale Chargn -All fees will be billed lo Cllem monthly and shall be due and payab-le upon receipt Invoices are delinquem if not paid wilhin 30 days !rem the dale or the invoice. Client agrees to pay a monthly late charge equal to 1 o/o per month of the outstanding balance until paid in fut.

Annual lncreas&s -Unless identified olherwise. lhese staodard ra\es will inae.ise 3%aM a!iy.

Tile rates lis1e11 abOve assume p1e11alllng wage rates aocs not apply. If this assumption is Incorrect Oudek rese111e~ the 1ighl to adjust its ,ates ao;ordingly.

Effective January 1, 2019
May 3, 2022, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
May 3, 2022
Honorable Mayor and Members of the City Cot\ncil
Eric Heidemann, Director of Public Works 4
Will Wiley, Assistant Director of Public Works for Maintenance Operation~ (858) 668-4705 or [email protected]
Award of Contract to Blue Pacific Engineering Construction, Inc. for Booster Pump Replacement; Bid No. 22-001
A Request for Bid (RFB) for the Booster Pump Replacement, Bid No. 22-001, was duly advertised on October 14 and October 21, 2021. Mandatory pre-bid meetings were held on November 16, 2021, and December 7, 2021, and attended by nine (9) companies. Three (3) bids were received and opened on January 12, 2022. Staff reviewed the bids and determined the lowest responsible and responsive bidder to be Blue Pacific Engineering Construction, Inc.

Recommended Action:

It is recommended that City Council award the contract for booster pump replacements to Blue Pacific Engineering Construction, Inc. and authorize the City Manager to execute any necessary documents.

Discussion:

Booster Pump Replacement, Bid No. 22-001, consists of the replacement of four (4) damaged irrigation booster pump stations within Landscape Maintenance District 19-01 (LMD 19-01 ). The project will involve the removal of the existing pump, motor and control equipment at each site. The pumps will be replaced with stainless-steel pumps, motors and variable-frequency drives. The new pumps will be plumbed to the existing intake and discharge lines within the existing enclosures.

The scope of work originally consisted of ten (10) irrigation booster pump replacements. In the Fiscal Year 2021-22 budget, $102,000.00 was budgeted for the booster pump replacements. All bids received to replace the ten (10) irrigation booster pumps came in above budget. To ensure that the project remained within the amount budgeted for Fiscal Year 2021-22, the scope of work was modified to include only four (4) of the ten (10) sites. Staff prioritized the sites based on overall irrigation booster pump condition and need. The replacement of the remaining six (6) irrigation booster pumps has been included in the Fiscal Year 2022-23 budget process for Council's consideration. The four (4) locations for the replacement booster pumps are listed in Table 1 on the following page. 1 of 12
May 3, 2022, Item #6
Table 1: LMD 19-01 Booster Pump Replacement Site Locations Site Location Description
1 Community Road (west side, 400 feet north of Stowe Drive) 2 Stowe Drive (north side, 50 feet east of Brookprinter Place) 3 Stowe Drive (south side, 100 feet west of lavelli Way) 4 Stowe Drive (south side, 300 feet east of Community Road) All four (4) irrigation booster pumps to be replaced have reached the end of their useful life and are non-functional. Insufficient irrigation water pressure has led to a lack of sprinkler coverage in these areas, resulting in "brown spots" between sprinkler heads. The replacement irrigation booster pumps will increase both sprinkler coverage and also efficiency in scheduled watering of the areas.

On October 14 and October 21, 2021, staff duly advertised an RFB. On November 16, 2021, and December 7, 2021, staff held mandatory pre-bid meetings, which were attended by nine (9) companies. Three (3) bids were received and opened on January 12, 2022. A summary of the submitted bids is listed in Table 2 below:

Table 2: Bid Results
Company Total Bid Amount Total Bid Amount
(All 10 Sites) (Sites 1, 2, 3, 4)
Blue Pacific Engineering Construction, Inc. $235,000.00 $ 94,000.00 HPS Mechanical, Inc. $748,354.56 $289,152.68
Hydrocurrent Well Services LLC $320,382.00 $125,861.00
The low bid submitted by Blue Pacific Engineering Construction, Inc. was responsive and met the requirements of the bid specifications. Based on the bids received and the work required to complete the project, Blue Pacific Engineering Construction, Inc's price is fair, reasonable, and Blue Pacific Engineering Construction, Inc. is qualified to complete the work. The contract time for this project is 15 working days. Staff recommends that a contract be awarded to Blue Pacific Engineering Construction, Inc. for the removal, disposal, and replacement of four (4) irrigation booster pump stations within LMD 19-01 in the total amount of $94,000.00.

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 LMD 19-01 Division budget (420140-41200) to award this contract.

Public Notification:

None.
2 of 12
May 3, 2022, Item #6
Attachments:

A. Contract with Blue Pacific Engineering Construction, Inc.

Reviewed/ Approved By:

Assistant City Manager
3 of 12
Reviewed By:

Alan Fenstermacher
City Attorney
May 3, 2022, Item #6

CONSTRUCTION CONTRACT

CITY OF POWAY

BOOSTER PUMP REPLACEMENT
This Contract made and entered into this 3rd day of May, 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Blue Pacific Engineering Construction, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:

1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition,

2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.

3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: The replacement of four (4) damaged irrigation booster pump stations for the Landscape Maintenance District.

4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
4 of 12 ATTACHMENT A
May 3, 2022, Item #6

5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $94,000.00 the "Contract Price."
City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.

6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within Fifteen (15) Working Days after the date specified in the Notice to Proceed.

7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500.00) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.

8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.

9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1.

10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract.
5 of 12
May 3, 2022, Item #6

11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813.

12. Contractor will comply with the provisions of Labor Code § 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract.

13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.

14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.

15. a. Contractor shall procure and maintain at its own expense, until completion 6 of 12
of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.

May 3, 2022, Item #6
7 of 12
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees.
d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.

May 3, 2022, Item #6
g.

Contractor
agrees
and
acknowledges
that
if
it
fails
to
obtain
all
of
the
insurance
required
in
this
Agreement
in
accordance
with
the
requirements
herein,
or
to
obtain
and
ensure
that
the
coverage
required
herein
is
maintained
by
any
subcontractors
or
others
involved
in
any
way with
the
Project,
Contractor
shall
be
responsible
for
any
losses,
claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
nature
attributable
to
the
City,
and/or
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.

Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City.
b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.

Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages. c.

Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.

Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.

Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non
renewal
or
reduction
in
coverage
or
limits.
e.

All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.

17. a.

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
8 of12
officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
May 3, 2022, Item #6
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or volunteers. b.

The
City
does
not,
and
shall
not,
waive
any
rights
that
it
may
have
against
Contractor
under
this
Section
because
of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.

The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein
.

18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing executed
by
the
Contractor
and
the
City.

Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.

19. The
Contract
Documents
contain
all
of
the
agreements
and
understandings
of
the
parties
and
all
previous
understandings,
negotiations,
and
contracts
are
integrated
into
and
superseded
by
this
Contract.

20. In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Contract
shall
be
declared
invalid
or
unenforceable
by
a
valid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect
any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Contract
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
parties
hereunder.

21. The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this
Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
this
Contract.

22. This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns.

23. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local, state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances.

24. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.

25. After
completion
of
the
work
contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms
supplying
materials,
and
all
subcontractors
upon
the
project
have
been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if any,
to
be
set
forth
in
an
affidavit
covering
9 of12
May 3, 2022, Item #6
disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.

26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers.

Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.

27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.

28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.

29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.

30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
10 of 12
May 3, 2022, Item #6
d.

In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.

Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.

31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.

32. All
work
shall
be
guaranteed
for
a
period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.

Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.

City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
11 of
12 May 3, 2022, Item #6
IN

WITNESS

WHEREOF,
the
said
Contractor
and
the
City
Manager,
City
Clerk
and
City
Attorney
have
caused
the
names
of
said
parties
to
be
affixed
hereto,
the
day
and
year
first
above
written.

Contractor's
Name:

Blue
Pacific
Engineering
Construction,
Inc.

By:
----------
Signature Print
Name
Contractor
information:

Address for
Notices
and
Payments
Telephone
Number:
______
_
Email: ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

RUTAN
&

TUCKER,
LLP
Alan
Fenstermacher,
City
Attorney
12 of
12 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
May 3, 2022, Item #7
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

May 3, 2022
Honorable Mayor and Members of the City Council
Aaron Beanan, Director of Finance~
Aaron Beanan, Director of Finance
(858) 668-4411 or [email protected]
City's Investment Report as of March 31, 2022

CITY COUNCIL
Quarterly reports of investments are required to be presented to the City Council per state code and the City's Investment Policy. For your information, attached is an investment portfolio report as of March 31, 2022.

Recommended Action:

It is recommended that the City Council accept and file the attached report.

Discussion:

Pursuant to Government Code Sec. 53646(b)(1) and the City's Investment Policy, the Director of Finance (i.e., Treasurer) renders a quarterly investment report to the City Council concerning the investment portfolio's earnings and performance results. In accordance with the Investment Policy, the quarterly report includes information such as the investment type, issuer, date of maturity, par value, amount invested, current market value, and the source of the market value information.

The City is in compliance with its adopted investment policy, and the City's investment program provides sufficient liquidity to meet its cash flow requirements for the next six months. The fair value of the City's investment portfolio as of March 31, 2022, was $132,360,275. It consisted of the following:

Investment Portfolio Total
Cash $20,425
Deposits at CalTRUST 22,853,051
Deposits at the Local Agency Investment Fund (LAIF) 34,226,662 U. S. Treasury Notes 26,110,692
U. S. Instrumentalities 28,616,701
Corporate Notes 20,532,744
Fair Value of Investment Portfolio as of March 31, 2022 $132,360,275 1 of 31
May 3, 2022, Item #7
The City's portfolio balance increased by $8.3M between December 31, 2021 and March 31, 2022 as the result of a timing issue. A debt service payment was made in December 2021 and the funding for that payment was not received until January 2022. It is the City's practice to keep funds (including those identified to pay for Capital Improvement Projects) invested and earning interest until they are needed. In addition to changing market conditions, reductions in the fair value of the Investment Portfolio can also be reflective of payments for large capital projects.

The attached portfolio report (Attachment B) and investment report (Attachment C) were prepared by the City's investment manager, Insight Investment, with input from the City's Finance Department. The portfolio report includes all investments while the investment report includes only those investments managed by Insight Investment.

All City funds, including the General Fund, Water Fund, Wastewater Fund and others -except those identified in Attachment D, are pooled and invested, with earned interest allocated quarterly based on the average daily cash balance in each fund. The funds on deposit at LAIF and CalTRUST earn interest at variable rates. The interest rate for the month ending March 31, 2022, is estimated at 0.37% for LAIF, 0.32% for the CalTRUST short-term fund, and 0.67% for the CalTRUST medium-term fund.

For fixed income securities, the difference between amortized cost and fair value is considered an unrealized gain or loss. A realized loss is when the principal of the security is redeemed before its maturity date at a fair value lower than its amortized cost value. The amortized cost value of the externally managed investment portfolio is $76,255,593; the fair value is $75,280,562 for an unrealized loss of $975,031 or -1.28% of the total amortized cost value. The source of the fair value information for the U.S. Treasury Notes, the U.S. Instrumentalities, Corporate Notes, and Municipal Bonds is Interactive Data Corporation.

Also included with this report are recaps of the City's cash and investments held by fiscal agents, non managed investments, and cash on hand. The total book value of the cash and investments held by our fiscal agent, U.S. Bank, at March 31, 2022, was $464,896. The source of the market value information for these investments was U.S. Bank. The total book value of the non-managed investments was $98,129 at March 31, 2022. The City's cash on hand at March 31, 2022 totaled $1,275,071.

The March 31, 2022 balance of the City's Library Trust Fund was $259,109. Through the Fiscal Year 2021-22 period ending March 31, 2022, no transfer of interest earnings has been made to the General Fund. At the close of Fiscal Year 2021-22, 90% of the Library Trust Fund's interest earnings will be transferred to the General Fund to partially offset library operating expenses.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The externally managed investment portfolio earned $132,583 interest during March 2022, as well as $110,588 interest during February 2022, and $124,508 during January 2022. Fees for investment services during this period totaled $8,492.
2 of31
May 3, 2022, Item #7
Public
Notification:

None. Attachments: A.

Investment
Statistics
B.

Investment
Portfolio
Report
prepared
by
Insight
Investment
C.

Investment
Report
Prepared
by
Insight
Investment
D.

City
of
Poway
Investments
and
Cash
with
Fiscal
Agent;
General,
Payroll,
and
Petty
Cash
Report
at
March
31,
2022
Reviewed/
Approved
By:

Assistant
City
Manager
3 of
31 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
~ City
Manager
May 3, 2022, Item #7
City of Poway
Investment Statistics
Separately Managed Investment Pools
Fair Value:

CalTRUST Short-Term Deposits
CalTRUST Medium-Term Deposits
Deposits at the Local Agency Investment Fund (LAIF)
Total Fair Value
Weighted Average Yield
Effective Average Duration in days
Weighted Average Maturity in days
Externally Managed Investment Pools
Fair Value:

Cash
U. S. Treasury Notes
U. S. Instrumentalities
Corporate Bonds
Total Fair Value
Amortized Cost Value:

Cash
U. S. Treasury Notes
U. S. Instrumentalities
Corporate Bonds
Total Amortized Cost Value
Unrealized Gain (Loss)
Accrued Interest Earned
Weighted Average Yield
Effective Average Duration in years
Weighted Average Maturity in years
Total Fair Value of Portfolio Assets
Weighted Average Yield
Effective Average Duration in years
Weighted Average Maturity in years
Glossary of Yield Terminology
March
2021
11,449,885
11,794,038
22,447,798
45,691,721

0.38%
1 1
10,725,199
36,099,830
21,622,891
68,447,920
10,421,241
35,392,712
21,083,224
66,897,177
1,550,743
145,523

1.76%

1.84 2.01
114,139,641

1.21%

1.10 1.21
December
2021
11,442,789
11,744,381
33,912,075
57,099,245

0.24%
1 1
213,218
15,853,027
29,733,396
21,100,020
66,899,661
213,218
15,789,778
29,480,781
20,881,599
66,365,376
534,285
132,480

1.43%

1.53 1.67
123,998,906

0.88%

0.83 0.90
Coupon: A
bond's coupon is the periodic interest payment made to the holder of the fixed income security during the life of the bond. Coupon payments can be made monthly, quarterly, or annually.

Book Yield: The Book Yield is that rate of return that will make the present value of the future cash flows of a fixed income security equal to the price paid for the security. This assumes that the security will be held to its maturity.

Current Yield: Annual rate of return on an investment expressed as a percentage. Current Yield of a fixed income security is the annualized earnings (coupon) divided by the bond's market value as of the valuation date.

One Year Total Yield: The One Year Total Yield or One Year Return represents the portfolio's percentage change over a year's time, factoring in interest payments, changes in market value and reinvestment of distributions.

March
2022
11,392,456
11,460,595
34,226,662
57,079,713

0.42%
1 1
20,425
26,110,692
28,616,701
20,532,744
75,280,562
20,425
26,519,685
28,909,902
20,805,581
76,255,593
(975,031)
132,583

1.30%

1.30 1.40
132,360,275

0.92%

0.74 0.80
Weighted Average Yield:

The total yield on a bond portfolio divided by the number of bonds contained in it, weighted for the size of each bond so that the yield of large holdings does not drown out the calculation of yields on small holdings.

Yield to Maturity: The Yield to Maturity (YTM) or Market Yield to Maturity of a fixed income security is that rate of interest that will make the present value of the future cash flows equal to the market value as of the valuation date, assuming the bond is held to maturity. 4 of 31 ATTACHMENT A
May 3, 2022, Item #7
City of Poway
Monthly Investment Portfolio Report
March 31, 2022
Separately Managed Investment Pools % Return
LAIF $ 34,226,662 60% 0.37%
CalTrust -Short $ 11,392,456 20% 0.32%
CalTrust -Medium $ 11,460,595 20% 0.67%
Total Internally Managed $ 57,079,713 43%
Weighted Average Yield 0.42%
Days
Effective Average Duration -Internal 1
Weighted Average Maturity -Internal 1
Externally Managed Assets % Return
Cash $ 20,425 0% 0.01%
Treasury Securities $ 26,110,692 35% 0.96%
Instrumentality Securities $ 28,616,701 38% 1.37%
Corporate Notes $ 20,532,744 27% 1.62%
Total Externally Managed $ 75,280,562 57%
Weighted Average Yield 1.30%
Years
Effective Average Duration -External 1.30
Weighted Average Final Maturity -External 1.40
Total Portfolio Assets % Return
LAIF $
CalTrust -Short $
CalTrust -Medium $
Cash $
Treasury Securities $
Instrumentality Securities $
Corporate Notes $
Total Portfolio Assets $
Weighted Average Yield
Effective Average Duration -Total
Weighted Average Maturity -Total
Portfolio Change
3rd Quarter Beginning Balance
3rd Quarter Ending Balance
Assets values shown at Market
5 of 31
34,226,662 26% 0.37%
11,392,456 9% 0.32%
11,460,595 9% 0.67%
20,425 0% 0.00%
26,110,692 20% 0.96%
28,616,701 22% 1.37%
20,532,744 16% 1.62%
132,360,275

0.92%
Years

0.74 0.80
$
$
CalTrust -
CalTrust -Short,
20%
Securities
29%
Corporate
Note
123,998,906
132,360,275

ATTACHMENT B
Cash, 0%
CalTrust -Short
12%
Securities
26%
Treasury
Securities, 35%
CalTrust -
Cash
0%
May 3, 2022, Item #7

ATTACHMENT
C
May 3, 2022, Item #7
-.J
Contents 0 ....
w ..a.

Fixed income market review 3
Activity and performance summary 4
Recap of securities held 6
Maturity distribution of securities held 7
Securities held 8
GASB 40 - Deposit and investment risk disclosure 13
Securities purchased 17
Securities sold and matured 18
Detail of return and interest received 19
Transaction report 22
Additional information 24
May 3, 2022, Item #7
00 0 ..... w ...a.

FIXED INCOME MARKET REVIEW
As of March 31, 2022
Chart 1: Commodity prices become increasingly volatile
130 I
120 [
110 I
= 100 f
j 90 f
tn so I
I
70 f·
60 !50
Jan-21 Mar-2 1 May-21 Jul-21 Sep -21 Nov-21 Jan-22 Mar-22 Russia full scale invasion of Ukra ine
Source : Bloomberg, March 31 , 2022
--WTI Crude oil
Chart 2: Short-end Treasury yields rise as the Fed becomes more hawkish

3.0%

2.5%
-o 2.0% v >,
~1 .5%
ff,
ro
<I)
~ 1 0%

0.5%
--- ------ - --------

0. 0% +----..-------r---~-----.----..--------.-----.
3M 6M 1Y 2Y 3Y 5Y 7Y 10Y
--- Mar-22 - Feb-22
Source: Bloomberg, March 31, 2022

CITY OF POWAY
Economic Indicators and Monetary Policy
The Federal Reserve (Fed) kicked-off its rate hiking cycle, with its first rate rise since 2018. The Fed's quarterly "dot plot" was increasingly hawkish for the third straight meeting. The median projection rose to seven rate hikes this year, up from four in December. This implies one 25bp hike at every remaining meeting this year. Seven members were even more hawkish than this, pointing to openness toward 50bp moves.

CPI recorded another multi-decade high, albeit this time in line with expectations at

7.9% year-on-year, while Core CPI was 6.4%. Within the "sticky" categories, Notably, healthcare inflation moderated. In the shelter categories, owners' equivalent rent maintained its recent pace at 0.4%, while rents accelerated to 0.6%.

Employment growth continued its strong run, with nonfarm jobs up 678,000, well above consensus estimates for ~500,000. The unemployment rate fell to 3.8% from 4%, further than expected even as the participation rate ticked up to 62.3%, a new cycle high. Average hourly earnings, the most anticipated element of the employment report, underwhelmed however, by remaining unchanged. However, idiosyncratic issues likely played a part following disruptions relating to the Omicron Covid-19 variant.

The war in Ukraine continued with Russia failing to take control of Kyiv and toward the end of the month, appearing to concentrate on Ukraine's Eastern regions. Tentative peace talks began by the end of the month, albeit terms of an agreement still far off.

The US announced a ban of imports on Russian oil and gas and the release of up to 180m barrels of domestic oil reserves over six months. This is the largest release since the reserve was created in 197 4. Commodity prices continued to be volatile, particularly oil, gas, wheat and other agricultural commodities (Chart 1 ).

Interest Rate Summary
Yields rose materially across the curve, particularly the short end (Chart 2). At the end of March, the 3-month US Treasury bill yielded 0.51 %, the 6-month US Treasury bill yielded 1.03%, the 2-year US Treasury note yielded 2.34%, the 5-year US Treasury note yielded 2.46% and the 10-year US Treasury note yielded 2.34%. 3 May 3, 2022, Item #7
ID
0 ACTIVITY AND PERFORMANCE SUMMARY
For the period March 1, 2022 - March 31 , 2022
:; I Amortized Cost Basis Activity Summary
- Opening balance
Income received
Total receipts
Total disbursements
lnterportfolio transfers
Total lnterportfollo transfers
Realized gain (loss)
Change in accruals from security movement
Total amortization expense
Total 01D/MKT accretion Income
Return of capital
Closlng balance
Ending fair value
Unrealized gain (loss)
140,403 .73
9,660,000 .00
Comparative Rates of Return{%)
Fed Funds
Overnight Repo
Merrill Lynch 3m US Treas Bill
Merrill Lynch 6m US Treas Bill
ML 1 Year US Treasury Note
ML 2 Year US Treasury Note
ML 5 Year US Treasury Note
* rates reflected are cumulative
* Twelve
month trailing

0.09 0.05

0.09 0.16

0.32 0.59

1.16 * Six
month trailing

0.05 0.03

0.08 0.14

0.29 0.49

0.74 66,495,908 .58
140,403.73

0.00 9,660,000 .00

0.00 0.00
(48,033.85)
7,314.45

0.00 76,255,592.91
75,280,561 .26
(975,031 .
65)
* One month

0.02 0.01
O.Q3

0.06 0.11

0.16 0.18
Detail Qf AmQrtized Cost Basis Return
Interest Accretion Realized
earned (amortization) gain (loss)
Cash and Cash Equivalents 2.02 0.00 0.00
Corporate Bonds 58,927.90 (25,339.41) 0.00
Government Agencies 51,136.18 (13,060.31) 0.00
Government Bonds 22,517 .33 (2,319.68) 0.00
Total 132,583.43 (40,719.40) 0.00
Summary Qf Amortized Cgst Basis Return for the Period
Interest earned
Accretion (amortization)
Realized gain (loss) on sales
Total income on portfolio
Average daily amortized cost
Period return(%)
YTD return(%)
Weighted average final maturity in days

CITY OF POWAY
Total
income

2.02 33,588.49
38,075.87
20,197 .65
91,864.03
Total portfolio
132,583.43
(40,719.40)

0.00 91,864 .03
75,896,107 .61

0.12 0.34
511
4 May 3, 2022, Item #7
-0
0 """ w
-

ACTIVITY AND PERFORMANCE SUMMARY
For the period March 1, 2022 - March 31, 2022
Fair Value Basis Activity Summary
Opening balance
Income received
Total receipts
Total disbursements
lnterportfolio transfers
Total lnterportfollo transfers
Unrealized gain (loss) on security movements
Change in accruals from security movement
Return of capital
Change in fair value for the period
Ending fair value
140,403 .73
9,660,000.00
Comparative Rates of Return{%}
* Twelve * Six
month trailing month trailing
Fed Funds 0.09 0.05
Overnight Repo 0.05 0.03
ICE Bofa 3 Months UST-BILL 0.06 0.05
ICE Bof a 6m US Treas Bill (0.05) (0.08)
ICE Bofa 1 Yr US Treasury Note (0.94) (0.98)
ICE Bof A US Treasury 1-3 (2.84) (2.86)
ICE Bof A US Treasury 1-5 (3.72) (3.82)
* rates reflected are cumulative
66,228,713.39
140,403.73

0.00 9,660,000.00

0.00 0.00

0.00 (748,555 .86)
75,280,561 .26
* One month

0.02 0.01

0.03 (0.03)
(0.38)
(1 .33)
(1 .86)
Detail Qf Fair Value Basis Return
Interest Change in
earned fair value
Cash and Cash Equivalents 2.02 0.00
Corporate Bonds 58,927.90 (225,407.09)
Government Agencies 51,136 .18 (272,038.55)
Government Bonds 22,517 .33 (251,110.22)
Total 132,583.43 (748,555.86)
Summary Qf Fair Value Basis Return for the PeriQd
Interest earned
Change in fair value
Total income on portfolio
Average daily total value*
Period return (%)
YTD return (%)
Weighted average final maturity in days
* Total value equals market value and accrued interest

CITY OF POWAY
Total
income

2.02 (166,479 .19)
(220,902 .37)
(228,592.89)
(615,972.43)
Total portfolio
132,583.43
(748,555 .86)
(615,972.43)
75,595,702.92
(0.81)
(1 .78)
511
5 May 3, 2022, Item #7
..a.
..a.
0 ....
w ..a.

RECAP OF SECURITIES HELD
As of March 31, 2022
Cash and Cash Equivalents
Corporate Bonds
Government Agencies
Government Bonds
.t.111:~
Historical
cost
20,424.88
21,319,597.00
29,286,260 .86
26,563,184.21
Amortized
cost
20,424.88
20,805,580.72
28,909,902 .12
26,519,685.19
Fair value
20,424.88
20,532,743.62
28,616,701.36
26,110,691.40
Unrealized
gain (loss)

0.00 (272,837.10)
(293,200.76)
(408,993.79)
Weighted Percent
average of
final portfolio
maturity (days)
608
464
485

0.03 27.62

37.94 34.41
Portfolio diversification (%)
■ Cash and Cash Equivalents
■ Corporate Bonds
■ Government Agencies
■ Government Bonds
Total

0.03 27.62

37.94 34.41
100.00
Weighted
average
effective
duration (years)

0.00 1.37

1.24 1.30

CITY OF POWAY
6 May 3, 2022, Item #7
~
N
0 ....
w
~

MATURITY DISTRIBUTION OF SECURITIES HELD
As of March 31, 2022
Maturity
Under 90 days
90 to 179 days
180 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
e .§. ....,
U'I
0 u
ta u
:S
U'I
:i:

40.00 30.00

20.00 10.00
o.ooL_J••L
ofl>-f
~~
b,t;.
..::::P
~,o
~
ofl>-f
'\~
"
q,~
""
Maturity distribution
~
"~e;
,o
oil>~""
rl-' ~e, '),
,,o
~":,
~e,
':,
'\,,o
~":,
~e,
b<
":>'o
Historic cost
2,963,771.18
4,989 ,31 0.28
22,163,995.35
35,338,989.44
11,733,400.70
~":,
<-,~e,
~,o

0.00 0.00

0.00 ~":,
<-,~e,
,:;.,!;,
0 CITY OF POWAY
Percent

3.84 6.46

28.71 45.78

15.20 0.00

0.00 0.00
7 May 3, 2022, Item #7

SECURITIES HELD

CITY OF POWAY
As of March 31, 2022 ... w
acusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port ...
(loss) interest cost
Cash and Cash Equivalents
Cash and Cash Equivalents 0.000 20,424.88 20,424.88 20,424.88 20,424 .88 0.00 0.00 0.03 Total Cash and Cash Equivalents 20,424.88 20,424.88 20,424.88 20,424.88 0.00 0.00 0.03 Corporate Bonds
89233P7F7 TOYOTA MOTOR CREDIT CORP 2.625% 1 OJAN2023 2.625 01/10/2023 2,000,000.00 2,001,380 .00 2,000,293.84 2,009,720.42 9,426 .58 11 ,812 .50 2.59 084670BR8 BERKSHIRE HATHAWAY INC 2.75% 15MAR2023 2. 750 03/15/2023 1,000,000.00 1,021 ,370 .00 1,004,845.23 1,006,964 .98 2,119 .75 1,222 .22 1.32 (CALLABLE 15JAN23) 01/15/2023
931142DH3 WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) 2.550 04/11/2023 1,000,000 .00 1,015,270 .00 1,003,424.48 1,005 ,990.09 2,565.61 12,041 .67 1.32 01/11/2023
037833AK6 APPLE INC 2.4% 03MAY2023 2.400 05/03/2023 1,000,000 .00 1,007,920.00 1,002,297 .09 1,005,398 .30 3,101 .21 9,866 .67 1.31 166764BK5 CHEVRON CORP 2.566% 16MAY2023 (CALLABLE 2.566 05/16/2023 1,500,000 .00 1,552,215 .00 1,516,438 .94 1,504, 139.85 (12,299.09) 14,433.75 2.01 16MAR23) 03/16/2023
69353RFL7 PNC BANK NA 3.5% 08JUN2023 (CALLABLE 09MAY23) 3.500 06/08/2023 1,900,000 .00 1,995,436 .00 1,928 ,279.71 1,922,675.76 (5,603.95) 20,873.61 2.59 05/09/2023
17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 3.650 01/23/2024 1,400,000 .00 1,484,224.00 1,436,822.14 1,424 ,636.37 (12,185.77) 9,652 .22 1.92 12/23/2023
91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 3.375 02/05/2024 1,900,000 .00 1,999,636.00 1,941,110 .37 1,926,125 .17 (14,985 .20) 9,975 .00 2.59 01/05/2024
17275RAN2 CISCO SYSTEMS INC 3.625% 04MAR2024 3.625 03/04/2024 1,000,000 .00 1,070,370 .00 1,032,644.91 1,023,477 .92 (9,166.99) 2,718.75 1.39 06051GHF9 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 3.550 03/05/2024 2,350 ,000.00 2,488,495 .00 2,411,231 .97 2,363,416 .78 (47,815.19) 6,025.14 3.22 05MAR23) 03/05/2023
8 May 3, 2022, Item #7

SECURITIES HELD

CITY OF POWAY
As of March 31, 2022
~
~
acusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port ~
(loss) interest cost
Corporate Bonds
459200JY8 IBM CORP 3% 15MAY2024 3.000 05/15/2024 2,300,000 .00 2,463,231.00 2,410 ,310.70 2,315,211 .81 (95,098.89) 26,066.67 3.19 02665WCZ2 AMERICAN HONDA FINANCE 2.4% 27JUN2024 2.400 06/27/2024 1,000,000.00 1,012,410 .00 1,006,117 .82 992,969.11 (13,148.71) 6,133.33 1.31 46647PAY2 JPMORGAN CHASE & CO 4.023% 05DEC2024 (CALLABLE 4.023 12/05/2024 2,000, 000.00 2,207,640 .00 2,111 ,763 .52 2,032,017.06 (79,746.46) 25,926.00 2.86 05DEC23) 12/05/2023
Total Corporate Bonds 20,350,000.00 21,319,597.00 20,805,580.72 20,532,743.62 (272,837.10) 156,747.53 27.62 Government Agencies
3135G0V59 FANNIE MAE 2.25% 12APR2022 2.250 04/12/2022 2,900,000.00 2,943,346 .30 2,900,644.55 2,901,804.58 1,160.03 30,631.25 3.81 3133EA5E4 FEDERAL FARM CREDIT BANK 1.93% 18OCT2022 1. 930 10/18/2022 2,000,000.00 2,015,820.00 2,003,132.36 2,009,206.04 6,073 .68 17,477 .22 2.61 31331K3A6 FEDERAL FARM CREDIT BANK 2.71% 13DEC2022 2.710 12/13/2022 1,000,000.00 1,028,921.06 1,005,886.59 1,008,332.97 2,446.38 8,130.00 1.33 31331KAF7 FEDERAL FARM CREDIT BANK 4.09% 18JAN2023 4.090 01/18/2023 1,850,000.00 2,008,452 .50 1,887,343 .96 1,891,509 .67 4,165.71 15,343 .18 2.60 3133EKKT2 FEDERAL FARM CREDIT BANK 2.25% 08FEB2023 2.250 02/08/2023 1,000,000 .00 1,017,480 .00 1,004 ,112.94 1,007,431 .91 3,318.97 3,312 .50 1.32 3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 17FEB2023 1.37 5 02/17/2023 2,000, 000.00 2,003,400.00 2,003,179 .35 1,996, 115.32 (7,064.03) 3,361.11 2.60 3133EJFK0 FEDERAL FARM CREDIT BANK 2.65% 08MAR2023 2.650 03/08/2023 1,000,000.00 1,032,790.00 1,009,099 .36 1,008,224.54 (874.82) 1,693.06 1.34 3133EMF31 FEDERAL FARM CREDIT BANK 0.125% 02JUN2023 0.125 06/02/2023 2,000,000.00 1,968,700 .00 1,970,250.90 1,958,390.28 (11 ,860 .62) 826.39 2.55 9 May 3, 2022, Item #7

SECURITIES HELD

CITY OF POWAY
As of March 31, 2022
..a. u,
g_cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port ..a.
(loss) interest cost
Government Agencies
3137EAEN5 FREDDIE MAC 2.75% 19JUN2023 2.750 06/19/2023 2,000,000.00 2,067,740.00 2,021,075.73 2,018,263 .10 (2,812.63) 15,583 .33 2.68 3135G0U43 FANNIE MAE 2.875% 12SEP2023 2.875 09/12/2023 1,000,000.00 1,039,050 .00 1,013,571.30 1,010, 143.80 (3,427.50) 1,517.36 1.35 3133EKVB9 FEDERAL FARM CREDIT BANK 1.86% 17OCT2023 1.860 10/17/2023 2,000,000.00 1,997,646.00 1,999,142.46 1,994,244.38 (4,898.08) 16,946.67 2.59 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 06DEC2023 3.000 12/06/2023 1,000,000.00 1,071,740 .00 1,045,032.24 1,014,811 .89 (30,220.35) 9,583 .33 1.39 3130A3VC5 FEDERAL HOME LOAN BANK 2.25% 08DEC2023 2.250 12/08/2023 1,000,000.00 1,014,600 .00 1,005,654.01 999,769 .52 (5,884.49) 7,062.50 1.31 3135G0V34 FANNIE MAE 2.5% 05FEB2024 2.500 02/05/2024 1,750,000.00 1,820,547.50 1,791,204.57 1,757,644.12 (33,560.45) 6,805.56 2.36 3133EMRZ7 FEDERAL FARM CREDIT BANK 0.25% 26FEB2024 0.250 02/26/2024 1,250,000.00 1,246,747.50 1,247,699 .78 1,205,690 .98 (42,008.80) 303 .82 1.62 3133EMBE1 FEDERAL FARM CREDIT BANK 0.3% 28MAR2024 0.300 03/28/2024 2,000,000.00 1,998,500 .00 1,999,143 .88 1,918 ,697 .84 (80,446.04) 50.00 2.59 (CALLABLE 12APR22)
3135G0V75 FANNIE MAE 1.75% 02JUL2024 1.750 07/02/2024 2,000,000 .00 2,007,920.00 2,003,728.14 1,972,471.40 (31,256.74) 8,652.78 2.60 3130AL2A1 FEDERAL HOME LOAN BANK 0.5% 1 0FEB2025 0.500 02/10/2025 1,000,000.00 1,002,860.00 1,000,000 .00 943,949 .02 (56,050 .98) 708 .33 1.30 (CALLABLE 1 OMA Y22) 05/10/2022
Total Government Agencies 28,750,000.00 29,286,260.86 28,909,902.12 28,616,701.36 (293,200.76) 147,988.39 37.94 Government Bonds
912828XW5 USA TREASURY 1.75% 30JUN2022 1.750 06/30/2022 1,000,000 .00 998,515 .63 999,878.64 1,003,007 .81 3,129.17 4,350.83 1.29 10 May 3, 2022, Item #7

SECURITIES HELD

CITY OF POWAY
As of March 31, 2022
...a.

O"I
g_cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port ...a.
(loss) interest cost
Government Bonds
91282CAC5 USA TREASURY 0.125% 31JUL2022 0.125 07/31/2022 2,000,000.00 1,996,178.57 1,996,762.40 1,995,468 .76 (1,293.64) 407.46 2.59 91282CAG6 USA TREASURY 0.125% 31 AUG2022 0.125 08/31/2022 2,000,000 .00 1,994,616 .08 1,995,292.92 1,993,359.38 (1,933.54) 210.60 2.58 912828L57 USA TREASURY 1.75% 30SEP2022 1.750 09/30/2022 1,000,000.00 999,417.41 999,910.18 1,003,437 .50 3,527.32 0.00 1.29 91282CAR2 USA TREASURY 0.125% 31OCT2022 0 .125 10/31/2022 2,000,000.00 1,990,859.38 1,991,711.47 1,987,656.24 (4,055.23) 1,042.82 2.58 91282CAX9 USA TREASURY 0.125% 30NOV2022 0.125 11/30/2022 2,000,000 .00 1,988, 125.00 1,989,107.14 1,984,140.62 (4,966.52) 831 .04 2.58 91282CCN9 USA TREASURY 0.125% 31JUL2023 0.125 07/31/2023 1,300,000.00 1,287,461 .39 1,289,211.48 1,267,246 .10 (21,965.38) 264.85 1.67 9128282D1 USA TREASURY 1.375% 31AUG2023 1 .375 08/31/2023 2,000,000 .00 1,967,109.38 1,988,671.98 1,980, 156.24 (8,515.74) 2,316 .58 2.55 91282CDA6 USA TREASURY 0.25% 30SEP2023 0.250 09/30/2023 1,500,000.00 1,485,761.72 1,487,575 .51 1,458,339 .84 (29,235 .67) 0.00 1.92 912828T91 USA TREASURY 1.625% 31 OCT2023 1 . 625 1 0/31 /2023 1,600,000.00 1,640,630.36 1,631,450.51 1,586,562.50 (44,888.01) 10,845 .30 2.13 912828U57 USA TREASURY 2.125% 30NOV2023 2.125 11/30/2023 1,900,000.00 1,925,679 .69 1,909,804 .97 1,897,328 .13 (12,476.84) 13,421 .36 2.49 9128285P1 USA TREASURY 2.875% 30NOV2023 2.875 11/30/2023 1,100,000 .00 1, 151,566 .19 1,142,960.07 1,111,515 .63 (31,444.44) 10,512 .71 1.49 91282CBE0 USA TREASURY 0.125% 15JAN2024 0.125 01/15/2024 1,900,000.00 1,890,283 .71 1,892,350.76 1,828,230.46 (64, 120.30) 492.06 2.45 11 May 3, 2022, Item #7

SECURITIES HELD

CITY OF POWAY
As of March 31, 2022
...a.
....
g.cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port ...a.
(loss) interest cost
Government Bonds
912828X70 USA TREASURY 2% 30APR2024 2.000 04/30/2024 2,000,000.00 2,036 ,015 .63 2,016,343.41 1,984,687 .50 (31,655 .91) 16,685 .08 2.64 912828YH7 USA TREASURY 1.5% 30SEP2024 1.500 09/30/2024 1,000,000.00 1,032,304.69 1,025,764 .82 976,445.31 (49,319.51) 0.00 1.34 912828YM6 USA TREASURY 1.5% 31 OCT2024 1.500 10/31/2024 1,100,000 .00 1,132,015.40 1,126,821.41 1,073,187.50 (53,633 .91) 6,882.60 1.47 912828YY0 USA TREASURY 1. 75% 31 DEC2024 1.750 12/31/2024 1,000,000 .00 1,046,643 .98 1,036,067 .52 979 ,921 .88 (56, 145.64) 4,350 .83 1.36 Total Government Bonds 26,400,000.00 26,563,184.21 26,519,685.19 26,110,691.40 (408,993.79) 72,614.12 34.41 12 May 3, 2022, Item #7
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE

CITY OF POWAY
As of March 31, 2022
-00
acusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares
-
cost hist cost value mkt value dur (yrs)
United States Treasury Note/Bond
912828XW5 USA TREASURY 1.75% 1.750 06/30/2022 AA+ Aaa 1,000,000.00 998,515.63 1.29 1,003,007.81 1.33 0.25 91282CAC5 USA TREASURY 0.125% 0.125 07/31/2022 AA+ Aaa 2,000,000.00 1,996,178.57 2.59 1,995,468.76 2.65 0.33 91282CAG6 USA TREASURY 0.125% 0.125 08/31/2022 AA+ Aaa 2,000,000.00 1,994,616.08 2.58 1,993,359.38 2.65 0.42 912828L57 USA TREASURY 1.75% 1.750 09/30/2022 AA+ Aaa 1,000,000.00 999,417.41 1.29 1,003,437.50 1.33 0.50 91282CAR2 USA TREASURY 0.125% 0.125 10/31/2022 AA+ Aaa 2,000,000.00 1,990,859.38 2.58 1,987,656.24 2.64 0.58 91282CAX9 USA TREASURY 0.125% 0.125 11/30/2022 AA+ Aaa 2,000,000.00 1,988,125.00 2.58 1,984,140 .62 2.64 0.66 91282CCN9 USA TREASURY 0.125% 0.125 07/31/2023 AA+ Aaa 1,300,000 .00 1,287,461.39 1.67 1,267 ,246.10 1.68 1.32 9128282D1 USA TREASURY 1.375% 1.375 08/31/2023 AA+ Aaa 2,000,000.00 1,967,109.38 2.55 1,980, 156.24 2.63 1.40 91282CDA6 USA TREASURY 0.25% 0.250 09/30/2023 AA+ Aaa 1,500,000.00 1,485,761.72 1.92 1,458,339.84 1.94 1.48 912828T91 USA TREASURY 1.625% 1.625 10/31/2023 AA+ Aaa 1,600,000.00 1,640,630.36 2.13 1,586,562.50 2.11 1.55 912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 1,900 ,000.00 1,925,679.69 2.49 1,897,328.13 2.52 1.62 9128285P1 USA TREASURY 2.875% 2.875 11/30/2023 AA+ Aaa 1,100,000.00 1, 151,566.19 1.49 1, 111,515.63 1.48 1.61 91282CBEO USA TREASURY 0.125% 0.125 01/15/2024 AA+ Aaa 1,900,000.00 1,890,283.71 2.45 1,828,230.46 2.43 1.78 912828X70 USA TREASURY 2% 2.000 04/30/2024 AA+ Aaa 2,000,000.00 2,036,015.63 2.64 1,984,687.50 2.64 2.01 912828YH7 USA TREASURY 1.5% 1.500 09/30/2024 AA+ Aaa 1,000,000.00 1,032,304.69 1.34 976,445.31 1.30 2.44 912828YM6 USA TREASURY 1.5% 1.500 10/31/2024 AA+ Aaa 1,100,000 .00 1,132,015.40 1.47 1,073,187.50 1.43 2.51 912828YYO USA TREASURY 1.75% 1.750 12/31/2024 AA+ Aaa 1,000,000 .00 1,046,643.98 1.36 979 ,921.88 1.30 2.66 Issuer total 26,400,000.00 26,563,184.21 34.41 26,110,691.40 34.68 1.30 Federal Farm Credit Banks Funding Corp
3133EA5E4 FEDERAL FARM CREDIT 1.930 10/18/2022 AA+ Aaa 2,000,000.00 2,015,820.00 2.61 2,009,206.04 2.67 0.54 31331K3A6 FEDERAL FARM CREDIT 2.710 12/13/2022 AA+ Aaa 1,000,000.00 1,028,921.06 1.33 1,008,332.97 1.34 0.69 31331KAF7 FEDERAL FARM CREDIT 4.090 01/18/2023 AA+ Aaa 1,850,000.00 2,008,452.50 2.60 1,891,509 .67 2.51 0.79 3133EKKT2 FEDERAL FARM CREDIT 2.250 02/08/2023 AA+ Aaa 1,000,000.00 1,017,480 .00 1.32 1,007,431.91 1.34 0.85 3133EJFKO FEDERAL FARM CREDIT 2.650 03/08/2023 AA+ Aaa 1,000,000.00 1,032,790.00 1.34 1,008,224.54 1.34 0.92 13 May 3, 2022, Item #7
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE

CITY OF POWAY
As of March 31, 2022
-\D
g_cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating
-
rating shares cost hist cost value mkt value dur (yrs)
Federal Farm Credit Banks Funding Corp
3133EMF31 FEDERAL FARM CREDIT 0.125 06/02/2023 AA+ Aaa 2,000,000.00 1,968,700.00 2.55 1,958,390.28 2.60 1.16 3133EKVB9 FEDERAL FARM CREDIT 1.860 10/17/2023 AA+ Aaa 2,000,000.00 1,997,646.00 2.59 1,994,244.38 2.65 1.51 3133EJ2B4 FEDERAL FARM CREDIT 3.000 12/06/2023 AA+ Aaa 1,000,000 .00 1,071,740.00 1.39 1,014,811.89 1.35 1.63 3133EMRZ7 FEDERAL FARM CREDIT 0.250 02/26/2024 AA+ Aaa 1,250,000 .00 1,246,747.50 1.62 1,205,690.98 1.60 1.89 3133EMBE1 FEDERAL FARM CREDIT 0.300 03/28/2024 AA+ Aaa 2,000,000 .00 1,998,500.00 2.59 1,918,697.84 2.55 1.92 Issuer total 15,100,000.00 15,386,797.06 19.93 15,016,540.50 19.95 1.20 Federal National Mortgage Association
3135G0V59 FANNIE MAE 2.25% 2.250 04/12/2022 AA+ Aaa 2,900,000 .00 2,943,346.30 3.81 2,901,804.58 3.85 0.03 3135G0U43 FANNIE MAE 2.875% 2.875 09/12/2023 AA+ Aaa 1,000,000 .00 1,039,050.00 1.35 1,010, 143.80 1.34 1.42 3135G0V34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 1,750,000 .00 1,820,547.50 2.36 1,757,644.12 2.33 1.80 3135G0V75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 2,000,000 .00 2,007,920.00 2.60 1,972,471.40 2.62 2.19 Issuer total 7,650,000.00 7,810,863.80 10.12 7,642,063.90 10.15 1.18 Federal Home Loan Banks
3130AJ7E3 FEDERAL HOME LOAN 1.375 02/17/2023 AA+ Aaa 2,000,000 .00 2,003,400.00 2.60 1,996,115.32 2.65 0.88 3130A3VC5 FEDERAL HOME LOAN 2.250 12/08/2023 AA+ Aaa 1,000,000.00 1,014,600.00 1.31 999,769.52 1.33 1.64 3130AL2A1 FEDERAL HOME LOAN 0.500 02/10/2025 05/10/2022 AA+ Aaa 1,000,000.00 1,002,860.00 1.30 943,949.02 1.25 2.73 Issuer total 4,000,000.00 4,020,860.00 5.21 3,939,833.86 5.23 1.53 Bank of America Corp
06051 GHF9 BANK OF AMERICA CORP 3.550 03/05/2024 03/05/2023 A- A2 2,350,000.00 2,488,495.00 3.22 2,363,416.78 3.14 0.91 Issuer total 2,350,000.00 2,488,495.00 3.22 2,363,416.78 3.14 0.91 International Business Machines Corp
459200JY8 IBM CORP 3% 3.000 05/15/2024 A- A3 2,300,000.00 2,463,231.00 3.19 2,315,211.81 3.08 2.03 Issuer total 2,300,000.00 2,463,231.00 3.19 2,315,211.81 3.08 2.03 14 May 3, 2022, Item #7
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE

CITY OF POWAY
As of March 31 , 2022
N
0 ~Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares cost hist cost value mkt value dur (yrs) ..a.

JPMorgan Chase & Co
46647PAY2 JPMORGAN CHASE & CO 4.023 12/05/2024 12/05/2023 A- A2 2,000 ,000 .00 2,207,640.00 2.86 2,032,017.06 2.70 1.60 Issuer total 2,000,000.00 2,207,640.00 2.86 2,032,017.06 2.70 1.60 Federal Home Loan Mortgage Corp
3137EAEN5 FREDDIE MAC 2.75% 2.750 06/19/2023 AA+ Aaa 2,000,000.00 2,067,740.00 2.68 2,018,263.10 2.68 1.19 Issuer total 2,000,000.00 2,067,740.00 2.68 2,018,263.10 2.68 1.19 Toyota Motor Credit Corp
89233P7F7 TOYOTA MOTOR CREDIT 2.625 01/10/2023 A+ A1 2,000,000.00 2,001,380.00 2.59 2,009,720.42 2.67 0.77 Issuer total 2,000,000.00 2,001 ,380.00 2.59 2,009,720.42 2.67 0.77 US Bancorp
91159HHV5 US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A+ A2 1,900 ,000.00 1,999,636 .00 2.59 1,926,125.17 2.56 1.74 Issuer total 1,900,000.00 1,999,636.00 2.59 1,926,125.17 2.56 1.74 PNC Bank NA
69353RFL7 PNC BANK NA 3.5% 3.500 06/08/2023 05/09/2023 A A2 1,900,000 .00 1,995,436.00 2.59 1,922,675.76 2.55 1.11 Issuer total 1,900,000 .00 1,995,436.00 2.59 1,922,675.76 2.55 1.11 Chevron Corp
166764BK5 CHEVRON CORP 2.566% 2.566 05/16/2023 03/16/2023 AA- Aa2 1,500,000.00 1,552,215.00 2.01 1,504,139.85 2.00 1.04 Issuer total 1,500,000.00 1,552,215.00 2.01 1 ,504, 139 .85 2.00 1.04 Citibank NA
17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 1,400,000.00 1,484,224.00 1.92 1,424,636.37 1.89 1.70 Issuer total 1,400,000.00 1,484,224.00 1.92 1,424,636.37 1.89 1.70 15 May 3, 2022, Item #7
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE

CITY OF POWAY
As of March 31, 2022
N
-acusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares
-
cost hist cost value mkt value dur (yrs)
Cisco Systems Inc
17275RAN2 CISCO SYSTEMS INC 3.625 03/04/2024 AA- A1 1,000,000.00 1,070,370.00 1.39 1,023,477.92 1.36 1.86 Issuer total 1,000,000.00 1,070,370.00 1.39 1,023,477.92 1.36 1.86 Berkshire Hathaway Inc
084670BR8 BERKSHIRE HATHAWAY 2.750 03/15/2023 01/15/2023 AA Aa2 1,000,000.00 1,021,370.00 1.32 1,006,964.98 1.34 0.88 Issuer total 1,000,000.00 1,021,370.00 1.32 1,006,964.98 1.34 0.88 Walmart Inc
931142DH3 WALMART INC 2.55% 2.550 04/11/2023 01/11/2023 AA Aa2 1,000,000.00 1,015,270.00 1.32 1,005,990.09 1.34 0.90 Issuer total 1,000,000.00 1,015,270.00 1.32 1,005,990.09 1.34 0.90 Apple Inc
037833AK6 APPLE INC 2.4% 2.400 05/03/2023 AA+ Aaa 1,000,000.00 1,007,920 .00 1.31 1,005,398 .30 1.34 1.06 Issuer total 1,000,000.00 1,007,920.00 1.31 1,005,398.30 1.34 1.06 American Honda Finance Corp
02665WCZ2 AMERICAN HONDA 2.400 06/27/2024 A- A3 1,000,000.00 1,012,410.00 1.31 992,969.11 1.32 2.16 Issuer total 1,000,000.00 1,012,410.00 1.31 992,969.11 1.32 2.16 Cash and Cash Equivalents
INVESTED CASH 0.000 20,424.88 20,424.88 0.00 20,424 .88 0.03 0.00 Issuer total 20,424.88 20,424.88 0.00 20,424.88 0.03 0.00 16 May 3, 2022, Item #7

SECURITIES PURCHASED

CITY OF POWAY
For the period March 1, 2022 - March 31, 2022
N
N
g_cusip Description I Broker Trade date Coupon Maturity/ Par value or Unit cost Principal Accrued w Settle date Call date shares cost interest •
Government Agencies
3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 03/09/2022 1.375 02/17/2023 2,000,000.00 100.17 (2,003,400.00) (1,833.33) WELLS FARGO SECURITIES, LLC 03/11/2022
3133EMF31 FEDERAL FARM CREDIT BANK 0.125% 03/09/2022 0.125 06/02/2023 2,000,000.00 98.44 (1,968,700.00) (687.50) MORGAN STANLEY AND CO., LLC 03/11/2022
Total Government Agencies 4,000,000.00 (3,972,100.00) (2,520.83) Government Bonds
91282CAC5 USA TREASURY 0.125% 31 JUL2022 03/09/2022 0.125 07/31/2022 2,000,000.00 99.81 (1,996,178.57) (262.43) WELLS FARGO SECURITIES, LLC 03/10/2022
91282CAG6 USA TREASURY 0.125% 31 AUG2022 03/09/2022 0.125 08/31/2022 2,000,000.00 99.73 (1,994,616.08) (67.93) MORGAN STANLEY AND CO., LLC 03/10/2022
91282CAR2 USA TREASURY 0.125% 31 OCT2022 03/09/2022 0.125 10/31/2022 2,000,000.00 99.54 (1,990,859.38) (897.79) CITIGROUP GLOBAL MARKETS INC. 03/10/2022
91282CAX9 USA TREASURY 0.125% 30NOV2022 03/09/2022 0.125 11/30/2022 2,000,000.00 99.41 (1,988,125.00) (686.81) NATWEST MARKETS PLC 03/10/2022
Total Government Bonds 8,000,000.00 (7,969,779.03) (1,914.96) 17 May 3, 2022, Item #7

SECURITIES SOLD AND MATURED

CITY OF POWAY
For the period March 1, 2022 - March 31, 2022
N w
acusip Description / Broker Trade date Coupon Maturity/ Par value or Historical cost Amortized cost Price Fair value at Realized Accrued w Settle date Call date shares at sale or sale or gain interest ~ maturity maturity (loss) sold
Government Agencies
313378CR0 FHLB CONS BD 2.25 03-11-2022 03/11/2022 2.250 (2,000,000.00) 2,004 ,000.00 2,000,000 .00 0.00 - 2,000,000.00 0.00 0.00 03/11/2022
Total (Government Agencies) (2,000,000.00) 2,004,000.00 2,000,000.00 2,000,000.00 0.00 0.00 ---- ----- ---- ---- - [il(ffi} [l)ltll
18 May 3, 2022, Item #7

DETAIL OF RETURN AND INTEREST RECEIVED

CITY OF POWAY
For the period March 1, 2022 - March 31, 2022
N
.1:1,.
~Cusip Description Accretion Realized gain Change in fair Interest earned Interest received w (amortization) (loss) value ..a.
--
Cash
Cash and Cash Equivalents 0.00 0.00 0.00 2.02 2.02
Total Cash 0.00 0.00 0.00 2.02 2.02
Corporate Bonds
02665WCZ2 AMERICAN HONDA FINANCE 2.4% 27 JUN2024 (227.43) 0.00 (15,911.37) 2,200.00 0.00 037833AK6 APPLE INC 2.4% 03MAY2023 (175.35) 0.00 (7,039.02) 2,200.00 0.00 06051GHF9 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23) (5,483.46) 0.00 (23,807.29) 7,647 .29 41,712.50 084670BR8 BERKSHIRE HATHAWAY INC 2.75% 15MAR2023 (CALLABLE 15JAN23) (510.02) 0.00 (4,950.87) 2,520.83 13,750.00 166764BK5 CHEVRON CORP 2.566% 16MAY2023 (CALLABLE 16MAR23) (1,425.34) 0.00 (12,343.89) 3,528.25 0.00 17275RAN2 CISCO SYSTEMS INC 3.625% 04MAR2024 (1,411.16) 0.00 (7,890.64) 3,322.92 18,125.00 17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) (1,773.14) 0.00 (22,640.58) 4,684 .16 0.00 459200JY8 IBM CORP 3% 15MAY2024 (4,325.91) 0.00 (37,1 74.14) 6,325.00 0.00 46647PAY2 JPMORGAN CHASE & CO 4.023% 05DEC2024 (CALLABLE 05DEC23) (5,542.00) 0.00 (31,174.1 6) 7,375.50 0.00 69353RFL7 PNC BANK NA 3.5% 08JUN2023 (CALLABLE 09MAY23) (2,126.30) 0.00 (1 6,242.34) 6,095.83 0.00 89233P7F7 TOYOTA MOTOR CREDIT CORP 2.625% 1 0JAN2023 (31.48) 0.00 (15, 140.80) 4,812.50 0.00 91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) (1,942.22) 0.00 (26,129.33) 5,878.12 0.00 931142DH3 WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) (365.60) 0.00 (4,962.66) 2,337.50 0.00 Total Corporate Bonds (25,339.41) 0.00 (225,407.09) 58,927.90 73,587.50 Government Agencies
3135G0V75 FANNIE MAE 1.75% 02JUL2024 (137.74) 0.00 (33,870.56) 3,208.34 0.00 3135G0V59 FANNIE MAE 2.25% 12APR2022 (1,611.39) 0.00 (5, 161.13) 5,981.25 0.00 19 May 3, 2022, Item #7

DETAIL OF RETURN AND INTEREST RECEIVED

CITY OF POWAY
For the period March 1, 2022 - March 31, 2022
N
U'I
~Cusip Description Accretion Realized gain Change in fair Interest earned Interest received w ..... (amortization) (loss) value
Government Agencies
3135G0V34 FANNIE MAE 2.5% 05FEB2024 (1,858.85) 0.00 (25,841.73) 4,010.42 0.00 3135G0U43 FANNIE MAE 2.875% 12SEP2023 (779.96) 0.00 (1 2,355.80) 2,635.42 14,375.00 3133EMF31 FEDERAL FARM CREDIT BANK 0.125% 02JUN2023 1,550.90 0.00 (10,309.72) 138.89 0.00 3133EMRZ7 FEDERAL FARM CREDIT BANK 0.25% 26FEB2024 100.59 0.00 (13,176.83) 286.46 0.00 3133EMBE1 FEDERAL FARM CREDIT BANK 0.3% 28MAR2024 (CALLABLE 12APR22) 35.77 0.00 (35,245.84) 550.00 3,000.00 3133EKVB9 FEDERAL FARM CREDIT BANK 1.86% 17OCT2023 46.19 0.00 (24,002.32) 3,410.00 0.00 3133EA5E4 FEDERAL FARM CREDIT BANK 1.93% 18OCT2022 (474.60) 0.00 (5,722.20) 3,538.33 0.00 3133EKKT2 FEDERAL FARM CREDIT BANK 2.25% 08FEB2023 (400.61) 0.00 (5,913.75) 2,062.50 0.00 3133EJFK0 FEDERAL FARM CREDIT BANK 2.65% 08MAR2023 (807.64) 0.00 (6,536.33) 2,429.17 13,250.00 31331K3A6 FEDERAL FARM CREDIT BANK 2. 71 % 13DEC2022 (698.01) 0.00 (4,624.03) 2,484.17 0.00 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 06DEC2023 (2,151.46) 0.00 (13,365.51) 2,750.00 0.00 31331KAF7 FEDERAL FARM CREDIT BANK 4.09% 18JAN2023 (3,890.00) 0.00 (12,893.78) 6,935.96 0.00 3130AL2A1 FEDERAL HOME LOAN BANK 0.5% 1 0FEB2025 (CALLABLE 1 OMA Y22) 0.00 0.00 (20,191.49) 458.33 0.00 3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 17FEB2023 (220.65) 0.00 (7,284.68) 1,527.78 0.00 3130A3VC5 FEDERAL HOME LOAN BANK 2.25% 08DEC2023 (278.98) 0.00 (14,179.1 5) 2,062.50 0.00 313378CR0 FHLB CONS BD 2.25 03-11-2022 (43.61) 0.00 (1,294.92) 1,625.00 22,500.00 3137EAEN5 FREDDIE MAC 2.75% 19JUN2023 (1,440.26) 0.00 (20,068.78) 5,041 .66 0.00 Total Government Agencies (13,060.31) 0.00 (272,038.55) 51,136.18 53,125.00 Government Bonds
91282CBEO USA TREASURY 0.125% 1 SJAN2024 362.03 0.00 (25,085.95) 203.39 0.00 20 May 3, 2022, Item #7

DETAIL OF RETURN AND INTEREST RECEIVED

CITY OF POWAY
For the period March 1 , 2022 - March 31 , 2022
N
0\
acusip Description Accretion Realized gain Change in fair Interest earned Interest received w (amortization) (loss) value ...

Government Bonds
91282CAX9 USA TREASURY 0.125% 30NOV2022 982.14 0.00 (3,984.38) 144.23 0.00 91282CAG6 USA TREASURY 0.125% 31 AUG2022 676.84 0.00 (1 ,256.70) 142.67 0.00 91282CACS USA TREASURY 0.125% 31 JUL2022 583.83 0.00 (709.81) 145.03 0.00 91282CCN9 USA TREASURY 0.125% 31JUL2023 686.74 0.00 (11 ,375.00) 139.16 0.00 91282CAR2 USA TREASURY 0.125% 31 OCT2022 852.09 0.00 (3,203.14) 145.03 0.00 91282CDA6 USA TREASURY 0.25% 30SEP2023 702.84 0.00 (15,703.13) 319.37 1,875.00 912828201 USA TREASURY 1.375% 31 AUG2023 677.93 0.00 (20,859.38) 2,316.58 0.00 912828YH7 USA TREASURY 1.5% 30SEP2024 (873.86) 0.00 (21 ,054.69) 1,277.47 7,500.00 912828YM6 USA TREASURY 1.5% 31 OCT2024 (879.86) 0.00 (23,761.72) 1,412.99 0.00 912828T91 USA TREASURY 1.625% 31 OCT2023 (1 ,683.87) 0.00 (19,500.00) 2,226.51 0.00 912828XW5 USA TREASURY 1.75% 30JUN2022 41 .35 0.00 (1 ,057.75) 1,498.62 0.00 912828L57 USA TREASURY 1.75% 30SEP2022 15.21 0.00 (2,265.62) 1,490.38 8,750.00 912828YY0 USA TREASURY 1.75% 31 DEC2024 (1,111.42) 0.00 (23,710.93) 1,498.62 0.00 912828X70 USATREASURY2%30APR2024 (665.76) 0.00 (35,703.12) 3,425.41 0.00 912828U57 USA TREASURY 2.125% 30NOV2023 (499.11) 0.00 (25,679.69) 3,438.53 0.00 9128285P1 USA TREASURY 2.875% 30NOV2023 (2,186.80) 0.00 (16,199.21) 2,693.34 0.00 Total Government Bonds (2,319.68) 0.00 (251,110.22) 22,517.33 18,125.00 21 May 3, 2022, Item #7

TRANSACTION REPORT

CITY OF POWAY
For the period March 1, 2022 - March 31, 2022
N ......
arrade date Cusip Transaction Sec type Description Maturity Par value or Realized Principal Interest Transaction total wsettle date shares gain(loss)
-03/04/2022 17275RAN2 Income Corporate Bonds CISCO SYSTEMS INC 3.625% 03/04/2024 1,000,000.00 0.00 0.00 18,125.00 18,125.00 03/04/2022
03/05/2022 06051 GHF9 Income Corporate Bonds BANK OF AMERICA CORP 3.55% 03/05/2024 2,350,000.00 0.00 0.00 41,712.50 41,712.50 03/05/2022
03/08/2022 3133EJFKO Income Government Agencies FEDERAL FARM CREDIT BANK 03/08/2023 1,000,000.00 0.00 0.00 13,250.00 13,250.00 03/08/2022
03/09/2022 3130AJ7E3 Bought Government Agencies FEDERAL HOME LOAN BANK 02/17/2023 2,000,000.00 0.00 (2,003,400 .00) (1,833.33) (2,005,233.33) 03/11/2022
03/09/2022 3133EMF31 Bought Government Agencies
FEDERAL FARM CREDIT BANK 06/02/2023 2,000,000.00 0.00 (1,968,700.00) (687.50) (1,969,387.50) 03/11/2022
03/09/2022 91282CAC5 Bought Government Bonds USA TREASURY 0.125% 07/31/2022 2,000,000 .00 0.00 (1,996,178.57) (262.43) (1,996,441 .00) 03/10/2022
03/09/2022 91282CAG6 Bought Government Bonds USA TREASURY 0.125% 08/31/2022 2,000 ,000.00 0.00 (1,994,616.08) (67.93) (1,994,684 .01) 03/10/2022
03/09/2022 91282CAR2 Bought Government Bonds
USA TREASURY 0.125% 10/31/2022 2,000,000.00 0.00 (1,990,859.38) (897.79} (1,991,757.17) 03/10/2022
03/09/2022 91282CAX9 Bought Government Bonds USA TREASURY 0.125% 11/30/2022 2,000 ,000.00 0.00 (1,988,125.00) (686.81) (1,988,811.81) 03/10/2022
03/11/2022 313378CRO Income Government Agencies FHLB CONS BO 2.25 03-11-2022 03/11/2022 2,000,000.00 0.00 0.00 22,500.00 22,500 .00 03/11/2022
03/11/2022 313378CRO Capital Change Government Agencies FHLB CONS BO 2.25 03-11-2022 03/11/2022 (2,000,000.00) 0.00 2,000,000 .00 0.00 2,000,000.00 03/11/2022
03/12/2022 3135GOU43 Income Government Agencies FANNIE MAE 2.875% 09/12/2023 1,000,000 .00 0.00 0.00 14,375.00 14,375.00 03/12/2022
03/15/2022 084670BR8 Income Corporate Bonds
BERKSHIRE HATHAWAY INC 03/15/2023 1,000,000.00 0.00 0.00 13,750.00 13,750.00 03/15/2022
03/28/2022 3133EMBE1 Income Government Agencies
FEDERAL FARM CREDIT BANK 03/28/2024 2,000,000 .00 0.00 0.00 3,000.00 3,000.00 03/28/2022
03/31/2022 912828L57 Income Government Bonds
USA TREASURY 1.75% 09/30/2022 1,000,000.00 0.00 0.00 8,750.00 8,750.00 03/31/2022
03/31/2022
912828YH7 Income Government Bonds USA TREASURY 1.5% 09/30/2024 1,000,000.00 0.00 0.00 7,500.00 7,500 .00 03/31/2022
03/31/2022 91282CDA6 Income Government Bonds USA TREASURY 0.25% 09/30/2023 1,500,000.00 0.00 0.00 1,875.00 1,875.00 03/31/2022
22 May 3, 2022, Item #7
N
00 TRANSACTION REPORT
For the period March 1, 2022 - March 31, 2022
a Trade date Cusip Transaction Sec type Description Maturity Par value or Realized ~Settle date shares gain(loss)
03/31/2022 Income Cash and Cash Equivalents Cash 0.00 0.00

CITY OF POWAY
Principal Interest Transaction total

0.00 2.02 2.02
23 May 3, 2022, Item #7

ADDITIONAL INFORMATION

CITY OF POWAY
As of March 31, 2022
N \0Past performance is not a guide to future performance. The value of investments and any income from them will fluctuate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get 0 back the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest rates. Investment returns fluctuate due to changes :in market conditions. Investment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for ...a.your reference only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness . This document must not be used for the purpose of an offer or solicitation in any jurisdiction or in any circumstances in which such offer or solicitation is unlawful or otherwise not permitted. This document should not be duplicated, amended, or forwarded to a third party without consent from Insight. This is a marketing document intended for professional clients only and should not be made available to or relied upon by retail clients Investment advisory services in North America are provided through two different SEC-registered investment advisers using the brand Insight Investment: Insight North America LLC (INA) and Insight Investment International Limited (IIIL). The North American investment advisers are associated with a broader group of global investment managers that also (individually and collectively) use the corporate brand Insight Investment and may be referred to as Insight, Insight Group or Insight Investment.

INA is an investment adviser registered with the Securities and Exchange Commission (SEC), under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training.

You may request, without charge, additional information about Insight. Moreover, specific information relating to Insights strategies, including investment advisory fees, may be obtained from INA's Form ADV Part 2A, which is available without charge upon request.

Where indicated, performance numbers used in the analysis are gross returns. The performance reflects the reinvestment of all dividends and income . INA charges management fees on all portfolios managed and these fees will reduce the returns on the portfolios. For example, assume that $30 million is invested in an account with INA, and this account achieves a 5.0% annual return compounded monthly, gross of fees, for a period of five years .

At the end of five years that account would have grown to $38,500,760 before the deduction of management fees. Assuming management fees of 0.25% per year are deducted monthly from the account, the value at the end of the five year period would be $38,022,447. Actual fees for new accounts are dependent on size and subject to negotiation . INA's investment advisory fees are discussed in Part 2A of its Form ADV.

Unless otherwise stated, the source of information is Insight. Any forecasts or opinions are Insight's own at the date of this document (or as otherwise specified) and may change. Material in this publication is for general information only and is not advice, investment advice, or the recommendation of any purchase or sale of any security. Insight makes no implied or expressed recommendations concerning the manner in which an account should or would be handled, as appropriate investment strategies depend upon specific investment guidelines and objectives and should not be construed to be an assurance that any particular security in a strategy will remain in any fund, account, or strategy, or that a previously held security will not be repurchased . It should not be assumed that any of the security transactions or holdings referenced herein have been or will prove to be profitable or that future investment decisions will be profitable or will equal or exceed the past investment performance of the securities listed.

Please compare the information provided in this statement to the information provided in the statement received from your Custodian.

For trading activity the Clearing broker will be reflected. In certain cases the Clearing broker will differ from the Executing broker .

In calculating ratings distributions and weighted average portfolio quality, Insight assigns U.S Treasury and U.S agency securities a quality rating based on the methodology used within the respective benchmark index. When Moody's, S&P and Fitch rate a security, Bank of America and Merrill Lynch indexes assign a simple weighted average statistic while Barclays indexes assign the median statistic. Insight assigns all other securities the lower of Moody's and S&P ratings.

Information about the indices shown here is provided to allow for comparison of the performance of the strategy to that of certain well-known and widely recognized indices . There is no representation that such index is an appropriate benchmark for such comparison. You cannot invest directly in an index and the indices represented do not take into account trading commissions and/or other brokerage or custodial costs . The volatility of the indices may be materially different from that of the strategy. In addition, the strategy's holdings may differ substantially from the securities that comprise the indices shown .

The ICE BofA 3 Month UST-Bill index is an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income .

The ICE Bof A 6 Month UST-Bill index measures the performance of Treasury bills with time to maturity of less than 6 months.

The ICE BofA 1-Year US Treasury Index is a one-security index comprised of the most recently issued 1-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 1-year note must be auctioned on or before the third business day before the last business day of the month .

The ICE BofA 3-Year US Treasury Index is a one-security index comprised of the most recently issued 3-year US Treasury note . The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctioned on or before the third business day before the last business day of the month.

The ICE BofA 5-Year us Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month.

The ICE BofA 1-3 us Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years.

The ICE BofA 1-5 us Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. 24 May 3, 2022, Item #7
w
0 ADDITIONAL INFORMATION
As of March 31, 2022

CITY OF POWAY
g_1nsight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment. w
~Insight is a group of wholly owned subsidiaries ofThe Bank of New York Mellon Corporation . BNY Mellon is the corporate brand ofThe Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity) and are not guaranteed by or obligations ofThe Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith . © 2022 Insight Investment. All rights reserved .
25 May 3, 2022, Item #7
w ..a.
0 City of Poway Investments & Cash with Fiscal Agent; Non-Managed Investments; General, Payroll & Petty Cash March 2022
-II
w -t'art I ..a.
~
~ n
:I:
s:: m
z
-4
C
Investments & Cash with Fiscal Astents

INVESTMENT DESCRIPTION
1st Am Gov't Obligations Money Mkt Fd
Average/Total
Paying Agent or Uninvested Cash & DITs
Total Investments and Cash with Fiscal Agent
Non-Managed Investments

INVESTMENT DESCRIPTION
Settlement Yield to Days to % of Total
Date Maturity Maturity Investment
03/31/22 J 0.01%1 11 100.00%1

J I I I

J I I I
) I I I
J 0.01%1 1 I 100.00%1
Part II
Settlement I Yield to I Days to I % of Total I
Date Maturity Maturity Investment
County Pool 03/31/21 I 0.74%1 1 I 100.00%1
I I I
Average /Total
General Cash (Union Bank)
Payroll Cash (Union Bank)
Emergency Cash (Union Bank)
Grant Cash (Union Bank)
Flexible Benefits Cash (Union Bank)
Petty Cash
Total Cash
- I 0.74%1 NIA I 100.00%1
Part Ill
Face
Value
$464,896.00
$464l896.00
Face
Value I
$98, 129.oo 1
j
$98, 129.oo I
Book
Value
$464,896.00
$464,896.00
$0.00
$464,896.00
Book
Value I
$98, 129.oo 1
I
$98, 129.oo I
Book
Value
$1,216,171.00
$20,000.00
$10,000.00
$0.00
$20,000.00
$8l9QQ.QQ
$1,275,071.00
Market
Value
$464,896.00
$464,896.00
Market
Value I
$96, 161.00 1
I
$96, 161.00 I
Unrealized
Gain(Loss)
so.oo J
Unrealized
I Gain(Loss)
($1,968.00) 1
I
($1,968.00) 1
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 3, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]

CITY COUNCIL
Second Reading and Adoption of Ordinance No. 856 entitled "An Ordinance of the City Council of the City Of Poway, California, Amending Chapter 17.40 (Comprehensive Sign Regulations) of the Poway Municipal Code." The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 19, 2022. There were five speakers.

The Ordinance is now presented for second reading and adoption by title only.

Vote at first reading: AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Recommended Action:

LEONARD, FRANK, GROSCH, MULLIN, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 856.

Environmental Review:

This item is not a "Project" pursuant to the California Environmental Quality Act ("CEQA") and is therefore not subject to CEQA review.

Fiscal Impact:

Implementation of the amended ordinance is anticipated to be cost neutral. Third violations will require the individual to reimburse the City for the costs of staff removing and storing the signs for 90 calendar days.
1 of 4
May 3, 2022, Item #8
Public Notification:

An ordinance summary notice was published in the Poway News Chieftain on Thursday, April 28, 2022.

A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.

Attachments:

A. Ordinance No. 856
Reviewed/ Approved By:

Assistant City Manager
2 of4
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
May 3, 2022, Item #8
ORDINANCE NO. 856

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 17.40
(COMPREHENSIVE SIGN REGULATIONS) OF THE POWAY

MUNICIPAL CODE
WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, this Ordinance proposes to update and amended a chapter of the PMC; and
WHEREAS, City staff encountered practical problems enforcing its regulations concerning temporary signs regarding elections and noncommercial messages, and accordingly, has recommended revisions to section 17.40.090(0)(7) of Chapter 17.40 (Comprehensive Sign Regulations).

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 hereby approves this Ordinance and amends Chapter 17 .40 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline.

SECTION 3: Section 17.40.090(0) of Chapter 17.40 (Comprehensive Sign Regulations) is hereby amended to read as follows:
3 of 5
D. Temporary signs for elections and other noncommercial messages are not permitted within the public right-of-way (except as otherwise provided in this chapter), on public property, or upon any public building or other publicly owned facility, including fences/walls, utilities and landscaping. Notwithstanding the foregoing, in areas of the City zoned RR-A through RR-C and RS-1 through RS-7, such signs are permitted within privately maintained improvements that are located within the public right-of-way. Such signs are permitted on private property subject to the following:

1. Such signs shall not exceed six square feet in total area for one side; double faced signs shall not exceed six square feet per side.

2. Such signs shall not exceed an overall height of four feet. The height shall be measured from the finished grade immediately around the sign.

3. No such signs shall be lighted either directly or indirectly unless said sign is erected, painted or constructed on an authorized structure already providing illumination.

4. The number of such signs is not limited.

5. Such signs may carry any noncommercial message, including, but not limited to, political messages.

May 3, 2022, Item #8

ATTACHMENT A

6. Such signs shall not be placed on private property without the permission of the property owner or its authorized representative.

7. No such signs shall be posted in violation of any provision of this chapter. The Director of Development Services or a designated representative shall have the right to remove any sign placed in the right of way or on public property, contrary to any provision of this section. Removed signs shall be stored by the City. Notice of removal shall be promptly provided as soon as reasonably possible to the owner of such sign, or the apparent owner or candidate. If it is the first violation, the City shall temporarily hold any such signs for 5 calendar days before they can be recovered. such person shall have the right to recover the sign forth1.vith, without charge. However, for any subsequent violations, the City shall temporarily hold any such signs for 15 calendar days before they are returned. All signs removed by the City may be destroyed 30 calendar days folloi.e1ing removal. For a second violation, the City shall temporarily hold any such signs for 30 calendar days before they can be recovered. For a third violation, the City shall temporarily hold any such signs for 90 calendar days before they can be recovered and owner shall reimburse the City for any actual costs incurred through confiscation and holding of such signs. All signs removed by the City may be destroyed 15 calendar days following the day they are eligible for recovery.

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.

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 19th day of April 2022, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of May, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4of4
May 3, 2022, Item #8

Poway City CouncilMay 3, 2022

Poway City Council
May 3, 2022