Item 10 - Approval of Agreement btw City of Poway & Gary F. Hoyt Landscape Architecture & Interwest Consulting Group for As-Needed Landscape Plan Check & Inspection Services

May 21, 2024, Item #10
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway

CITY COUNCIL
May 21, 2024
Honorable Mayor and Members of the City Counci~.A . .t
Robert Manis, Director of Development Services rv V
Stan Donn, City Planner Si,{
(858) 668-4604, [email protected]
Approval of Agreement between the City of Poway (the City) and Gary F.

Hoyt Landscape Architecture, Inc. and lnterwest Consulting Group., Inc., for as-needed Landscape Plan Check and Inspection Services The City's current as-needed consultant agreement for landscape plan check and inspection services expired on December 20, 2023, and a new agreement is needed. After a competitive process to obtain as-needed landscape plan check and inspection services and reviewing responses to a Request for Proposal, staff selected Gary F. Hoyt Landscape Architecture, Inc. and lnterwest Consulting Group, Inc., to provide as needed landscape plan check and inspection services. The term of the agreement for Gary F. Hoyt Landscape Architecture, Inc. is retroactive from December 21, 2023, through December 20, 2026, with a provision to mutually extend the agreement with two extensions of one year each. The term of the agreement for lnterwest Consulting Group, Inc. is from May 22, 2024, through May 20, 2027, with a provision to mutually extend the agreement with two extensions of one year each.

Recommended Action:

It is recommended the City Council:
1) Approve the agreement with Gary F. Hoyt Landscape Architecture, Inc. (Attachment A) for as-needed landscape plan check and inspection services, which took effect December 21, 2023, for a period of three years with the ability to extend by one-year increments for up to two additional years.
2) Approve the agreement with lnterwest Consulting Group, Inc. (Attachment B) for as needed landscape plan check and inspection services, effective May 22, 2024, for a period of three years with the ability to extend by one-year increments for up to two additional years.
3) Authorize the City Manager to execute the agreements.

Discussion:

The Development Services Department uses a landscape architecture consultant for as-needed landscape plan check and inspection services. Through multiple contracts, Gary F. Hoyt Landscape Architecture has been the as-needed landscape architect providing the services to the city since 1993. The most recent contract expired on December 20, 2023. 1 of 40
May 21, 2024, Item #10
In November 2023, the City sent out a Request for Proposal for as-needed landscape inspection services which was advertised on Bidnet. Two proposals were received. One from Gary F. Hoyt Landscape Architecture, Inc. and the second from lnterwest Consulting Group, Inc.

Staff reviewed the proposals and selected both consultants based on qualifications, experience, and competitive rates. Both consultants have extensive experience in providing services to public agencies. Having two consultants provides the City with flexibility based on the types of projects and the availability of the consultants.

In December 2011, the City Council approved Resolution 11-068 (Attachment C) establishing the $720 flat fee for landscape projects valued up to $15,000 and the deposit percentages based on the valuation. These remain unchanged, however, the methodology of calculating the valuation of a landscape project is being updated as described below.

Landscape Cost Estimate
Cost for landscape review and inspection is based on the value of a project determined by the cost estimate worksheet.

The City's Landscape Application includes a Standard Landscape Cost Estimate Worksheet that is utilized by the applicant to determine the estimated cost for the landscape improvements for a proposed project (Attachment D). The existing Landscape Cost Estimate Worksheet was established in 1992 and has not been updated since and does not reflect the current costs for landscape improvements. Gary F. Hoyt Landscape Architecture, Inc. prepared an updated Standard Landscape Cost Estimate sheet (Attachment E) that reflects more current industry costs based on their experience reviewing cost estimates for projects throughout the San Diego and Southern California region.

Staff reviewed the proposed Standard Landscape Cost Estimate Worksheet update based on research and comparison to other jurisdictions within the San Diego region to assess whether the proposed update was comparable. The costs varied with some items being similar to the City's existing costs and others higher.

Based on Gary F. Hoyt Landscape Architecture, lnc.'s experience as a landscape architecture firm and Gary Hoyt's over 40 years of experience as a registered Landscape Architect, his familiarity with Poway and other jurisdictions' landscape cost estimates, and staff's comparison of other jurisdictions, staff accepts the updated Standard Landscape Cost Estimate Worksheet as presented.

Environmental Review:

This action to approve the consultant agreements is not a "Project" as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15060 (c)(3), no environmental review is required.

Fiscal Impact:

Sufficient funds are available for this contract in the adopted Fiscal Year 2023-24 budget. All landscape plan check and inspection services are paid for by the applicants through a flat fee or deposit, depending on the construction valuation, and then remitted to the consultants for services performed.

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May 21, 2024, Item #10
Public Notification:

None.

Attachments:

A Standard Agreement for Services with Gary F. Hoyt Landscape Architecture, Inc.

B. Standard Agreement for Services with lnterwest Consulting Group, Inc.

C. Resolution 11-068
D. Standard Landscape Cost Estimate Worksheet (Existing) E. Standard Landscape Cost Estimate Worksheet (Updated) Reviewed/Approved By:
w~~a;:;;::

Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
May 21, 2024, Item #10
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 21st day of December, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and GARY F. HOYT LANDSCAPE ARCHITECTURE, INC., (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform as needed landscape architecture plan check and inspections services (Project); WHEREAS, Consultant is a landscape architect consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.

This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City.

Termination for cause shall be effected by delivery of written notice of termination to Consultant.

Such termination shall be effective upon delivery of said notice. 4 of40 ATTACHMENT A
May 21, 2024, Item #10

5. Confidential Relationship.

City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.

The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.

Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of 40 2
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"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:
[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 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 6 of 40 3
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(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.
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(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. 8 of 40 5
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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. 9 of40 6
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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.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:

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

By: ____________ _
Alan Fenstermacher, City Attorney
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GARY F. HOYT LANDSCAPE
ARCHITECTURE, INC.

By:------------
Gary F. Hoyt, PresidenUCEO
Date: ___________ _
May 21, 2024, Item #10
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant shall provide the necessary qualified personnel to perform the services listed below. Consultant shall provide all labor, materials, and equipment necessary for landscape plan check and inspection services as required by City, which shall include but not be limited to the following:

1. Plan Check Services
a. Perform irrigation and landscape plan review of construction plans within ten business days, or as otherwise directed, for the entire plan check process including re-checks. Include recommendations based on experience with maintenance and growth rates of plant materials.
b. Provide a rapid turnaround of the reviewed plans while ensuring a quality review process. Typical turnaround times for City of Poway are one to two weeks depending on the complexity of the project.
c. Review conceptual landscape plans for projects during entitlement process, as needed.
d. Review and comment on existing and proposed regulations and policies based on new State and Federal Statutes and as directed.
e. Meet with staff and applicants when requested by staff. f. Review tree removal permits on private property, as needed. g. Attend pre-construction meetings, as needed.
h. Develop and maintain written lists of corrections needed to have the submitted plans conform to the applicable codes and regulations.
i. Transmit such correction lists to, and consult with, the applicant or design professional as necessary in order to explain the corrections to be made to have the proposed construction conform to the applicable codes and regulations. Issue the necessary approvals when, in the Consultant's opinion, the plans appear to be complete, have met all applicable state and local requirements and corrections are addressed.
j. Update permit tracking software and transmit corrections to applicant and landscape designer or architect.

2. Field Inspection Services
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a. Perform field inspections within two business days upon request, or as otherwise directed, including but not limited to, inspections of plant materials (including sizing, type, height and location); its irrigation main lines, main line pressure checks, irrigation coverage (ensure spray and drip systems are functioning with minimal overspray), review/approval of plant material for City projects, required plant coverage and tree/shrubs per acre, and fire management plans: (1) during construction; and (2) prior to issuance of building certificate of occu·pancy to determine compliance with applicable codes and regulations. b. Develop and maintain written lists of corrections needed to have the physical improvements conform to the approved plans and applicable codes and regulations.
c. Transmit such correction lists to, and consult with, the applicant or design professional or contractor as necessary in order to explain the corrections to be 1 May 21, 2024, Item #10
made to have the physical improvements conform to the approved plans and applicable codes and regulations.
d. Update permit tracking software and transmit corrections to applicant, contractor and landscape designer or architect.

3. Management Approach
a. The Consultant must reflect professionalism and courtesy when dealing with the public and City staff.
b. The Consultant will provide copies of all correspondence records, inspection reports, and approval reports to the Department of Development Services. c. The Consultant will invoice the Department of Development Services for services rendered in a manner consistent with City standards as approved by the City's Finance Division.
d. The City shall collect all fees in connection with the Consultant performing the work set forth in this proposal and under no condition will such fees be collected by the Consultant.
e. Consistent with the authority contained in the law, the Consultant shall have the decision authority consistent with and necessary for the timely and proper enforcement of the laws and ordinances assigned to the Consultant for enforcement, and such decisions shall be consistent with the wording of the regulations.
f. The Consultant shall provide its own office space and clerical support at its sole cost and expense. Specific accommodations to the Consultant by the City may be permitted on a case-by-case basis if such accommodations are of no additional cost to the City.
g. Phone calls, text messages and emails shall be responded to within 24 hours with a reasonable timeline for completeness of requests. h. Priorities may be shifted or reorganized in order to expedite certain project reviews and inspections.

B. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals, which are included in this document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing December 21, 2023, and ending December 20, 2026, 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 13 of 40 2
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expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

D. Consultant's Insurance.

1. Coverages:

Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

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.
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E. Notices.

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

To City:

To Consultant:
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City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Gary F. Hoyt Landscape Architecture, Inc.
12888 Francine Terrace
Poway, CA 92064
May 21, 2024, Item #10
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Attachment 1

FEE PROPOSAL
Gary F. Hoyt Landscape Architecture, Inc.
compensation to provide landscape plan check and inspection and other related services to the City of Poway is outlined below.

1. Flat fee for plan checks, re-checks, and inspections for projects with a construction valuation of$1.00 to $15,000.00:
$720.00

2. Hourly rate for plan checks, re-checks, and inspections for projects with a construction valuation of $15,001.00 and greater: $110.00/hour

3. Hourly billing rate for consultation as requested by the City:
$110.00/hour
May 21, 2024, Item #10
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 o/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)
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(!)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 21, 2024, Item #10
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.
(t)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:
18 of 40
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 May 21, 2024, Item #10
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 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)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
19 of 40 3
May 21, 2024, Item #10
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 22nd day of May, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and INTERWEST CONSUL TING GROUP, INC., {hereinafter referred to as "Consultant").

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

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. 20 of 40 ATTACHMENT B
May 21, 2024, Item #10

5. Confidential Relationship.

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.

8. Ownership of Documents.

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. 21 of 40 2
May 21, 2024, Item #10
"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;

DISCLOSURE DETERMINATION:
[8J 1. ConsultanUContractor 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. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor 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.

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 22 of 40 3
May 21, 2024, Item #10
(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.

13. Licenses, Permits, Etc.

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.
23 of 40 4
May 21, 2024, Item #10
(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.

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. 24 of 40 5
May 21, 2024, Item #10
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.

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.

23. Entire Agreement.

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. 25 of 40 6
May 21, 2024, Item #10
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)
26 of 40 7
May 21, 2024, Item #10
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY INTERWEST CONSUL TING GROUP, INC.

By: __________ _ By: ___________ _
Chris Hazeltine, City Manager Paul Meschino, President
Date: ___________ _ Date: 5/10/2024
ATTEST:

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

Alan Fenstermacher, City Attorney
27 of 40 8
May 21, 2024, Item #10
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

2. Field Inspection Services
28 of 40
a. Perform field inspections within two business days upon request, or as otherwise directed, including but not limited to, inspections of plant materials (including sizing, type, height and location); its irrigation main lines, main line pressure checks, irrigation coverage (ensure spray and drip systems are functioning with minimal overspray), review/approval of plant material for City projects, required plant coverage and tree/shrubs per acre, and fire management plans: (1) during construction; and (2) prior to issuance of building certificate of occupancy to determine compliance with applicable codes and regulations. b. Develop and maintain written lists of corrections needed to have the physical improvements conform to the approved plans and applicable codes and regulations.
c. Transmit such correction lists to, and consult with, the applicant or design professional or contractor as necessary in order to explain the corrections to be 1 May 21, 2024, Item #10
made to have the physical improvements conform to the approved plans and applicable codes and regulations.
d. Update permit tracking software and transmit corrections to applicant, contractor and landscape designer or architect.

3. Management Approach
B.
a. The Consultant must reflect professionalism and courtesy when dealing with the public and City staff.
b. The Consultant will provide copies of all correspondence records, inspection reports, and approval reports to the Department of Development Services. c. The Consultant will invoice the Department of Development Services for services rendered in a manner consistent with City standards as approved by the City's Finance Division.
d. The City shall collect all fees in connection with the Consultant performing the work set forth in this proposal and under no condition will such fees be collected by the Consultant.
e. Consistent with the authority contained in the law, the Consultant shall have the decision authority consistent with and necessary for the timely and proper enforcement of the laws and ordinances assigned to the Consultant for enforcement, and such decisions shall be consistent with the wording of the regulations.
f. The Consultant shall provide its own office space and clerical support at its sole cost and expense. Specific accommodations to the Consultant by the City may be permitted on a case-by-case basis if such accommodations are of no additional cost to the City.
g. Phone calls, text messages and emails shall be responded to within 24 hours with a reasonable timeline for completeness of requests. h. Priorities may be shifted or reorganized in order to expedite certain project reviews and inspections.

Compensation and Reimbursement.

C. Term of Agreement.

This Agreement shall be effective from the period commencing May 22, 2024, and ending May 21, 2027, 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 29 of 40 2
May 21, 2024, Item #10
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:

2. Endorsements:

3. Insurance Certificates:

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

To City:

To Consultant:
31 of 40 4
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
lnterwest Consulting Group, Inc.
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
May 21, 2024, Item #10
Attachment 1
City of Poway, CA I Proposal for RFP# 24-011 Landscape Architectural Plan Check & Inspection Services 5 / Fee Proposal
Below we have provided our cost breakdown associated with each of the tasks as outlined in the scope of work we have presented in our proposal.

Projects
Flat Fee Projects < $1Sk
Hourly Rate Projects> $1Sk
Hourly Rate: Additional Consul
tation Requests
t r e t H urly Rates
Effective January 1, 2023
$ 720
N/A
N/A

HOURLY RATE
Plan Check
N/A
$165/HR
$165/HR
Field Inspection
N/A
$165/HR
$165/HR
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI"), unless a mutually agreed upon rate increase is established.

Such increase shall not exceed 5% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

CLASSIFICATION HOURLY BILLING RATE
Landscape Design Review Services
Project Manager .................................................................................................................................................. $165 Senior Landscape Design Reviewer .................................................................................................................. $165 Landscape Maintenance Inspector ................................................................................................................... $165 2 May 21, 2024, Item #10
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)
33 of 40
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 May 21, 2024, Item #10
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:
34 of 40
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 May 21, 2024, Item #10
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
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).
35 of
40 3
May 21, 2024, Item #10
RESOLUTION NO. 11-068

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF POWAY, CALIFORNIA,

AMENDING THE MASTER FEE SCHEDULE, LANDSCAPE

PLAN CHECK AND INSPECTION SERVICES FEE
WHEREAS, California Government Code Section 66016, et. seq., establishes procedures for the adoption of fees for services provided by local government; and WHEREAS, the City Council finds it necessary to recover the full costs for City services; and
WHEREAS, in 1992, the City Council adopted Resolution 92-187 establishing a Landscape Plan Check and Inspection Services Fee and rescinded Resolution 89-077; and WHEREAS, the City Council may find it necessary or desirable to amend the City's Master Fee Schedule from time to time, as authorized by the California Government Code; and
WHEREAS, in December 2010, the City sent out a Request for Proposals for as needed landscape architecture plan check and inspection services. Staff reviewed the proposals that were received and selected the proposal from Gary F. Hoyt 'Landscape Architecture, Inc., on the basis of qualifications and rates; and WHEREAS, the proposed new flat fee does not exceed the reasonable recovery costs of providing the service for which the fee is imposed; and WHEREAS, the City Council now finds it necessary to adjust the Landscape Plan Check and Inspection Services Fee based on additional statuary and regulatory requirements incorporated into the Poway Municipal Code (PMC); and WHEREAS, a duly noticed public hearing has been held, allowing for public comment on the establishment of said fee.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

Section 1: The City Council finds that this amendment to the Master Fee Schedule is exempt from the California Environmental Quality Act (CEQA}, pursuant to the provision of Section 15273(a)(1) of the 2011 State CEQA Guidelines.

Section 2: Resolution 92-187 establishing a Landscape Plan Check and Inspection Services Fee is hereby rescinded effective February 18, 2012.

Section 3: Establish a flat fee of $720 for Landscape Plan Check and Inspection Services for projects with landscape improvement value up to $15,000 (based on the City standard unit price estimate sheet).
36 of 40 ATTACHMENT C
May 21, 2024, Item #10
Resolution
No
. 11-068
Page
2 Section
4:

Establish
Landscape
Plan
Check
and
Inspection
deposit
rates
to
be
calculated
based
on
the
City
standard
unit
price
estimate
sheet,
according
to
the
following
table:

Estimated
Cost
of
Landscape
Improvements•
$15,001
to
$100,000
$100,001
to
$250,000
$250,001
to
$500,000
$500,001
to
$750,000
$750,001
to
$1,000,000
$1,000,001
and
over
·rhe
actual
fee
shall
be
calculated
based
on
the
hourly
rate
charged
to
review
and
check
plans
and
for
inspection
services
by
City
staff
or
City's
contract
landscape
architect.

Rate 3.5%

3.0%

2.5% 2.0% 1.5% 1.0%
Section
5:

Table
2 of
the
City's
Master
Fee
Schedule
(effective
July
6,
2010),
as
adopted
by
Resolution
No.
10-017,
is
hereby
amended
by
referencing
this
Resolution
to
reflect
the
fees
established
by
Sections
3 and
4,
above.

PASSED,

ADOPTED
AND

APPROVED
by
the
City
Council
of
the
City
of
Poway,
State
of
California,
at
a
regular
meeting
this
20th
day
of
December
2011.

ATTEST: 37
of
40 May 21, 2024, Item #10
STATE
OF

CALIFORNIA
) ) SS.

COUNTY
OF
SAN
DIEGO
)
Resolution
No.
11-068
Page
3 I,
Linda
A.

Troyan,
MMC,
City
Clerk
of
the
City
of
Poway
, do
hereby
certify,
under
penalty
of
perjury,
that
the
foregoing
Resolution
No
. 11-068
was
duly
adopted
by
the
City
Council
at
a
meeting
of
said
City
Council
held
on
the
20th
day
of
December
2011
and
that
it
was
so
adopted
by
the
following
vote:
38 of
40 AYES
:

BOYACK,

GROSCH,

MULLIN,

CUNNINGHAM,

HIGGINSON
NOES:

NONE
ABSENT:

NONE

DISQUALIFIED
:

NONE
ajA
. Troyan,
MMC,
Cit
City
of
Poway
May 21, 2024, Item #10
CITY
OF
POWAY

STANDARD

LANDSCAPE
COST
ESTIMATE***
PROJECT: CALCULATED
BY:

DATE:

Soil
Preparation
@$0
.10
$
Concrete
Mow
Strip
(6"x6")
LF@
$5
.00
$
Root
Barrier
EA@$40
.00
$
Mulch
CY@$50
.00
$
Automatic
Irrigation
SF@$0
.65
$
(under
100,000
SF)
Automatic
Irrigation
SF@$0.35
$
(Over
100,000
SF)
1 Gallon
Shrubffree
EA@$5
.00
$
5 Gallon
Shrub
EA@$14
.00
$
5 Gallon
Vines
EA@$16.00
$
15 Gallon
Espaliers
EA@
$58
.00
$
5 Gallon
Tree
EA@$16
.50
$
15 Gallon
Tree
EA@$55.00
$
24 Inch
Box
Tree
&
Larger
EA@$*
$
Boulders
TN@$75.00
$
Hydroseeded
Slopes
SF@$0
.06
$
Hydroseeded
Turf
SF@$0
.10
$
Groundcover (hand
planted)
SF@$0
.20
$
@12"
O.~.

Groundcover (slope
planting)
SF@$0
.35
$
Sodded
Turf
SF@$**
$
TOTAL
COST
$
**
All
trees
larger
than
15 gallons
shall
be
listed
at
the
15-gallon
tree
unit
price
.

Sodded
turf
shall
be
listed
at
the
hydroseeded
turf
price
per
square
foot.

Hardscape
not
included
in
cost
estimate
.
39 of
40 ATTACHMENT
D
May 21, 2024, Item #10
CITY
OF
POWAY

STANDARD

LANDSCAPE
COST

ESTIMATE
WORKSHEET**

PROJECT/
LP#:

CALCULATED
BY
:

DATE:

Soil
Preparation/Fine
Grade
SF@$0
.35
$
Concrete
Mow
Curb
(6"
x 6
")
LF@$9.00
$
Root
Barrier
(each
tree)
EA@$65.00
$
Mulch/
Inorganic
(i.e.,
stone,
DG,)
SF@$2.80
$
cobble,
gravel,
etc.)
Mulch
/ Organic
SF@
$1
.20
$
Automatic
Irrigation
(Spray)
SF@$1
.80
$
(under
1 ac
re)
Automatic
Irrigation
(Spray)
SF@$0.95
$
(over
1 acre)
Automatic
Irrigation
(low
volume)
SF@$4.50
$
1 Gallon
Shrub
EA@
$18.00
$
5 Gallon
Shrub
EA@$40.00
$
5 Gallon
Vine
EA@$45
.00
$
15 Gallon
Shrub
EA@$125.00
$
5 Gallon
Tree
EA@$50
.00
$
15 Gallon
Tree
EA@$125
.00
$
24 Inch
Box
Tree
&
Larger*
EA@
*$250.00
$
Boulder
EA@$65.00
$
Hydroseed
Slopes
SF@$0
.35
$
Hydroseed
Turf
SF@$0.35
$
Groundcover
(flats)
SF@$0.40
$
@12"O.C. Groundcover
{flats)
SF@$0.25
$
@
18"
0 . C.

Sodded
Turf
SF@$1.50
$
FMZ
B
Vegetation
Removal
{''Trim
&
AC@
$3000.00
$
Maintain") * **
All
trees
larger
than
24-inch
box
size
shall
be
listed
at
the
24-
inch
box
tree
unit
price.

Hardscape
is
not
included
in cost
estimate
.
40 of
40 ATTACHMENT
E

Poway City CouncilMay 21, 2024

Poway City Council
May 21, 2024