December 6, 2022, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
December 6, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services 54{)
Roger Morrison, Senior Management Analyst @
(858) 668-4581 or [email protected]
CITY COUNCIL
Approval of Agreement with Fluoresco Services, LLC, for PCPA Marquee Sign Repair
The marquee sign at the Poway Center for the Performing Arts (PCPA) no longer functions. Staff has obtained a quote from the sign's manufacturer to repair it while also coordinating its display with the screen over the box office. Because the cost is slightly more than was budgeted in this year's Capital Improvement Plan budget, an appropriation will be required to complete the repairs.
Recommended Action:
It is recommended the City Council approve the Agreement with Fluoresco Services, LLC, for the repair of the PCPA marquee sign, authorize the City Manager to execute all necessary documents associated with the Agreement, and appropriate funds for the completion of the repair.
Discussion:
The digital marquee sign at the PCPA was constructed in 2007. The marquee and box office digital displays are used to market events at the PCPA and are key components of the strategy to increase public awareness of the theater's diverse programming. Performance titles, dates, times, and images are posted for the Poway Unified School District, Poway OnStage, and community organization events.
Functioning public information displays reassure the public that the facility is open, provide general information, and encourage patrons to seek further information on the website and purchase tickets.
Although the structure of the sign is intact, the display no longer functions.
Staff reached out to the builder of the sign, Fluoresco Services, LLC, to determine what would be needed to bring the sign back to working order. The proposal is to keep most of the original sign but replace the digital screens with two single-faced LED units with improved resolution compared with the original sign.
1 of 19
December 6, 2022, Item #8
Communication
with
the
sign
would
use
4G
wireless,
eliminating
the
need
to
install
or
maintain
additional
cabling
between
the
PCPA
building
and
the
sign.
Proprietary
display
software
is
included
in
the
installation
and
would
not
require
ongoing
subscription
fees.
Staff
is
recommending
the
same
system
be
used
to
control
the
display
screen
over
the
box
office,
which
provides
ticketing
information.
That
screen
also
is
in
need
of
updating,
and
its
replacement
is
included
in
this
project.
This
project
would
streamline
operations
by
allowing
staff
to
use
one
content
management
system
to
control
both
units. Although
repair
of
the
marquee
sign
was
included
in
this
fiscal
year's
adopted
Capital
Improvement
Plan
budget,
the
total
cost
estimate
is
slightly
higher
than
the
$60,000
budgeted.
An
appropriation
of
$14,057
is
necessary
to
complete
the
project.
Staff
is
requesting
approval
to
sole-source
this
project
due
to
the
original
construction
firm's
expertise
with
the
sign
and
its
components.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
cost
to
complete
the
PCPA
Marquee
Sign
Repair,
including
taxes
and
a
10%
contingency,
is
estimated
at
$74,057.
There
is
currently
$60,000
in
this
year's
Capital
Improvement
Plan
project
budget
(Fund
1060,
Project
MN037).
Staff
is
recommending
the
City
Council
appropriate
$14,057
from
the
Capital
Improvement
Fund's
Unassigned
Fund
Balance
(1060)
to
the
PCPA
Marquee
Sign
Repair
budget
(MN037)
for
the
repair.
Sufficient
funds
are
available
for
this
request.
Public
Notification:
None. Attachment: A.
Standard
Agreement
Reviewed/Approved
By:
'},~
~
We~aserman Assistant
City
Manager
2 of
19 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
City
Manager
December 6, 2022, Item #8
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 6th day of December, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and Fluoresco Services, LLC (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private contractor to perform repair of the Poway Center for the Performing Arts Marquee Sign (Project); WHEREAS, Contractor is a sign contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described 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 Contractor. During said 60- day period Contractor shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
December 6, 2022, Item #8
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
December 6, 2022, Item #8
"Contractor" 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:
C8] 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such
December 6, 2022, Item #8
materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
December 6, 2022, Item #8
( c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if Contractor
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.
17. Contractor
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Contractor
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.
Page
7 of
19 December 6, 2022, Item #8
Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part hereof.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California
.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration
. Contractor
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394
.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees
.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses
.
21. Gender. Whether
referred
to
in
the
masculine,
feminine
, or
as
"it
," "Contractor"
shall
mean
the
individual
or
corporate
contractor
and
any
and
all
employees
of
contractor
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding
. 23.
Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it
is
in
writing
and
executed
by
the
party
to
be
bound
thereby
.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees
' Retirement
System
(Cal
PERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City
.
Page
8 of
19 December 6, 2022, Item #8
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
December 6, 2022, Item #8
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ____________ _
Alan Fenstermacher, City Attorney
CONSULTANT: FLUORESCO
SERVICES, LLC
By:-----------
Name, Title
Signature: _________ _
Date: ___________ _
December 6, 2022, Item #8
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Contractor
agrees
to
perform
contracting
services
as
required
by
City,
which shall
consist
of
the
sign
repair
services
further
described
in
the
proposals
dated
June
3, 2022,
and
October
14,
2022,
which
are
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein.
Contractor
shall
provide
the
necessary
qualified
personnel
to
perform
the
services.
B.
Compensation
and
Reimbursement.
City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals dated
June
3,
2022,
and
October
14,
2022,
which
are
included
in
this
document
as
Attachment
2. Total
fee
is
not
to
exceed
$67,325
. Contractor's
fee
shall
include
and
Contractor
shall
be
responsible
for
the
payment
of
all
federal
, state
, and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received
.
In
addit
ion
to
said
consulting
fee
, Contractor
shall
be
reimbursed
for
all
reasonable
expenses
,
including
lodging
,
telephone,
and
travel
(air,
auto,
rail)
necessarily
incurred
in
performance
of
the
services
. Contractor
shall
bill
City
for
such
expenses
as
incurred,
refe
rencing
this
Agreement.
All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00).
Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.
All
air
travel
shall
be
billed
at
coach
or
special
fare
rates
.
Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.
Contractor
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses
. All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred.
C.
Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
December
6,
2022,
and
ending
December
5,
2023,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
This
Agreement may
be
extended
for
up
to
two
additional
one
year
periods
upon
approval
in
writing
of
the
City
Manager
and
Contractor.
Upon
expiration
or
termination
of
this
Agreement,
Contractor
shall
return
to
City
any
and
all
equipment
, documents
or
materials
and
all
copies
made
thereof
which
Contractor
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
D.
Contractor's
Insurance.
1. Coverages: Contractor
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages: (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
aggrega
te.
Page
11 of
19 December 6, 2022, Item #8
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Fluoresco Services, LLC
2778 Pomona Blvd
Pomona, CA 91768
December 6, 2022, Item #8
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
December 6, 2022, Item #8
(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:
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (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.
December 6, 2022, Item #8
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214. 5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (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).
December 6, 2022, Item #8
Submited
To:
Jeff
Beers
Company
Name:
City
of
Poway
·LfloRi
fsCO
SERVICES™
Date
: 6.23.2022
By:
Lyndsee
Veltre
Customer
Address:
13325
Civic
Center
Drive
Customer
City,
ST:
Poway,
CA
Job
Name:
City
of
Poway
Performing
Arts
Center
Job
Address:
15498
Espola
Rd
Customer
Direct
Phone:
858
.668.4624
Customer
Email:
[email protected]
Product
General
Description:
Two
(2)
single
face
8mm
LED
units
41"
X
63"
X
5"
Filler
Strips
on
top,
bottom
&
both
sides
Total
Product
FOB
:
Tax
will
be
charged
at
local
Tax
rate
at
time
of
billing
7.75%
FOB: Field
Services
Remove
two
(2)
existing
single
face
LED
units
&
dispose
Install
two
(2)
single
face
10mm
LED
units
w/
filler
strips
Total
Field
Services
Product
Total
Field
Services
Total
irotal Deposit
Requ
ired
Balance
Due
Notes
&
Comments:
Job
City,
ST:
Poway,
CA
Job
Site
#: N/
A
Qty:
Item
Cost
2 $15
,700
.00
8 $100
.00
0 $0.00
0 $0.00
Qty:
Item
Cost
2 $1,800
.00
2 $3
,750
.00
0 $0
.00
0 $0
.00
Total
$31,400.00
$800
.00
$0.00 $0.00
$32,200.00
$0
.00
$32,200.00
Total
$3,600.00 $7,500
.00
$0.00 $0.00
$11,100
.00
$32,200.00 $11,100.00 43,300.00 $21,650
.00
$21,650
.00
Customer
to
provide
primary
power
to
all
sign
locations
within
6'.
If
permits
are
required
munical
permit
fees
&
permit
procurement
fees
will
be
billed
at
cost
Accepted
By
: (customer
name)
Customer
Signature
:
Sales
Rep
Name
:
Sales
Rep
Signature
:
Page
16 of
19 Fluoresco
Services
LLC
-An
Everbrite
Company
2778
Pomona
Blvd
Pomona,
CA
91768
Date
:
Date:
December 6, 2022, Item #8
Submited To: Jeff Beers
Company Name: City of Poway
Customer Address: 13325 Civic Center Drive
Customer City, ST: Poway, CA
Customer Direct Phone: 858.668.4624
Customer Email: [email protected]
Product General Description:
One (1) single face 6mm LED unit 2' X 4'
Total Product FOB:
Tax will be charged at local Tax rate at time of billing 7.75% FOB:
Field Services
Install one (1) single face 6mm LED unit 2' X 4'
Total Field Services
Product Total
Field Services Total
iTQtal
Deposit Required
Balance Due
Notes & Comments:
Date: 10.14.2022
By: Lyndsee Veltre
Job Name: City of Poway Performing Arts Center
Job Address: 15498 Espola Rd
Job City, ST: Poway, CA
Job Site#: N/A
Qty: Item Cost
1 $16,500.00
Qty: Item Cost
1 $3,750.00
Total
$16,500.00
$16,500.00
$0.00
$16,500.00
Total
$3,750.00
$3,750.00
. $16,500.00
$3,750.00
20,250.00
$10,125.00
$10,125.00
Customer to provide primary power to all sign locations within 6'. If permits are required munical permit fees & permit procurement fees will be billed at cost
Accepted By: (customer name]
Customer Signature:
Soles Rep Nome:
Soles Rep Signature:
Fluoresco Services LLC -An Everbrite Company
2778 Pomona Blvd
Pomona, CA 91768
Dote:
Dote:
December 6, 2022, Item #8
"ti
Ill
(IQ
ID
...
00 0 .... ...
ID
C) 1-
Z UJ
- - z O'> I- -..- Cf) ID
-c:x:: ~ (.)
5'-111/2" (71 .5") EXISTING CABINET
5'-0" 60" DIGITAL DISPLAY
12" POLE COVER
r-1
f..C POWAY CENTER
((j:A ../l t/; PERFORMING ARTS
"California Dreamin" June 2022
2" REVEALS
=:'::::===== ~ ---- ..____ 2" REVEALS
:c <x:: 0
-0 co ::s,
C)
I
0:::: ro ...... w > 0
(.)
UJ
_J
0 0..
-C')
...... ...... -u;>
O'>
SCALE: 3/8" = 1'
Drawing prepared by: Drawing prepared for.
~
POWAY CENTER FOR PERFORMING ARTS
• •
15498 ESPOLA RD.
POWAY,CA
Loe#:
File Path:
Rev#: Req#: Dale:
... I
Rev. 1 05.24.22
Rev. 2 08.01.22
DF POLE SIGN w DIGITAL BOARD
(REPLACE EXISTING DIGITAL BOARD)
QTY. 1 DF WATCHFIRE 8mm
3'-5" (41 ") x 5'-3" (63") x 5" DEEP
EXISTING CABINETS HAVE 1 1/2" ALUMINUM
RETAINERS; PROVIDE ALUMINUM FILLER PANELS
PAINTED TO MATCH #SW6122 CAMELBACK
Req.By: DrawnBy: Revision Descriptlon:I Drawings are the exclusive property of FLUORESCO SERVICES, LLC , .. · •·, ,. ·:
RH/LV LC Rev#: Reo#: Date: Req.By:
RH/LV LC
DrawnBy
PAGE 1 OF 2
December 6, 2022, Item #8
"'ti
DI
OQ
II)
.....
\D
0 .... .....
\D
SCALE: 3/16" = 1'
Drawing prepared by:
<&m,
EXISTING
POWAY CENTER FOR PERFORMING ARTS
15498 ESPOLA RD.
POWAY, CA Loe#:
File Path:
Drawing prepared for: Rev#: Req#:
I•.
-■
Rev.1
Rev. 2
PROPOSED
Date: Req.By: DrawnBy: Revision Dtscriptio n:I Drawings are the exclusive property of FLUORESCO SERVICES, LLC I .. ,. ; , . , ... ,;, .. · .. ,, ~·•:
05.24.22 RH/LV LC Rev#: Rea#: Dale: Req.By: DrawnBy
06.01.22 RH/LV LC
PAGE 2 OF 2