Agenda packet — Poway City Council, June 18, 2024 (part 1 of 2)

AGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 June 18, 2024 I 7 p.m.

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

Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.

Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.

Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced.

To Watch Live:
www.poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.

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

PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.

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

Steve Vaus
Mayor
Caylin Frank
Deputy Mayor
Peter De Hoff
Council member
Anita Edmondson
Council member
Brian Pepin
Councilmember
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.

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

ROLL CALL:

PLEDGE OF ALLEGIANCE:

MOMENT OF SILENCE:

PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.

Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.

CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.

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

2. Approval of the May 7, 2024 Regular City Council Meeting Minutes

3. Award of Contract to J.J. Kane Associates, Inc., DBA Ken Porter Auctions for Auction Services; RFP No. 24-023

4. November 5, 2024 General Municipal Election

5. Resolution Authorizing the Acceptance of the 2023 Urban Area Security Initiative Grant Program Funds

6. Award of Contract to Horizon Mechanical Contractors of California, for the Pool Circulation Pump Replacement Project, Bid No. 24-005, and Determination the Project is Categorically Exempt from the California Environmental Quality Act

7. Rejection of Received Bid for the Fiscal Year 2023-24 Water Valve Replacement Project, Bid No. 24- 008, and Direction to Staff to Re-Scope and Re-Advertise the Project

8. Approval of Consultant Agreements with D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc. for As-Needed Storm Water Engineering Services
2 of 4 Regular City Council Meeting June 18, 2024

9. Award of Contract to HMS Construction, Inc., for the Midland Road Safety Improvements Project, Bid No. 24-004, and Determination the Project is Categorically Exempt from the California Environmental Quality Act

10. Approval of Agreement with Corodata Records Management, Inc. for Professional Records Storage and Management Services
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
11 . Tentative Tract Map (TTM) 24-0001; a Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM 22-001)
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution.

12. Proposed Fiscal Year 2024-25 Operating Budget & Capital Improvement Program City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, receive the Budget Review Committee Report, consider their recommendations, and adopt the Resolutions.

STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None
ADIQURNMENT:
3 of 4 Regular City Council Meeting June 18, 2024
State of California
County of San Diego
)
) ss.
)

AFFIDAVIT OF POSTING
I, Ellis Webster, Deputy City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on June 11, 2024. Said meeting to be held at 7:00 p.m., June 18, 2024, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. t4:14t--;....;:- ::::-----,
{!jjs Webster, Deputy City Clerk
4 of 4 Regular City Council Meeting June 18, 2024
1 of 7
June 18, 2024, Item #2
AGENDA RE PQ RT City of Poway
DATE:

TO:

FROM:

CONTACT:

June 18, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk •~
Carrie Gallagher, City Clerk
(858) 668-4435 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the May 7, 2024 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• May 7, 2024 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.

Recommended Action:

It is recommended the City Council approve the May 7, 2024 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. May 7, 2024 Regular City Council Meeting Minutes
Reviewed/Approved By:
,ii,. . ~-
Wen~serman
Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
..-Y,' ,t J,.f--c . -
Chris Hazeltine
City Manager
2 of 7
June 18, 2024, Item #2

ATTACHMENT A
CITY
OF
POWAY
CITY

COUNCIL

REGULAR

MEETING
MINUTES May
7,
2024
City
Council
Chambers
13325
Civic
Center
Drive,
Poway,
California
(Per
Government
Code
54953)
(Meeting
Called
to
Order
as
City
Council/City
of
Poway
Planning
Commission/Poway
Housing
Authority/Public
Financing
Authority
and
Successor
Agency
to
the
Poway
Redevelopment
Agency)
CALL
TO
ORDER:

Mayor
Vaus
called
the
Regular
Meeting
to
order
at
7:00
p.m
.

ROLL
CALL:

Present:

Brian
Pepin,
Peter
De
Hoff,
Anita
Edmondson
, Caylin
Frank,
Steve
Vaus
STAFF

MEMBERS
PRESENT:

City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher;
Director
of
Development
Services
Bob
Manis;
Interim
Director
of
Finance
Brad
Rosen;
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy;
Director
of
Public
Works
Eric
Heidemann;
Director
of
Community
Services
Audrey
Denham;
Fire
Chief
Jeff
Chumbley;
Captain
Claudia
Delgado,
Sheriff
's
Department.
(Note
: Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager,
Assistant
City
Manager,
City
Attorney
, City
Clerk
and
Director
of
Finance
shall
be
used
to
indicate
Mayor/Chair,
Deputy
MayorNice
Chair,
Councilmember/Director,
City
Manager/Executive
Director,
Assistant
City
Manager/Assistant
Executive
Director,
City
Attorney/Counsel,
City
Clerk/Secretary
and
Director
of
Finance/Finance
Officer.)
PLEDGE
OF
ALLEGIANCE:

Deputy
Mayor
Frank
led
the
Pledge
of
Allegiance.

MOMENT
OF
SILENCE:

Mayor
Vaus
recognized
the
passing of
four
law
enforcement
officers
who
were
killed
in
the
line
of
duty
in
Charlotte,
North
Carolina.

Mayor
Vaus
led
a
moment
of
silence.

Mayor
Vaus
reordered
the
agenda
to
hear
Public
Comment
prior
to
Presentations
.

PUBLIC
COMMENT:

None.
3 of 7
June 18, 2024, Item #2
City of Poway -Minutes -May 7, 2024
PRESENTATIONS:

Recognition of First Responders
CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Items 1, 2 and 4 through 6. Motion carried 5/0 by the following roll-call vote:

Ayes: Pepin, De Hoff, Edmondson, Frank, Vaus
Noes: None
Abstained: None

Absent: None
Disqualified: None
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Item 3. Motion carried 4/1 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

De Hoff, Edmondson, Frank, Vaus
Pepin
None
None
None

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

2. Approval of the February 20, 2024, and March 19, 2024 Regular City Council Meeting Minutes

3. Resolution Confirming Adjustments to EDCO Waste and Recycling Services' Rate Schedule

4. Resolution Authorizing the City of San Diego Solid Waste Local Enforcement Agency to be the Lead Waste Agency for the Regional Tire Enforcement Program

5. Authorization to Purchase One (1) 5-Cubic Yard Dump Truck Utilizing Sourcewell Cooperative Purchasing Program Contract#060920-NAF, One (1) Utility Body and One (1) Flatbed Dump Body Utilizing Omnia Cooperative Purchasing Program Contract #159469, and Appropriation of Funds

6. Resolution Adopting a List of Projects for Fiscal Year 2024-25, Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017
ORDINANCES FOR INTRODUCTION:

7. Proposed Amendment to Section 2.04.020 of the Poway Municipal Code to Increase Mayor and City Councilmember Salaries
City Attorney Alan Fenstermacher presented the item. He explained, per City Council resolution, City reviews Mayor and City Councilmember salaries in even numbered years. He provided background on state laws governing council member salaries noting the law allows for salary increase of five (5) percent each calendar year. Mr. Fenstermacher stated the last Council salary increase occurred two (2) years ago.
4 of 7
June 18, 2024, Item #2
City
of
Poway
-
Minutes
-
May
7,
2024
The
proposed
ordinance
would
increase
council
salaries
by
a
total
of
10 percent,
five
(5)
percent
for
each
of
the
last
two
(2)
years
. Mr
. Fenstermacher
stated
the
increase
would
take
effect
January
1,
2025;
noting
salary
changes
are
only
allowable
following
an
election.

Public
Comment:

None. End
of
Public
Comment.

Council
discussion
ensued
regarding
the
financial
impact
of
the
salary
increases.

Assistant
City
Manager
Kaserman
clarified
the
impact
as
presented
, represents
half
of
a
fiscal
year
since
if approved,
they
would not
take
effect
until
January
2025
.

As
requested
by
the
Mayor,
City
Clerk
Gallagher
titled
the
Ordinance
for
introduction.

Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Frank
to
introduce
Ordinance
No.
868
entitled
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California,
Amending
Section

2.04.020
of
the
Poway
Municipal
Code
to
Increase
Mayor
and
Council
Compensation,"
for
first
reading
and
schedule
the
second
reading
and
adoption
at
the
next
regularly
scheduled
City
Council
meeting.

Motion
carried
4/1
by
following
roll-call
vote:

Ayes: Noes: Abstained: Absent: Disqualified:

PUBLIC
HEARINGS:

De
Hoff,
Edmondson,
Frank,
Vaus
Pepin None None None

8. Resolution
Adopting
the
TransNet
Local
Street Improvement
Program
List
of
Projects
for
Fiscal
Years
2024-25
through
2028-29
Mayor
Vaus
opened
the
Public
Hearing
at
7: 11
p.m.

City
Engineer
Tracy
Beach
presented
the
item
. She
explained,
every
two
years
local
cities
are
required
to
prepare
a
five-year
list
of
projects
to
be
funded
from
the
TransNet
half-cent
sales
tax
program
.

The
Regional
Transportation
Improvement
Program
(RTIP)
funded
through
the
TransNet
Expansion
ordinance,
was
approved
by
San
Diego
County
voters
in
2004
. The
City
is
estimated
to
receive
approximately
$10.8
million
over
the
next
five
years
to
be
used
on
local
transportation-related
projects.

Ms
. Beach
discussed
the
proposed
list
of
projects
as
approved
uses
of
funding.

Ms.

Beach
noted
quarterly
amendments
can
be
made
through
San
Diego
Association
of
Governments
(SANDAG)
by
City
Council
resolution
allowing
for
changes
to
the
list
of
approved
projects
.

Public
Comment:
5 of 7
June 18, 2024, Item #2
City
of
Poway
-
Minutes
-
May
7,
2024
None. End
of
Public
Comment
.

Mayor
Vaus
closed
the
Public
Hearing
at
7: 12
p.m
.

Council
discussion
ensued.

Deputy
Mayor
Frank
noted
completion
of
construction
of
the
Midland
Road
Safety
project
is
anticipated
in
Fall
of
2024
.

Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Frank
to
adopt
Resolution
No.
24-019
entitled
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California
Adopting
the
Transnet
Local
Street
Improvement
Program
List
of
Projects
for
Fiscal
Years
2024-25
through
2028-29."
Motion
carried
unanimously.

9. Conditional
Use
Permit
(CUP)
22-0007,
a
request
to
amend
CUP
13-005
to
Increase
the
Allowable
Student
Enrollment
of
an
Existing
School
at
12642
Monte
Vista
Road
in
the
Commercial
Office
(CO)
Zone
and
Determination
that
the
Project
is
Exempt
from
CEQA
review Mayor
Vaus
opened
the
Public
Hearing
at
7:13
p.m
.

Senior
Planner
Hector
Salgado
presented
the
item
along
with
a
PowerPoint
presentation.

He
provided
an
overview
of
the
school
campus
site
plan
including
classrooms,
office
space
and
parking
area.

He
noted
the
site
location
and
used
an
aerial
image
to
show
proximity
to
surrounding
businesses
and
residential
properties.

Mr.

Salgado
stated
the
school
has
seen
a
significant
increase
in
students
over
the
past
few
years
and
is
requesting
that
its
enrollment
be
allowed
to
increase
from
165
to
195
students
by
using
existing
classrooms
and
other
campus
facilities
to
accommodate
the
growth
. He
added,
no
temporary
buildings
remain
on
site.

The
estimated
number
of
additional
automobile
trips
due
to
student
increase
and
traffic
mitigation
efforts
were
discussed
.

Mr
. Salgado
noted
a
neighborhood
meeting
was
held
on
February
27,
2024,
to
allow
for
resident
questions
however
no
residents
were
in
attendance.

Public
Comment:

Ken
Rogers
spoke
in
opposition
to
Item
#9,
noting
traffic
and
parking
concerns
for
the
neighboring
businesses
and
residents.

End
of
Public
Comment.

Mayor
Vaus
closed
the
Public
Hearing
at
7: 19
p.m.

Council
discussion
ensued.

Traffic
and
parking
concerns
were
discussed,
and
Council
noted
the
procedure
to
address
any
future
compliance
concerns
related
to
the
CUP.

Council
responded
positively
to
the
proposed
increase
in
student
enrollment
.

Motioned
by
Deputy
Mayor
Frank,
seconded
by
Mayor
Vaus
to
adopt
Resolution
No.
24-020
entitled
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California
Approving
Conditional
Use
Permit
(CUP)
22-0007,
a
Modification
of
Conditional
Use
6 of 7
June 18, 2024, Item #2
City
of
Poway
-
Minutes
-
May
7,
2024
Permit
(CUP)
13-005
to
Increase
in
the
Allowable
Enrollment
at
a
School
from
165
to
195
Students;
Assessor
Parcel
Number
275-460-62
." Motion
carried
unanimously.

STAFF
REPORTS:

None. WORKSHOPS: None
.

COUNCIL-INITIATED
ITEMS:

None
.

COUNCIL

COMMITTEE

REPORTS
and
ANNOUNCEMENTS:

Pursuant
to
AB1234
-
(G
.C.
53232(d)) Director
of
Public
Works
Eric
Heidemann
provided
an
update
on
the
San
Diego
County
Water
Authority,
specifically
related
to
rates
and
charges
for
calendar
year
2025
. He
described
several
factors
impacting
revenues
and
rates
including
wet
weather
resulting
in
low
water
sales,
previous
drawdowns
on
reserves
to
mitigate
prior
rate
increases
,
and
increases
by
other
agencies
(including
Metropolitan
Water
District)
that
are
outside
the
San
Diego
County
Water
Authority
's
control.

He
explained
there
are
several
rates
options
being
presented
to
San
Diego
County
Water
Authority's
Board
for
consideration,
they
involve
various
degrees
of
risk
tolerance
. Higher
risk
alternatives
are
lower
rate
increases
around
16%
, lower
risk
alternatives
reflect
rate
increases
around
22%.

The
Board
will
be
voting
on
the
rate
increases
in
the
next
several
weeks
. Mr
.

Heidemann
also
shared
he
had
voiced
concerns
at
the
last
board
meeting
about
changes
made
relative
to
thresholds
for
project
labor
agreements
and
how
those
changes
are
impacting
the
costs
of
capital
improvements
projects
and
in
turn
contributing
to
higher
rate
increases
.

Councilmember
De
Hoff
provided
an
update
on
the
Regional
Solid
Waste
Association
(RSWA).

He
noted
a
planned
reduction
in
disposal
tip
fees
and
EDCO's
receipt
of
state
grants
to
generate
more
natural
gas,
allowing
them
to
be
100
percent
energy
exempted.

Mayor
Vaus
provided
an
update
on
SAN
DAG,
including
the
recent
appointment
of
Mario
Orso
as
Chief
Executive
Officer
.

CITY

MANAGER
ITEMS:

None. CITY

ATTORNEY
ITEMS:
(Including
any
public
report
of
any
action
taken
in
closed
session)
None. CLOSED
SESSION:
10 . Conference
with
Labor
Negotiators
-
(Government
Code
§54957
.6)
Designated
City
Representatives
: Chris
Hazeltine,
Wendy
Kaserman,
and
Jodene
Dunphy
Employee Organizations:

Teamsters
Local
911
and
Management/Confidential
7 of 7
June 18, 2024, Item #2
City of Poway -Minutes -May 7, 2024
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 7:38 p.m.

ADJOURNMENT:

City Attorney Alan Fenstermacher reported no action was taken.

The meeting was adjourned at 9:21 p.m.

Carrie Gallagher, CMC
City Clerk
City of Poway, California
June 18, 2024, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
June 18, 2024
Honorable Mayor and Members of the City ~~ncil
Eric Heidemann, Director of Public Works ~
Michael Obermiller, Public Works Operations Manager ~
(858) 668-4722 or [email protected]

CITY COUNCIL
Award of Contract to J.J. Kane Associates, Inc., DBA Ken Porter Auctions for Auction Services; RFP No. 24-023
A request for proposal (RFP) for Auction Services, RFP No. 24-023, was duly advertised on April 25 and May 2, 2024. Two (2) proposals were received and opened on May 16, 2024. Staff reviewed the proposals submitted and selected J.J. Kane Associates, Inc., DBA Ken Porter Auctions U.J. Kane Associates, Inc.) as the company to provide Auction Services to the City of Poway (City). Staff determined J.J. Kane Associates, Inc. to be responsive and qualified to provide these services and is recommending the City Council award the Agreement for Auction Services (Agreement) to J.J. Kane Associates, Inc., DBA Ken Porter Auctions. The length of this Agreement shall be for two (2) years beginning on July 1, 2024, through June 30, 2026. The Agreement can be extended by a maximum of three (3) one-year terms.

Recommended Action:

It is recommended City Council award the Agreement for Auction Services, RFP No. 24-023, to J.J. Kane Associates, Inc., DBA Ken Porter Auctions and authorize the City Manager to execute the necessary documents.

Discussion:

On a regular basis the City reviews its inventory of property and periodically disposes surplus items.

The procedure for disposing City-owned property is detailed in City of Poway Policy and Procedure No. 031, Disposal of City Property (Policy). This Policy establishes various conditions and requirements for disposing of surplus City-owned property, including whether an item is no longer useful (obsolete), broken beyond repair, unsafe or no longer economical for use, or any other documented reason determined by a City department director. The Policy's objective is to streamline and expedite the disposal process to achieve additional revenue and ensure an efficient use of staff resources. The Policy provides discretion to the department director in determining which disposal method is utilized. 1 of 26
June 18, 2024, Item #3
Consequently, public auction has been determined to be the best method to dispose of vehicles and equipment removed from service, and no longer required for public use, as this method provides the greatest return of funds for the City's investment.

The City issued a notice inviting proposals for auction services on April 25 and May 2, 2024. Two (2) proposals were received and opened on May 16, 2024. Evaluation criteria for the proposals included overall experience, technical expertise, work force coverage capacity, references, and cost of service.

After reviewing the proposals, City staff selected J.J. Kane Associates, Inc., as the best qualified contractor to provide auction services to the City.

A second proposal was received by Coco Brothers Inc. OBA General Auction Company and was opened on May 16, 2024; however, the proposal was deemed non-responsive.

The table below represent the various charges for vehicles and miscellaneous equipment:

J.J. Kane Associates, Inc.

Auction Item Commission Buyer's Premium Transportation Fees Description Cars, SUV's, & Pickup 2% 15% (Live) $110 Trucks 15% (Online) Large Trucks & Other 2% 15% (Live) To be agreed upon Vehicles 15% (Online) Optional Work Description Fees
De-Logo $85Nehicle
Battery Replacement $145Nehicle
The length of the proposed initial Agreement is two (2) years beginning July 1, 2024, through June 30, 2026. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year extensions. The maximum length of the Agreement would be up to five (5) years.

Environmental Review:

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

Fiscal Impact:

The City will receive funds from the sale of the surplus vehicles and equipment. The funds received will be deposited into the Capital Replacement Fund (115010-78810). The exact amount of the proceeds will not be known until the results from the auction are returned. All proceeds will be used towards the purchase of replacement equipment.

Public Notification:

None.
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June 18, 2024, Item #3
Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
June 18, 2024, Item #3
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and J.J. Kane Associates, Inc., OBA Ken Porter Auctions. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Auction Services for the disposal of surplus vehicles and miscellaneous equipment; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

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

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of26 ATTACHMENT A
June 18, 2024, Item #3
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

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

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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June 18, 2024, Item #3

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 interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

June 18, 2024, Item #3
DISCLOSURE DETERMINATION:
[g) 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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June 18, 2024, Item #3

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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June 18, 2024, Item #3
(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.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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June 18, 2024, Item #3

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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June 18, 2024, Item #3

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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June 18, 2024, Item #3
IN

WITNESS

WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.

CITY
OF
POWAY
By:------------
Chris
Hazeltine,
City
Manager
Date:
-----------
ATTEST: Carrie
Gallagher,
City
Clerk

APPROVED
AS
TO
FORM:

J.J.

Kane
Associates,
Inc.,
DBA
Ken
Porter
Auctions
By:-------------
Gene
Govoreau,
Senior
Sales
Manager
Date:
------------
By:--------------
Alan
Fenstermacher,
City
Attorney
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26 June 18, 2024, Item #3
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

The City of Poway periodically holds auctions to dispose of surplus vehicles, construction equipment, and other miscellaneous equipment. The Selected vendor will provide auction services at vendor sites as well as be able to provide mobile or offsite auctions services should the need arise.

1. General Requirements:
a. Contractor shall have the administrative and fiscal capability to provide and manage the proposed services.
b. Contractor shall ensure that no property assigned to the Contractor may be sold before an auction without prior written agreement of the City. c. Should both parties agree to a sale prior to auction, the proceeds of said sale should be treated as part of the gross proceeds of the auction.

2. City Requirements:
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a. The City shall provide in a timely manner the free and clear Title or Certificate of Ownership and all documents necessary to affect Transfer of Title for motor vehicles, trailers, and vehicle equipment and other property.

At the option of the Contractor, vehicles may not be offered at auction unless the Certificate of Ownership and all other documents necessary to affect a Transfer of Title for motor vehicles, trailers, and vehicle equipment are resubmitted at least five (5) days prior to sale.
b. Submit to Contractor a list of property released for sale. It is understood that minor changes in said list may be submitted to Contractor at any time prior to two (2) weeks in advance of the auction. Notwithstanding the forgoing, the City may withdraw property from said list upon notice to Contractor five (5) days prior to auction.
c. City warrants title to all property to be unencumbered at the time of sale. All property shall be sold "as is, where is" without any warranty by City of Contractor as to condition or usability. This disclaimer shall be obtained in all auction brochures and incorporated into the "Terms and Conditions of Sale" as well as on the sale invoice.
d. The City at its option may choose to transport City property to the Contractor's auctions site using transportation other than that provided by the Contractor. City property will be delivered to the Contractor's site between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

Deliveries are by appointment only. No fees may be assessed on City for transporting City property to Contractor's site.

June 18, 2024, Item #3
e. The City at its option may choose to use the transportation provided by Contractor at the Contractor's current rates per Exhibit "B".

3. Contractor Requirements:
a. Contractor shall provide City and such documents as City may request to protect City's rights.
b. Contractor shall maintain any and all records considered necessary by the City other than those provided by the Contractor. City will also provide Contractor such additional documents as Contractor may reasonably request in order to assist Contractor in performing its duties under the agreement.
c. Contractor shall comply with the consignment terms of the California Commercial Code and such other codes and regulations as may apply to the services provided by the Vendor.
d. The Contractor shall maintain an auctioneer bond with the State at all times. e. The Contractor may request an amendment to the agreement for certain fee increases or for the currently unknown issue out of its control that may be instituted by government agencies, financial institutions or merchant credit card service providers in the future as it relates to convenience fees.

Contractor reserves the right to adjust internet related fees over the life of this agreement if necessary due to pricing changes out of control or new technology availability unknown at this time.

4. Auction Requirements:
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a. Contractor shall ensure all auctions will be open to the general public, and there shall be no fee charged for participation as a potential buyer. b. Contractor shall ensure sales of such property will be made only the highest responsible bidder. The proceeds from all sales shall be collected in the form of cash, cashier's check, traveler's check, money order, or a check guaranteed by a bank letter of credit. The customer may choose to use a credit card. Contractor must indicate convenience fee charged to potential buyers in Exhibit "B".
c. Contractor shall ensure that unless otherwise directed by the City, all unsold property shall be rescheduled to the next available auction at no additional cost to the City.
d. Contractor shall receive and protect and properly insure, pursuant Exhibit "A" Insurance, all property from City for disposal.

June 18, 2024, Item #3
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e. Contractor shall physically display property in a manner that is conducive to proper inspection and will encourage the highest bid possible, i.e., clean, accessible for inspection, free from obstruction, and in general displayed in an efficient orderly manner allowing potential bidders unfettered access to the items to be auctioned.
f. Contractor shall supply all needed personnel and set up all needed auction equipment and facilities such as office, customer seating, and auction stands and refreshment area.
g. Contractor shall comply with all pertinent provisions of the Bulk Sales laws and laws and regulations of the State of California, including, but not necessarily limited to, obtaining all necessary licenses and permits, posting required bonds, payment of all fees and expenses thereof. h. Contractor shall register all bidders and issue bidder numbers. i. Contractor shall accept proxy bids with proper registration and when the bidder has submitted a written request for a proxy bidder within 12 hours of start of auction. Proxy bids are accepted through the on line system. j. Contractor shall ensure that all property is available for public inspection at least two (2) working days immediately preceding the auction sale date. i. No other public access will be allowed. Contractor's personnel and security employees will supervise the
inspection period.
ii. Vehicles shall be washed prior to inspection as requested by the City.
iii. Contractor shall, when requested by the City, provide transportation of all property from the City's possession to Contractor's auction facility. Contractor shall ensure
licensed and insured subcontractors provide such
transportation. The fees for such services shall be deducted from the auction proceeds by City. All fees shall be listed in a schedule of values and are fixed for each contract and option year.
k. Contractor shall, when requested by City and in compliance with State Laws, arrange for smog certificate or a statement that a vehicle does not meet smog requirements prior to sale. The fees for such services shall be deducted from auction proceeds by City. Vehicles that cannot be sold to California residents due to safety, California Air Resources Board regulations, or smog related reasons can be sold to car dealers, dismantlers or out of state buyers.

I. Contractor shall, when requested by City, arrange for property repair, detailing or reconditioning. Contractor, upon direction of the City, will obtain price quotes, and upon receipt of written instructions from the City, shall June 18, 2024, Item #3
have the necessary services performed. The fees for such Services shall be deducted from auction proceeds by City.
m. The City reserves the right to set a minimum selling price on certain items, and shall coordinate minimum bid requests with Contractor for purpose of ensuring reasonableness of minimum bid. Contractor shall prepare and present to the new owner the necessary documentation to transfer ownership or title, including OMV forms.
n. The Contractor shall not merge or combine lots offered for sale unless they are from the same consigner.
o. For extremely heavy items, large or difficult to transport items or items with a fixed or semi-fixed location, or any other items for which it is determined that it is economically more feasible to sell the item off site, the following procedure will be used.
i. City will provide Contractor with available inspection time prior to auction or allow the vendor to move the consigned property to the vendor's site for inspection.
ii. The Contractor may auction off-site items using photograph or other means. The display will include a general
description of each item and related public inspection
information.
iii. The Contractor shall include such items in its advertising plan and shall be knowledgeable about the off-site items being offered.

5. Advertising:
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a. Contractor shall engage in a comprehensive advertising and marketing campaign in advance of each auction.
i. The campaigns shall include: email broadcasts and several advertisements in local major newspapers.
ii. Contractor shall, by email, provide auction brochures to auctioneer's current mailing list prior to each auction. Said brochures shall contain descriptions and photographs of featured items to the property to be auctioned on the
advertised auction date. A reasonable quantity of these brochures can be provided to the City upon request.
iii. The Contractor shall state in advertisements that the vehicles are from the City of Poway.

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b. At any time and at the termination of the contract for any cause, all artwork, mailing lists proofs and/or negatives in either print or digital format and other documents or items necessary for the performance of this contract used by the vendor in the performance of this contract become the property of the City.
i. The above-mentioned items shall be returned to the City within ten (10) days upon written notification to the Contractor. c. The Contractor shall provide information regarding the auction on the Contractor's website, including photographs of major auction items. The photographs shall be of sufficient resolution to allow the viewer to identify the item and ascertain the overall condition of the item.

6. Surety Bond:

Contractor shall maintain a bond on file with the California Secretary of State in the principal amount of $20,000, as required by law (California Code Section 1812.600). Bond shall be for the benefit of any person or persons damaged by fraud, dishonesty, misstatement, misrepresentation, deceit, unlawful acts or omissions, or failure to provide the services of an auctioneer or auction company in performance of the auction by Contractor or its agents, representatives, or employees while acting within the scope of their employment.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated May 2, 2024, which are included in this document as Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

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

C. Term of Agreement.

This Agreement shall be effective from the period commencing July 1, 2024, and ending June 30, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three 17 of 26
June 18, 2024, Item #3
(3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first term of the agreement, the Contractor's costs shall .be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2026. 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 Gity 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 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
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June 18, 2024, Item #3
"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:
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City of Poway
P.O. Box 789
Poway, CA 92074
J.J. Kane Associates, Inc.,
4510 Muth Way
Jurupa, CA 92509
June 18, 2024, Item #3
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ATTACHMENT 1

FEE SCHEDULE
J.J. Kane Associates, Inc.

Section A -Commissions: As a
percentage of sold gross proceeds for Commission Rate surplus consigned. Buyer's premiums are not preferred.

Operating vehicles including cars, trucks,
1 materials handling or specially equipped 2%
vehicles, and trailers.

Non-operating vehicles including cars,
2 trucks, and other materials handling or 2%
specially equipped vehicles, and trailers.
3 Miscellaneous materials, supplies, and 15% equipment -working or not. 4 Buyer's Premium Percentage Live 15% Auctions
5 Buyer's Premium Percentage Online 15% Auction
Section B -Transportation Charges, to Transportation
transport to the auctioneer's facility Charges
6 Carrier Transport, multiple operating $110 vehicles
7 Towing standard, single, operating & non-$425 operatinq vehicles 8 Loads on a trailer, low bed $700
9 Large trucks (over one ton) and equipment To be
AQreed On
Section C -Related Preparation Preparation Charges Charges, for vehicle related Services 10 Safety and Smog Check, per vehicle $0/vehicle
11 Removal of decals, bumper stickers, any $85/vehicle identifiers of City of Poway, per vehicle 12 Removal of light bar $NA/vehicle
13 Replace battery (including parts and labor) $145/vehicle 14 Minor vehicle repairs $75/hour
15 Parts Mark-Up Percentage (associated 10% with mechanical repairs) Section A -Commissions: As a Commission Rate percentage of sold gross proceeds for June 18, 2024, Item #3
surplus consigned. Buyer's premium is I
not preferred.

Auction Sales 2% Commission
Buyer's
Premium 15% Percentage Live
Auctions
Buyer's
Premium 15% Percentage
Online Auction
Section B -Incidental Services I Incidental Services
Transportation
of Misc. Items $200 for 24 ft. Stake Bed from City of
Poway
Appraiser Fee $0
Ad min/handling
fee for items $0 released before
sale
(Remainder of page intentionally left blank)
21 of 26
June 18, 2024, Item #3
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)
22 of26
(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 June 18, 2024, Item #3
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
23 of26
(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.

June 18, 2024, Item #3
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 ofthe 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(SB13), 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:
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).
24 of26
June 18, 2024, Item #3

GUARANTY
To the City of Poway, City Council, for:

Auction Services
The undersigned guarantees the work included in this project(s).

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after. the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.

Contractor
Date
25 of 26
June 18, 2024, Item #3

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:

Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
26 of 26
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

June 18, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk q
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
November 5, 2024 General Municipal Election

CITY COUNCIL
The City of Poway is scheduled to conduct the General Municipal Election on Tuesday, November 5, 2024, for the purpose of electing one (1) Councilmember from District 2 and one (1) Councilmember from District 4 for the full term of four (4) years. Adoption of the recommended resolutions is required to commence the election process in conformance with the State of California's election laws.

Recommended Action:

It is recommended the City Council adopt the Resolutions.

Discussion:

In accordance with Poway Municipal Code Section 2.24.010, the City's 2024 General Municipal Election is scheduled to be held on November 5, 2024 for the purpose of electing one (1) Councilmember from District 2 and one (1) Council member from District 4 for the full term of four (4) years. The candidate filing period for the November election is Monday, July 15, 2024, at 8:00 a.m. to Friday, August 9, 2024, at 5:00 p.m. If an incumbent does not intend to file, the nomination period will be extended to Wednesday, August 14, 2024, at 5:30 p.m. for candidates other than the incumbent to file for that specific office. The City of Poway follows the candidate nomination process established in the California Elections Code.

In accordance with California Elections Code section 10403 and Poway Municipal Code Chapter 2.24, the City is requesting the San Diego County Board of Supervisors consolidate the City's General Municipal Election with the Statewide General Election to be held on November 5, 2024. The resolution requesting consolidation agrees to reimburse the San Diego County Registrar of Voters Office for costs associated with the election services provided to the City. This long-standing partnership is cost effective, reducing duplicity in both effort and in costs.

The California Elections Code provides for candidate reimbursement for the cost of printing and mailing their respective candidate statements in the Voter Information Pamphlet. The Federal Voting 1 of 9 June 18, 2024, Item #4
2 of 9
June 18, 2024, Item #4
Rights Act requires voters' pamphlets for San Diego County be translated into Spanish, Filipino, Vietnamese and Chinese languages.

The candidate statement is a voluntary statement for candidates seeking a specific elective office and may include the name, age and occupation of the candidate and a 200 or 400-word description of the candidate's education and qualifications. Council determines if the statement is to be 200 or 400 words and historically, a 200-word statement has been designated. Candidates who opt for this printing are required to pay a $1,000 deposit when the nomination paper and forms are filed with the City Clerk.

The resolution attached to the staff report establishes reimbursement of the cost for a candidate statement based on a 200-word statement. Final payment is due upon receipt from the Registrar of Voters (ROV) following the election. Candidates will be billed or refunded the difference in cost based on the actual number of candidates filing statements.

Environmental Review:

This action is not subject to CEQA review.

Fiscal Impact:

Although the actual costs of the election are likely to vary depending on how many jurisdictions participate, the estimated cost projection of the election is $43,000. This cost includes two (2) candidate seats. The appropriation of funds for this expenditure is included in the proposed FY 2024- 25 Budget (account 101010-49100).

Public Notification:

Upon approval of this item, staff will publish the Notice of Election on the City's website and in the following newspapers:
• San Diego Union Tribune
• El Latino
• Nguoi Viet Today
• The Filipino Press
• Epoch Times
Attachments:

A. Resolution Calling the Election
B. Resolution Requesting Consolidation Services from the County Board of Supervisors C. Resolution Adopting a Fee and Regulations for Candidate Statements Reviewed/ Approved By:

Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
3 of 9
June 18, 2024, Item #4

ATTACHMENT A
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS

OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES
WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of municipal officers.

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

SECTION 1: Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be in the City of Poway, California, on Tuesday, November 5, 2024, a Municipal Election for the purpose of electing one (1) Council member from District 2 and one (1) Councilmember from District 4 for the full term of four (4) years.

SECTION 2: The ballots to be used at the election shall be in form and content as required by law.

SECTION 3: The City Clerk is authorized, instructed and directed to coordinate with the County of San Diego Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4: The Voting Centers (polls) for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. on the same day when the Voting Centers (polls) shall be closed, pursuant to Elections Code section 10242, except as provided in section 14401 of the Elections Code of the State of California. Voting Centers (polls) as designed by the San Diego County Registrar of Voters will be open up to eleven (11) days prior to the election.

SECTION 5: In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6: Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 8: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid in full by the City upon presentation of a properly submitted bill and that this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable 4 of 9
June 18, 2024, Item #4
Resolution
No.
24-
Page
2 attorneys'
fees,
as
the
result
of
an
election
contest
arising
after
conduct
of
this
general
municipal
election,
so
long
as
the
basis
for
any
such
claim
arises
from
the
conduct
of
the
City
or
as
a
result
of
the
reasonable
reliance
by
the
County
upon
information
provided
by
the
City
.

PASSED,

APPROVED
AND

ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
18th
day
of
June
, 2024
by
the
following
vote,
to
wit:

AYES
:

NOES: ABSTAINED
:

ABSENT: DISQUALIFIED
:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC
, City
Clerk
5 of 9
June 18, 2024, Item #4

ATTACHMENT B
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF SAN DIEGO TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD THAT DATE
PURSUANT TO §10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Poway called a General Municipal Election to be held on November 5, 2024, for the purpose of election of one (1) Councilmember from District 2 and one (1) Councilmember from District 4; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date within the City, the Voting Centers (polls) and election officers of the two elections be the same, and the Registrar of Voters Office of the County of San Diego canvass the returns of the General Municipal Election and the election be held in all respects as if there were only one (1) election.

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

SECTION 1: Pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of one (1) Councilmember from District 2 and one (1) Councilmember from District 4, for a full term of four (4) years.

SECTION 2: The Registrar of Voters Office of the County of San Diego is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, pursuant to section 10418 of the election code.

SECTION 3: The Board of Supervisors is requested to issue instructions to the Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election.

SECTION 4: The City of Poway recognizes additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for those costs.

SECTION 5: The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters Office of the County of San Diego.

SECTION 6: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

II
II
6 of 9
June 18, 2024, Item #4
Resolution No. 24-

Page 2 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of June, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
7 of 9
June 18, 2024, Item #4

ATTACHMENT C
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO

CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.

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

SECTION 1: General Provisions.

That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Poway on November 5, 2024, may prepare a candidate's statement on an appropriate form provided by the City Clerk.

Such statement may include the name, age and current principal profession(s), vocations (s) or occupation(s) of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself.

Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until five o'clock (5:00) p.m. of the next working day after the close of the nomination period.

SECTION 2: Foreign Language Policy.

A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Diego Registrar of Voters Office. The County is required to translate candidate's statements into the following languages:

Spanish, Vietnamese, Filipino and Chinese.

B. The Registrar of Voters will print and mail sample ballots and candidate statements in Spanish, Vietnamese, Filipino and Chinese to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The Registrar of Voters will make the sample ballots and candidates statements in the required languages available at all polling places, on the County's website and in the Election Official's office.

SECTION 3: Payment.

Translations: The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in Section 2 pursuant to Federal and/or State Law.

Printing: The candidate shall be required to pay for the cost of printing the candidate's statement in English and the required languages, as specified 8 of 9
June 18, 2024, Item #4
Resolution No. 24-

Page 2 ends

in Section 2, in the sample ballot pamphlets and any language the candidate requests as an option by the candidate.

The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Federal Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency of his or her estimated pro rata share of $1,000 for the seat of Councilmember from District 2 and $1,000 for the seat of Councilmember from District 4, as a condition of having his or her statement included in the voter's pamphlet. The estimated amount is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk shall upon receipt from the Registrar of Voters (ROV) following the election, require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid upon receipt from the ROV following the election.

SECTION 4: Miscellaneous.

A. All translations included in the voters' pamphlet shall be provided by the San Diego County Registrar of Voters translation vendor.

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 5: Additional Materials.

A. No candidate will be permitted to include additional materials in the sample ballot package.

SECTION 6: The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7: All previous Resolutions establishing council policy on payment for candidate's statements are repealed.

SECTION 8: This Resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.

SECTION 9: The City Clerk shall certify to the passage an adoption of this Resolution and enter it into the book of original resolutions.

II
II
II
9 of 9
June 18, 2024, Item #4
Resolution
No
. 24-
Page
3 PASSED,

APPROVED
AND

ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
18th
day
of
June,
2024
by
the
following
vote,
to
wit:

AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED
:

Steve
Vaus
, Mayor
ATTEST
:

Carrie
Gallagher,
CMC,
City
Clerk
June 18, 2024, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 18, 2024
Honorable Mayor and M-~~~~the City Council
Jeff Chumbley, Fire Chie~ _ .

Jenna Stein, Sr. Management Analyst~
858-668-4474 or [email protected] (Y

CITY COUNCIL
Resolution authorizing the acceptance of the 2023 Urban Area Security Initiative Grant Program Funds
The Department of Homeland Security provides funds through the Urban Area Security Initiative (UASI) Grant Program to cities to build and sustain emergency response capabilities. The grant is administered regionally by the San Diego Office of Emergency Services. Funds for training are allocated to each jurisdiction based on population. Poway's allocation for the UASI Grant Fiscal Year 2023 is $26,257.

Recommended Action:

It is recommended the City Council adopt the attached resolution authorizing staff to accept funds through the Urban Area Security Initiative Grant Program Fiscal Year 2023.

Discussion:

The Department of Homeland Security provides funds through the UASI Grant Program to states and local agencies to provide training opportunities to Fire Department personnel. The funds help advance the program's goals and objectives.

The County of San Diego applies for, receives and administers federal grant funds associated with the program. The County's Unified Disaster Council, of which Poway is a member, is the governing body that determines the local grant distribution formula, which is based on each jurisdiction's population.

The City is committed to offer training for Fire Department personnel to maintain readiness, offer career development, and to prepare the workforce for future opportunities. This program reimbursable training that will expand the capabilities of our workforce. After individuals successfully complete the recommended training, cities are reimbursed through the UASI grant for costs including tuition, overtime and backfill.
1 of 4
June 18, 2024, Item #5
The County has allocated $26,257 to the City of Poway for tuition costs, staff overtime and backfill to cover the cost of staff attending training.

Environmental Review:

This item is not subject to review under the California Environmental Quality Act (CEQA). fiscal Impact:

Matching funds are not required for the UASI Grant Program and all grant related expenditures are reimbursable. Upon completion of the grant related activities, the General Fund will be reimbursed in the amount of $26,257 through the grant funding. Funds are budgeted for the upfront expenditures that the City will ultimately be reimbursed for. It is anticipated that all grant expenditures and reimbursements will be completed by December 15, 2026.

Public Notification:

None.

Attachments:

A. Resolution
Reviewed/Approved By:
~ 'hbcta L---
w~~dy1 serman
Assistant City Manager
2 of 4
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
June 18, 2024, Item #5
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF
FUNDS THROUGH THE 2023 URBAN AREA SECURITY

INITIATIVE GRANT PROGRAM
WHEREAS, the City of Poway is eligible to receive federal grant funds through the 2023 Urban Area Security Initiative Grant Program for emergency response training; WHEREAS, the approved grant allocation for the City of Poway is $26,257; WHEREAS, the federal grant funds for the Urban Area Security Initiative Grant Program require no City matching funds, all grant related expenditures are one-hundred percent reimbursable and the City shall incur no direct costs; and WHEREAS, it is the desire of the City of Poway to participate in this program to enhance emergency response training and education.

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

SECTION 1: The following staff are hereby authorized to execute for and on behalf of the City of Poway, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California.

Jeff Chumbley, Fire Chief
Jenna Stein, Sr. Management Analyst
II
II
II
II
II
II
II
II
II
II
II
3 of4 ATTACHMENT A
June 18, 2024, Item #5
Resolution No. 24-

Page 2 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of June, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4 of 4
June 18, 2024, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 18, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq·
Miguel Solano, Assistant Engineer
(858) 668-4653 or [email protected]~

CITY COUNCIL
Award of Contract to Horizon Mechanical Contractors of California, for the Pool Circulation Pump Replacement Project, Bid No. 24-005, and Determination the Project is Categorically Exempt from the California Environmental Quality Act This action will award a construction contract to Horizon Mechanical Contractors of California for the Pool Circulation Pump Replacement project. This project involves the furnishing and installation of a new circulation pump and motor for the Poway Community Swim Center.

Recommended Action:

It is recommended the City Council:
1) Award the construction contract to Horizon Mechanical Contractors of California, in the amount of $108,800.00 and authorize the City Manager to execute the contract (Attachment A); and 2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

The Pool Circulation Pump Replacement project involves furnishing and installing a new circulation pump and motor for the Poway Community Swim Center. The existing pool circulation pump and motor have exceeded their expected lifespan and require replacement and were not included as part of the Swim Center Renovation project completed in FY 2018-19.

Bids were opened on May 16, 2024. A total of two bids were received for the construction contract, ranging as follows:

Company Total Bid Amount
Horizon Mechanical Contractors of California $108,800.00 California Waters Development Inc. $115,982.00
The low bid of $108,800.00, submitted by Horizon Mechanical Contractors of California, is an 1 of 11
June 18, 2024, Item #6
acceptable
bid
that
is
responsive
to
and
meets
the
requirements
of
the
bid
specifications.

The
contract
time
for
this
project
is
15 working
days
with
an
engineer's
estimate
of
$121,000.00
. Construction
will
take
place
in
the month
of
December
when
the
Swim
Center
is
closed.

Environmental
Review:

The
proposed
project
is
Categorically
Exempt
from
CEQA
as
a Class
1 Categorical
Exemption
, pursuant
to
Section
15301
(C)
of
the
CEQA
Guidelines,
in
that
the
project
involves
minor
alterations
consisting
of
replacement
of
existing
equipment.

Fiscal
Impact:

There
is
sufficient
funding
available
in
the
Pool
Circulation
Pump
Replacement
project
account
(MN046)
to
award
the
construction
contract.

Public
Notification:

None
.

Attachments: A.

Construction
Contract
Reviewed/Approved
By:

Assistant
City
Manager
2 of
11 Reviewed
By:

Alan
Fenstermacher
City
Attorney
City
Manager
June 18, 2024, Item #6

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY
POOL

CIRCULATION
PUMP

REPLACEMENT
This
Contract
made
and
entered
into
this
19th
day
of
June
2024,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
Horizon
Mechanical
Contractors
of
California
hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor,
for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.

The
complete
Contract
includes
all
of
the
Contract
Documents,
which
are

2. 3.
3 of
11 incorporated
herein
by
this
reference,
and
include:
a.

This
Contract
b.

Contract
Addenda
c.

Contract
Change Orders
d.

Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.

Contract
Specifications
f.

Contract
Plans
g.

General
Condition
h.

Special
Conditions
i.

Standard
Specification
for
Public
Works,
most
current
edition
The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if required
by
all.

Contractor
shall
provide
and
furnish
all
labor,
materials
,
necessary
tools,
expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:

Removal
of
the
existing
pool
circulation
pump
and
motor
and
delivery
to
the
Public
Works
warehouse
facility
located
at
14445
Lake
Poway
Rd
. Furnish
and
install
new
pool
circulation
pump
and
motor
or
approved
equivalent.

New
pool
circulation
pump
and
motor
shall
be
compatible
with
the
existing
SPCS
(Smart
Pump
Control
System).

Modification
of
the
existing
sealed
roof
hatch
to
allow
for
removal
and
installation
of
pool
circulation
pump
and
motor
and
install
temporary
covering
(City
will
be
responsible
for
permanent
re-roofing).

Protection
of
all
existing
work,
buildings,
piping,
equipment,
utilities,
etc
. adjacent
to
the
Work.

Coordination
with
Owner
for
turn-ans
and
shut-offs,
connection
to
existing
valves
and
pipe
system,
leakage
testing,
and
for
doing
all
work
involved
to
accomplish
the
Work,
complete
in
place
and
fully
operational,
as
directed
and
approved
by
the
Engineer.

Contractor must
install
the
pool
pump
and
motor
1 ATTACHMENT
A
June 18, 2024, Item #6
between
the
following
construction
window
when
the
pool
is
closed
to
the
public
and
is
not
in
operation:

December
16,
2024,
to
January
12,
2025.

4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
their own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the City
Engineer,
the
work
hereinafter
set
forth
in
accordance
with
the
Contract
adopted
by
the
City
Council.

5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$108,800.00
the
"Contract
Price."

6. 7. 8. 9.
4 of
11 City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.

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

It
is,
therefore,
agreed
that
Contractor
will
pay
as
liquidated
damages
to
the
City
the
following
sum
of
$500.00
per
Calendar
Day,
for
each
and
every
Calendar
Days
delay
in
finishing
the
Work
in
excess
of
the
number
of
Working
Days
prescribed
above.

If
liquidated
damages
are
not
paid,
as
assessed
by
the City,
the
City
may
deduct
the
amount
thereof
from
any
money
due
or
that
may
become
due
the
Contractor
under
this
Contract
in
addition
to
any
other
remedy
available
to
City.

By
executing
this
Contract,
Contractor
agrees
that
the
amount
of
liquidated
damages
is
reasonable
and
shall
not
constitute
a
penalty.

Contractor
shall
notify
the City
in
writing
immediately,
and
in
no
case
more
than
twenty-four
(24)
hours,
after
receiving
any
information
that
Contractor's
or
any
of
its
Subcontractor's
DIR
registration
status
has
been
suspended,
revoked,
expired,
or
otherwise
changed.

Contractor
will
pay,
and
will
require
all
subcontractors
to
pay,
all
employees
on
said
Contract
a salary
or
wage
at
least
equal
to
the
prevailing
salary
or
wage
established
for
such
work
as
set
forth
in
the
wage
determinations
and
wage
standards
applicable
to
this
work,
a
copy
of
which
is
on
file
in
the
office
of
the
City
Clerk
of
the
City
of
Poway.

Federal
prevailing
wage
rates
apply
for
federally
funded
projects
.

Travel
and
subsistence
pay
shall
be
paid
in
accordance
with
Labor
Code§
1773.1.
2 June 18, 2024, Item #6

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

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

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.

12. Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777.5 pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.
13 .

Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph
."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.

14. 15.
5 of
11 Contractor
shall,
concurrent
with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.
a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.

Contractor
shall
provide
insurance
on
an
occurrence,
not
claims-made
basis.

Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
3 June 18, 2024, Item #6
6 of 11
bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
4 June 18, 2024, Item #6
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.

16. a. Contractor shall provide certificates of insurance with original endorsements

17. 7 of 11
to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.
a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. 5 June 18, 2024, Item #6

18. 19.

20. 21.

22. 23.

24. 25.
8 of 11
b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.

Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.

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

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

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

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

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

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

After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.
6 June 18, 2024, Item #6

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

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

Such final inspection shall be made within a reasonable time after completion of the work.

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

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

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

30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 11
soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or 7 June 18, 2024, Item #6
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.

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

31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.
32 .

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

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

City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided
, however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor
, and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
10 of
11 8
June 18, 2024, Item #6
IN

WITNESS

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

Contractor's
Name:

Horizon
Mechanical
Contractors
of
California
Print
Name
of
Construction
Company
By:
-------------
Signature
John
Gordon
Print
Name
Contractor
information:

Address
for
Notices
and
Payments
34234
Mountain
Place,
Acton
CA 93510
Telephone
Number:
661-510-2981
Email:
[email protected]
ATTEST: Carrie
Gallagher,
CMG,
City
Clerk

APPROVED
AS
TO
FORM:

RUTAN
&

TUCKER,
LLP
Alan
Fenstermacher,
City
Attorney
11 of
11 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
9 June 18, 2024, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT Cityof.Poway
June 18, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servicq
Miguel Solano, Assistant Engineer
(858) 668-4653 or [email protected] fl\jt

CITY COUNCIL
Rejection of Received Bid for the Fiscal Year 2023-24 Water Valve Replacement Project, Bid No. 24-008, and Direction to Staff to Re-Scope and Re-Advertise the Project A Notice Inviting Bids was duly advertised on May 2, 2024, for the Fiscal Year {FY) 2023-24 Water Valve Replacement project. One bid was received and opened on May 16, 2024, and it exceeded the project budget. Per Municipal Code Section 3.28.070{E), at its sole discretion, the City Council may reject all bids presented and re-advertise for bids in accordance with California Public Contract Code Section 20166.

Recommended Action:

It is recommended the City Council reject the received bid and authorize staff to proceed with the re scoping and re-advertisement of the project.

Discussion:

This annual program replaces non-functioning water distribution valves identified by staff during routine field maintenance and inspection. For FY 2023-24 ten valves, located in various parts of the distribution system, have been identified by the Public Works Utilities Division to have aged beyond the end of their reliable service life.

On May 16, 2024, the City received a single bid for $544,774.00 from Kay Construction Company, Inc.

The engineer's estimate for the advertised project is $181,000.00, which was based on historical cost for similar projects. The single bid received is $363,774.00, or 200 percent, over the engineer's estimate. Since the City reserves the right to reject the bid, and there is a significant difference between the engineer's estimate for the low bid that was received, staff recommends City Council reject all bids. The project scope will be adjusted, and the work will be rebid in July.

Staff reached out to the list of potential bidders and learned the multiple water valve locations coupled with the limited construction window played a significant role in the receipt of only one bid. The new 1 of2
June 18, 2024, Item #7
scope will reduce the number of water valve locations in order to reduce the number of times the contractor will need to re-mobilize and will extend the construction window providing additional time for the work to be completed.

Environmental Review:

This action is not a "project" as defined under Section 15378(b)(S) of the California Environmental Quality Act (CEQA) State Guidelines; therefore, no environmental review is required.

Fiscal Impact:

None.

Public Notification:

None.

Attachments:

None.

Reviewed/Approved By:
(
,;;.j Jt~,l,~1 L.--~·-··-·-·····-·-;,
Wendy Ka)erman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
June 18, 2024, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
June 18, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servic£f·
Sara Trunzo, Senior Civil Engineer ~l
858-668-4622 or [email protected]

CITY COUNCIL
Approval of Consultant Agreements with D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc. for As-Needed Storm Water Engineering Services The City's current consultant agreements for storm water engineering services expire on June 30, 2024, and new agreements are needed. After a competitive process to obtain these services, City staff selected D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc. to provide as-needed storm water engineering services to the City of Poway. Each agreement will be effective from July 1, 2024 through June 30, 2027, and each contains a provision to mutually extend the agreement with two one year extensions.

Recommended Action:

It is recommended the City Council:
1) Approve a Standard Agreement for Consultant Services with D-Max Engineering, Inc. (Attachment A);
2) Approve a Standard Agreement for Consultant Services with Mikhail Ogawa Engineering Inc. (Attachment B); and
3) Authorize the City Manager to execute the agreements.

Discussion:

The City is responsible for maintaining compliance with the Regional Water Quality Control Board's storm water permit and associated regulations. The Development Services Department administers the City's Storm Water Program. The identified consultants will provide as-needed storm water engineering services including the following:
• Implement current and future Water Quality Improvement Program (WQIP) procedures as well as assist in the development of new procedures associated with future Water Quality Improvement Plans (WQIPs) and permits.
• Assist staff with developing procedures to implement the Regional Water Quality Control Board 1 of 37
June 18, 2024, Item #8
program.
• Assist staff with various technical reports, including the annual Jurisdictional Runoff Management Program URMP) report.
• Perform the annual industrial/commercial storm water inspections and inventory update. • Perform the water quality monitoring for the City's storm water basins. • Perform the Dry Weather Program site monitoring, including analytical and field screening.

A Request for Proposals (RFP) for as-needed storm water engineering services was posted on e-bid board. Two firms submitted proposals: D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc.

These firms' proposals demonstrate the ability to meet the City's current and future needs based on established criteria as found in the RFP including a confirmation of understanding the services requested, qualification of the specific individuals who will work on the project, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates and references. Both firms selected have extensive experience working with public sector clients and have worked with the City on various storm water projects. Both firms were selected as the City's as-needed storm water consultants in previous years.

Both firms will use subconsultants at varying levels for certain tasks. The consultant agreements include a provision that the City pre-approve the use of subconsultants, and proposals for specific contracts include a list of consultants and subconsultant hours to be included.

Environmental Review:

The approval of Consultant Agreements for As-Needed Storm Water Engineering Services is not a "Project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Guidelines; therefore, no environmental review is required.

Fiscal Impact:

Sufficient funds are included in the FY 2024-2025 proposed budget, Stormwater Management Division (account 308040-41200), scheduled for the City Council's consideration on June 18, 2024, for the award of this contract.

Public Notification:

None.

Attachments:

A. Standard Agreement for Consultant Services with D-Max Engineering, Inc.

B. Standard Agreement for Consultant Services with Mikhail Ogawa Engineering, Inc.

Reviewed/Approved By:

Assistant City Manager
2 of 37
Reviewed By:

Alan Fenstermacher
City Attorney
Chrisrl~
City Manager
June 18, 2024, Item #8
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and D-MAX ENGINEERING, INC., (hereinafter referred to as "Consultant").

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

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

1. Scope of Services.

Consultant shall provide services as described in 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.

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

Such termination shall be effective upon delivery of said notice. 3 of 37 1

ATTACHMENT A
June 18, 2024, Item #8

5. Confidential Relationship.

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

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

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

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

8. Ownership of Documents.

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

9. Conflict of Interest and Political Reform Act Obligations.

Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of37 2
June 18, 2024, Item #8
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

DISCLOSURE DETERMINATION:
1:8:] 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.

Julie Procopio, 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 5 of 37 3
June 18, 2024, Item #8
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.

13. Licenses, Permits, Etc.

Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.

14. Consultant's Insurance.

Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Con?ultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 37 4
June 18, 2024, Item #8
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.

17. Consultant Not an Agent.

Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right tq review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of37 5
June 18, 2024, Item #8
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

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.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 37 6
June 18, 2024, Item #8
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of 37 7
June 18, 2024, Item #8
IN

WITNESS

WHEREOF,
the parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written
.

CITY
OF
POWAY
D-MAX

ENGINEERING,
INC.

By:------------
By:------------
Chris
Hazeltine,
City
Manager
John
Quenzer,
Vice
President
Date:

Date:
------------
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

By:-------------
Alan
Fenstermacher,
City
Attorney
10 of
37 8
June 18, 2024, Item #8
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
A.

Scope
of
Services.

Consultant
agrees
to
perform
as-needed,
on-call
storm
water
engineering
services
as
required
by
the
City,
which
shall
include
but
not
be
limited
to,
the
following:
•
Water
Quality
Improvement
Program
(WQIP)
procedures.
•
Implement
future
WQIP
requirements.
•
Assist
in
the
development
of
new
procedures
associated
with
future
WQIP's
and
permits.
•
Assist
with
compliance
with
storm
water
submittal
requirements.
•
Annual
industrial/commercial
facilities
storm
water
inspections
and
inventory
update.
•
Annual
update
of
the
Jurisdictional
Runoff
Management
Program
(JRMP).
•
Water
quality
monitoring
of
the
City's
storm
water
basins
-chemical
and
biological
analysis
.
•
Dry
Weather
Monitoring
-analytical
and
field
screening
.
•
Update SWPPP
for
Material
Handling
Yard
-inspection
and
evaluation.
•
Other
as-needed
storm
water
engineering
services.

The
use
of
subconsultants
will
be
disclosed,
and
include
a
breakdown
of
hours
and
rates
in
all
contract
proposals.

Use
of
subconsultants
shall
be
pre-approved
by
the
City
.

Consultant
shall provide
the
necessary
qualified
personnel
to
perform
the
services
.

Compensation
and
Reimbursement.

City
shall
pay
Consultant
a
fee
in
accordance
with
the
Fee
Schedule
submitted
with
the
proposals,
which
are
included
in
this
document
as
Attachment

1. Consultant
may
revise
its
fee
schedule
annually,
subject
to
approval
by
the
City.

Consultant's
fee
shall
include
and
Consultant
shall
be
responsible
for
the
payment
of
all
federal,
state,
and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received.

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.

Upon
expiration
or
termination
of
this
Agreement,
Consultant
shall
return
to
City
any
and
all
equipment,
11 of
37 1
June 18, 2024, Item #8
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.

E. Notices.
12 of 37 2
June 18, 2024, Item #8
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Consultant:
13 of 37 3
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
D-Max Engineering, Inc.
5440 Morehouse Drive, Suite 4500
San Diego, CA 92121
June 18, 2024, Item #8
Attachment
1 ----
----
--
-----
.... -
_..,..
___
..,
~-
-
--
C1.nt.

IV.

Hourly
Fee
Sched
ule
&
Un
it Rates
for
Laboratory
Tests
D-MAX
and
Weston
will
furnish
all
equipment,
labor
and
materials
necessary
to
provide
the
as
needed
stormwa
ter
and
engineering
services.

Hourly
Fee
Schedule
D-MA
XLabor
• Word
Processor/Admin
82 :
--
--
---
---
--
----
-
-----
Dr
~~~r
_
_ ___
_
_
__ _I_
105
.

Technician
i
89 ,
---------
-
------1
---
-----·
--
1 · Senior
Technician
I
104
,
114
:
-----------
-
-----
Staff
Scientist
I
Staff
Scientist
II
128
·-
----
-----
-
--
-
·-·-
--
-
--
---'
-
--------
-
-
; -~ss
ist_§int
frojec
~ 8_cie
!]!!_
s_t _
__J
_________
~4~
i
Project
Scientist
I
166
'
-
-
1 -
•
-
-
Senior
Scientist
I
188
-
·-
-
-
-
-
-
-----
f--
-
--
--
--
---
Principal
_§>c
~enti
~t ____
_j __
_ _
_
___
--
~~
,
• Staff
Engineer
I_
--·
____
--,-
128
_S~
ff
Enginee
~ II_________
_
__
139
1 160
I
Assistant
Proje
~t Engineer
Project
Engineer
_____
-
-_-_-
--<~
-
-
180
I
Senior
Engineer
_______
j____
204
i
·_ Pr
!ncipa
J Enginee
~
___
__ __
__
__
-·--230
1 Appearance
as
expert
witnesses
at
court
trials
, mediation,
arbitration
hearings
and
depositions
will
be
charged
at
$300/hour.

Time
spent
preparing
for
such
appearances
will
be
charged
at
the
above
standard
hourly
ra
tes
.

Labor
rates
will
be
increased
annually
by
3%
or
the
San
Diego
consumer
price
index
(CPI)
,
whichever
is
less
.

Other
Charges
Subcontracted
services
, such
as
sub
consultants,
outside
testing
, drilling,
and
surveyors
, will
be
cha
rged
at
cost
plus
5%
.

Other
project-specific
costs
, such
as
rentals
, expendable
or
special
supp
lies
, special
project
insurance
, perm
its
and
licenses
, shipping
, subsistence
, tolls
and
park
ing,
outside
copying/printing
, etc.
, will
be
charged
at
cost
plus
5%
.

Meals
,
lodging,
and
travel
expenses,
when
pre-approved
by
the
City
, will
be
charged
at
cost
or
at
standard
per
diem
rates
,
as
applicable
.

Client
will
be
respons
ible
for
any
applicable
taxes
in
addition
to
the
fees
due
for
services
.
1~i&f'Qifoway
Proposal
for
As
-Needed
Storm
Water
Engineering
Services
Page
21 June 18, 2024, Item #8
I
I
Labor (Weston)
Classification/Task I Hourly Rate($)
f Assistant Labora.!.Q.!y Technician N~~ /
Technician, Field/Laboratory _
! Technician, Senior 95 I
: W/P & Gra hies 95 ,
, Pro ·ect Controls , 100 I
[ Environmental Analyst I 1 05 ]
1 Scientist 1 _ 120 I
I GIS Analyst_ __ ___ _ 130 !
! Scientist 2 ·-t-----135 I
I ---,
: En ineer, Junior 140 ,
/Scientist 3 150 :
i GIS S ecialist 160 '
, Senior Scientist 165
I Task Leader 180 1
j En ineer 180 ,
: Project Manager 195 :

I Engineer, Senior 215 I
:sr-:-Project Manager ------------------220 1
• Project Principal l ___ 250 I
--
_..., ___
--------
-....,.,__AV
...... _. -... ra.ra.

Labor rates will be increased annually by 3% or the San Diego consumer price index (CPI), whichever is less.

Laboratory Analytical 'Services
Laboratory unit costs in the table below are valid from 7/1/2024 through 12/31/2024. The costs in the table include O-MAX's 5% markup. An updated price sheet will be provided in subsequent years based on updated pricing received from the laboratories. We negotiate the prices with the laboratories every year and typically obtain discounted prices relative to typical rates given the large volume of sampling we collectively do across all our projects. . . . . .

Matrix
I
! Parameters
1 •
1 Method # .-, 1,.. ~nit Pric~
1 Aluminum (Dissolved $11.03
: Aluminum (Total ' $11.03
1 Water ; Ammonia as N I 1 $36.75
I ' I Water : Antimon Dissolved EPA 200.8 , 1 . $11. 03 I Water l Antimony (Total)________ . EPA200.8 --l-1 -,-$11.03--- ! Water i Arsenic Dissolved ___ .J ______ EPA 200.8 ____ J__1 _J ~:1 :!:Q~_ . : Water I Arsenic Total _ EPA 200.8 _j____J __ L ___ $.:!__1.03 ______ · L_Water _ i Barium (Dissolved) EPA 200.8 ___ i __ 1 _j__ $11.03 I Water I Barium (Total) EPA 200.8 • 1 1 $11.03
--Water ----l Biochemical Oxygen Demand --srif5-21-oii _______ ! --1 i $84.00 --- i Wate_r ____ I BTEX, fi{l_TBE & Oxygenates EPA 8260B ~--i--1-; __ $178.50 ! Cadmium Dissolved EPA 200.8 I 1 • $11.03 , Water
'Water ! Cadmium Total EPA_200.8 1 i __ $11.03 :

I Chloride SM45QO Cl c __ 1 ___ : ____ j~_?_.Q_t _ _ _
, Chrom_ium (Ql~solved ______________ , ___ EPA 200.8_____ 1 ____ $1_1.03 'Water
1 Water -----~--
City of Poway Proposal for As-Needed Storm Water Engineering Services 15 of 37

Page 22 ends

June 18, 2024, Item #8
--_
.........
.....
----
-----
-.-.
.. -.. .,.
,_.....
-
...
c-.La.

Water
• Chromium
(Total)
EPA
200
.8 1
$11
.03
, Water
--·-
Colif
ormEx
tra
Dilution
Method
1 $12.65
vyater
__
:~--
~-Coliforrl}
, Total
&
E.

Coli
Colilert-18
1 $
3:f3j--:

Water
Color
_____
SM2120
B 1
$44
.10
.
_j1
Water
: Copper
(Dissolved
EPA
200
.8 1
$11
.03
Water
_____
__ ! Copper
Total)
__
_
EPA200
.8 1
,
$11
.03
!
Water
DDT
___
_ ____
EPA625
.1
I
f-·-
$236.25
--
-j
W
ater
-·
•.
-Dissolve
d ··Che
mical
Ox
tg~n Q~!!1
9~<:l
-·-·
.... L
EPA
410
:4-·7--
• 1
:
$63
.00
!
Water
Dissolved
Organic
Carbon
I
SM5310
B
~---1
-·
i
$68.25
·--
-
1 Water
I
Dissolved
Oxygen
----
7-
-SM4500-O
G
1 -
1 -
-
$31.50
-
j JV
ater
f
oi~~
lve
_d
J)hosp
__ h~te_a~
EPA
365
.1
1_
_
_ $36
.75
Water
'DissolvedphosphateasP
•
EPA200
.7 1
_$11
.03
__
_
Water
I Enterococc
us
-
·---
;
•••
-Enter
olert
1 $23
. 78
Water
j
E~~!:9
_COC
CLI
S
-E~ra-_Qiluti
~
_-_-
---
__
-r --...

N/A
-
•
·I
__
1 _
:.
_ H
'LQ.1_
__
Water
Ethylene
Glycol
'
EPA
80158
, _
1 _
:_
_
$136
.50
.

Water
1• Har
dness,
Total
b
Calcula
tion
r--
EP
A
200
. 7
--;
1 •
$42.00
-Wat9f--·-·-
• He'xavalent
Chromium
EPA
218
.6
-;
1 --,--
~
j]o
-
·wate
r·
Hexavalent
Chromium
(Diss)
EPA
218
.6 1
$63.00
• Water
'. fron_(
Dissolve
~
____
__
-
---,-
____
EPA
200.8
_
-,-
_1· --·
$11
.03
'.Water
Iron
Total)
_____
_
__
_
EPA200
.8 ____
1 ·-
$1
~.03
_
~ Wa
_~~
__
Jy'la
~gane~
s,J
Dissolved)
_
_
__
..... _
-~E
A
~00.8
___
1 ______
$11
.03
__
.
1 W
9ter
• Manganese
_(I.c;:it§!)_
i
EPA
200
.8
•
1 $11.03
•
, Water
• MBAS
•
_
l, __
SM5540
C
.. 1_
·--
_ ~63
. 00
__
I_
Water
____
Mercury(Dissolved)
_
.

EPA
245.1
1 $36.
_75 _
_
Water
____
Me
rcuryJ
Total)
------
__
, ____
EPA
245
.1 1
-$3

6. 75
Water
' Metals
Digestion
Fee
-Liquids
NIA
i
1 i
$31
.50
; Water
•
Metals
Filtration
Fee
N/A
I
1 '
$16
.80
.

Water
I
Nickel
Dissolved)
1 EPA200
.8
I
1 $11
.03
-----;
. Water
I Nickel(Total)
_
_
I
EPA200
.8
i
1 '
$11
.03
Water
f Nitrat
e
a-sN
__
_
1 EPA
353
.2
•
1 '
$22.05
Water
Nitrate-Nitr
itea
s N-
--
-
-
::-_
-
--~
-
_EP
t
35 3.2
I
1 i
12 2~0~--
!
Water
Nitrite
as
N
EPA
353
.2
_
,
_ 1
_
._
$22.05
'{Y_?
t~r
_
: 011
&
Greas
_e __
·--
-
--
-
--
••
--·-j
EPA
1664A
___
j_
1 _; ____
$63
.00
i
Water
I
Organoc
hlor
ineP
esticides/PCBs
-
EPA
625
.1
I
1 $246
.75
Water
---i-
Or
ganophosphorus
Pesticides
EPA
625
.1
T
-1-
·
1 $236
.25
W
ater
. Orthophosphate
as
P__
_
i
EPA
365
.1
'
1 $36
. 75
-Water
_ -
-I-
Po
l]' aromatic
.!ii'.
drocarbons
_
. -
---
---
1 --···
EPA
625.1
1 $246
. 75
!
Water
• Polychlorinated
Biphenyls
!
EPA
625
.1
•
1 • $246
.75
l
.'{V
ater
; Potassium
('"@
tal)
____
_
__
_
___
EPA
200
.7
,
1 •
$12
.60
Water
Res
idual
Ch
lorine
SM4500
Cl
G
.
_
1 --·
_
_ $36.
75 :

Water
• Seleniu
~
(Dissolved)
__
______
EPA
200.8
1 1
!
$11
.03
Water
Selenium
(Total)
_
_·.
;
EPA
200.8
f
. 1
$11.03
W
?~.I.
__ ••.
~e~iv
Q_la~.1~_.Qi
g_~~
-Comp
.9
u~ds_
__
i
EPA
_62
~
__
j
_J
'
$262
_.5_0 __
Water
Silver
Dissolved)
EPA
200
.8 1
-l •
$11
_._03 __
, W
ater
--
·
Sil
ver
Total)
-----------
-----
EPA
200
.8
,
1 ,---
··$1

1.03 Water
I Sodium
(Total)
___
_
EPA
200
.i
..
!
1 !
$11
.03
-
Water
•• Specif
ic Cond
uctance
(EC
~--
SM2
~s
·--
---
1-
--1--
-$
26 .25
---·
.

Water
l STLC
Extra
ction
-
__ --
-
-
--
-
i
CA
T~
le_2?-:.§
TLC
!
1 _i-·
$68.25
--
--
Water
I
STLC
Metals-Package
varies
I
1 i
$210
.00
Water
Sulfa
te
•
-
••
Sfv1_4~Q9S0
1 E
l
1-
•
J22
.6[
_-=-
~-
City
of
Poway
Proposal
for
As-Needed
Storm
Water
Engineering
Services
16 of
37 Page
23 June 18, 2024, Item #8
I
.. ,
-
'
Matrix
,,
I Parameters
Method
--_,_.._
....
----------
.......
-.. .,.
.._....
.
-...
ra..-.
. Unit
Price
I Sus
ended
Sediment
Concentration
1 $68.25
Water
I S
nthetic
P
rethroids
1 $267.75
Water
'TCLPExtraction
EPA1311
1 1
I
$68.25
Water
. TCLP
Metals
(17)
-Package
varies
I
1 '
$210
.00
i Water
, Thallium
(Dissolved)
EPA
200.8
-1-
~-
$11.03
Water
!Thallium(Total)
EPA200
.8 1
$11
.03
1 Water
___
'. Total
Alkalin
lty
SM23208
___
__!___
$36.75
Total
Dissolve.
_d_S_o-li-ds----------+--·-
s-M_2_5_4_0_C_
1 $31.50
j Water . Water
Total
Kieldahl
Nitrogen
as
N
EPA
351
.2 1
$73
.50
I Water
Total
Nitrogen
as
N
varies
1 $115.50
j Water Water
I._T_ otal
Org
_a_ nic
Carbon
SM5310B
1-~-
$57.75
I Total
Phenols
EPA
420.1
l-
--·1
-;_
-$73
.50
! Water
I_ Total
phosphate
as
P
EPA
365.1
1 $52.
-50
-
_,
-
-
-
-
~
1 Water Water Water
1 Total
phosphate
as
P
~-
_
-19~
.z_
_
_ _
1 $11
. 03
I Total
Sulfide
;
SM4500
S D
1 $31
.50
1 Total
Sus
ended
Solids
____
,___
SM2540
D 1
~-
$_3_1_.5_0 ___
_
1 Water
Gasoline
Range
Organics
___
__
1 _EPA
_82~8
_
_
1 _ $-~~Jg
_
Water
Diesel
Range
Organics
___
.
___
E_P_A_8_0158
1 _ ~
~I-QQ
__
I Water
, Turbidi
SM2130
B 1
$21
.00
I Water
i.V_o_l_a-til-e~O-r-ga_n_i_c_C_o_m_p_o_u_nd_s___
EPA624
.1
-
r
1 $1-47
.00
__
_
I---------~
·---~---
EPA200
.8 1
$11.03
____
_
~
ater
____
J.Zinc
(Dissolved)
___
___
_
_ ____
_
I Water
I Zin
_c (Total)
____
EPA
200.8
___
J
_
___
~11.03
_
WSP
Molecular
Laboratory
Laboratory
Test
Fees-
Microbial
Source
Tracking
Markers,
Fecal
Indicators,
and
Others
1 '
.

Service
Description
• Pricing
Sampling
Kit
Filtrat
ion
Archival MST2
Markers
(e.g.

HF183)
by
ddPCR
Kit
for
collection
of
HF183
samples,
including
sample
containers,
cooler,
acid
waste
container,
400ml
certified
blank
water
per
10 bottles,
collection
and
handling
SOP_,
COC,
labels
.
500ml
prepared
single
use
bottles
provided
by
WSP
.

Includes
3 PC
filter
replicates.

Target
volume
100ml

1. Each
additional
PC
filter
replicate,
100ml

1. Each
additional
HA
filter
replicate
with
pH
adjustmenUMgCl2
preservative
, 250ml

1. Complimentary
archival
for
30 days
after
sample
collection
.

Includes
formal
Laboratory
Report
with
QA/QC
data
Filtration
conducted
by
summary,
CEDEN-formatted
WSP
.

EDD
. Includes
inhibition/recovery
testing
and
re-analysis,
if
required
. Assumes
from
frozen
Frozen
filter
received
by
filter
. Assumes
TAT
10 business
WSP
.
days
.
1 Maximum
volume
will
be
that
which
is
able
to
be
filtered
in
15 minutes
.
2 MST=
Microbial
Source
Tracking
for
identification
of
sources
of
fecal
contamination.

City
of
Poway
Proposal
for
As-Needed
Storm
Water
Engineering
Services
17 of
37 Kit
for
1 O
samples
:
$170
Kit
for
20 samples:
$325
$250
per
sample
$35
per
sample
$70
per
sample
$5/sample
per
month
'
beyond
30 days
First
assay
: $250
per
sample
1 Each
additional
assay
:
$150
per
sample
First
assay
: $300
per
sample
1 Each
additional
assay:
$150
per
sample
Page
24 June 18, 2024, 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
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
leinstates
from
retirement.
(e)
18 of
37 (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
June 18, 2024, Item #8
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
19 of 37
(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 June 18, 2024, Item #8
Cal Gov Code § 7522.56
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date 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 (I) 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 I, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January I, 2015.

Annotations
Notes
Amendments:

Note--
Amendments:
2013 Amendment:

Substituted (I) "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).
20 of 37 3
June 18, 2024, Item #8
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and MIKHAIL OGAWA ENGINEERING, INC. (hereinafter referred to as "Consultant").

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

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

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. 21 of 37 1

ATTACHMENT B
June 18, 2024, Item #8

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. 22 of 37 2
June 18, 2024, Item #8
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

DISCLOSURE DETERMINATION:
~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

Julie Procopio, 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 23 of 37 3
June 18, 2024, Item #8
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

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.
24 of 37 4
June 18, 2024, Item #8
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

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. 25 of 37 5
June 18, 2024, Item #8
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

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. 26 of 37 6
June 18, 2024, 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)
27 of 37 7
June 18, 2024, 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
28 of 37 8
MIKHAIL OGAWA ENGINEERING, INC.

By:-------------
Mikhail Ogawa, P.E., Principal Engineer
Date: ------------
June 18, 2024, Item #8
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Consultant agrees to perform as-needed, on-call storm water engineering services as required by the City, which shall include but not be limited to, the following:
• Water Quality Improvement Program (WQIP) procedures.
• Implement future WQIP requirements.
• Assist in the development of new procedures associated with future WQIP's and permits.
• Assist with compliance with storm water submittal requirements. • Annual industrial/commercial facilities storm water inspections and inventory update. • Annual update of the Jurisdictional Runoff Management Program (JRMP). • Water quality monitoring of the City's storm water basins -chemical and biological analysis.
• Dry Weather Monitoring -analytical and field screening. • Update SWPPP for Material Handling Yard -inspection and evaluation. • Other as-needed storm water engineering services.

The use of subconsultants will be disclosed, and include a breakdown of hours and rates in all contract proposals. Use of subconsultants shall be pre-approved by the City.

Consultant shall provide the necessary qualified personnel to perform the services.

B. Compensation and Reimbursement.

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

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 July 1, 2024, and ending June 30, 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 or termination of this Agreement, Consultant shall return to City any and all equipment, 29 of 37 1
June 18, 2024, Item #8
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:

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:

E. Notices.
30 of 37 2
June 18, 2024, Item #8
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Consultant:
31 of 37 3
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Mikhail Ogawa Engineering, Inc.
2195 San Dieguito Drive, Suite 1
Del Mar, CA 92014
June 18, 2024, Item #8
Attachment
1 City
of
Poway-
As
-Needed
Storm
Water
Engineering
Services
May
23,
2024
6 BILLING
RATES
&

COMPENSATIO
N

PROCESS
MOE
operates
on
a Time
&
Materials
basis
. We
will
prepare
monthly
invoices
that
include
detailed
notes
of
services
provided
by
each
person
providing
services
to
the
City
.

Our
FY
2025
rates
are
included
below.

These
rates
include
vehicular
use
and
mileage.

Principal
Engineer
Senior
Scientist
Assistant
Scientist
Mikhail
Ogawa
............................
$195
.00
-Nehemiah
Martinez
.....................
$180
.00
Shane
Daly
...............................
.. $160
.00
Associate
Engineer
Genel
Davis
..............
..................

S170
.00
Jeff
Warner
...................
.............
.. $180
.00
Associate
Scientist
Dust
in Tran
....
........................
..... $160.00
Ellie
Deer
.............
....
......
........
.....
$160.00
Zach
Ro
wlands
.....
..............
.........
$170
.00
Shiva
Chemburkar
......................
5160
.00
Sara
Afshar
.........
...........
......
....... $170
.00
Administrative
Professional
Jason
DuMond
.........
...................
$170
.00
Dor
i Jacobs
..........
...............
........
$90.00

REIMBURSABLE
COSTS
Subcontractors
:

Lab
Costs
-see
rate
sheet
:

Other
Direct
Costs
:

Actual
expense
plus
10%
Actual
expense
plus
10%
Actual
expense
plus
10%
7 MOE

EXPECTATIONS
OF
THE
CIT
Y
To
effectively
perform
the
services
identified
in
the
RFP
, MOE
expects
the
following
from
the
City
of
Poway
throughout
the
term
of
the
project:
•
••
Access
to
Information
and
Documentation
: Timely
access
to
relevant
documents,
data
, and
reports
related
to the
City's
stormwater
management
programs.

Point
of
Contact:

A
dedicated
City
representative
with
decisi_on-ma
king
authority
for
efficient
communication
and
approvals
.

Support
in
Engagement:

Assistance
in
engaging
with
residents
and
businesses
during
inspections,
including
providing
official
letters
or
other
means
of
identification
to
confirm
that
our
representatives
are
acting
on
behalf
of
the
City
.

These
requirements
will
help
ensure
the
successful
delivery
of
high-quality
stormwater
engineer
ing
services
.

Page
14 of
15 32
of
37 t~MOE
~ J J fft ,r ~ ~ rr ~ tr .,.,. ,.,-~ fl"' ~ ..~ ~ c=e:-----v eer V e:ee:~ #f!:-' .. tf!iic:-' ..~ ~ ~ 8:JI ...

June 18, 2024, Item #8
•
Cost
for
Laboratory
Analysis
by
Parameter
Parameter
Test
Method
TargetRL
Units
Cost
per
Sample
8ifenthrin
(Synthetic
Pyrethroid)
GC/MS
NCI
-SIM
2to
10 ng/L
$
220.00
Cypermethrin
(Synthetic
Pyrethroid)
GC/MS

NCI-SIM
2 to
10 ng/L
Chlorpyrifos
(Organophosphate
Pesticides)
USEPA
625M

0.01 µg/L
Diazinon
(Organophosphate
Pesticides)
USEPA
625M

0.01 µg/L
$
200.00
Malathion
(Organophosphate
Pesticides)
USEPA
625M

0.01 µg/L
Sulfates
USEPA300
.0

0.5 mg/L
$
15 .00
Chloride
USEPA
300
.0

0.5 mg/L
$
15 .00
Total
Hardness
SM
23408

0.661
mg/L
$
25 .00
Enterorcoccus
SM
9230C
20 MPN/lOOmL
$
60 .00
Fecal
Coliform
SM
9221E
20 MPN/lOOmL
$

40.00 Total
Coliform
SM
92218
20 MPN/lOOmL
$

40.00 Cadmium
(dissolved)
USEPA
200.8

0.001
mg/L
$

13.00 Cadmium
(total)
USEPA
200
.8

0.001
mg/L
$
13 .00
Chromium
(dissolved)
USEPA
200
.8

0.002
mg/L
$

30.00 •
Chromium
(total)
USE
PA
200
.8

0.002
mg/L
$
30 .00
Chrom
ium
Ill
(dissolved)
Calculatio
n
NA
mg/L
$
82 .00
Chromium
Ill
(total)
Calculation
NA
mg/L
$
82 .00
Chromium
VI
(dissolved)
US
EPA
218
.6

0.002
mg/L
$

82.00 Chromium
VI
(total)
US
EPA
218.6

0.002
mg/L
$
82 .00
Copper
(dissolved)
US
EPA
200
.8

0.002
mg/L
$
13 .00
Copper
(total)
US
EPA
200
.8

0.002
mg/L
$

13.00 Iron
(dissolved)
USEPA
200
.7

0.01 mg/L
$
13 .00
Iron
(total)
US
EPA
200.
7 0.01
mg/L
$

13.00 Lead
(dissolved)
,
USEPA
200
.8

0.001
mg/L
$

13.00 Lead
(total)
USEPA
200
.8

0.001
mg/L
$
13 .00
Manganese
(disso
lved)
US
EPA
200.8

0.0002
mg/L
$
13 .00
Manganese
(total)
US
EPA
200
.8

0.0002
mg/L
$

13.00 Nickel
(dissolved)
US
EPA
200
.8

0.002
mg/L
$

13.00 Nickel
(total)
USEPA
200
.8

0.002
mg/L
$

13.00 Selen
ium
(dissolved)
USEPA
200
.8

0.0002
mg/L
$
13 .00
Selen
ium
(total)
USEPA
200
.8

0.0002
mg/L
$

13.00 Silver
(dissolved)
USEPA
200
.8

0.001
mg/L
$
13 .00
Silver
(total)
USE
PA
200.8

0.001
mg/L
$

13.00 Zinc
(dissolved)
USEPA
200
.8

0.001
mg/L
$

13.00 ...

Zinc
(total)
USEPA
200.8

0.001
mg/L
$

13.00 Ammonia
USEPA
350
.1

0.1 mg/L
$

27.00 Nitrate
USEPA
353
.2

0.1 mg/L
$
17 .00
Nitrite
US
EPA
353.2

0.1 mg/L
$
17 .00
Orthophosphate
US
EPA
365.1

0.002
mg/L
$
27 .00
... ,)
TKN
US
EPA
351.2

0.1 mg/L
$
Total
Nitrogen
Calculation
115.00
NA NA
fl
Dissolved
Phosphorus
USEPA
365
.1

0.002
mg/L
$
37 .00
Total
Phosphorus
USEPA
365
.1

0.01 mg/L
$
37 .00
TDS
SM
2540C
10 mg/L
$
27 .00
TSS
SM
25400
5 mg/L
$

27.00 DDT
EPA
608
low
level
5 ng/L
$
170
.00
M8AS
SM
5540C

0.05 mg/L
$

45.00 33
of
37 Page
1 of
2 June 18, 2024, Item #8
Extra
bacteria
dilution
Coliform
3 Extra
Dilutions
SM
9221
B
NA NA
$
35 .00
Enterococcus
3 Extra
Dilutions
SM
9230
NA
NA
$
35 .00
Fecal
Coliform
3 Extra
Dilut
ions
SMEWW
922
1 NA
NA
$
35 .00
Additional
Fees
After
hours
fee
(Weekends
included)
NA
NA
NA
10%*
Holiday
fee
NA
NA
NA
10%
*
CEDEN
File
Fee
(Bacteria)
NA
NA
NA
$
30 .00
CEDEN
File
Fee
(Other
Parameters)
NA
NA
NA
$
30 .00
Courier
Sample
Pick-up
NA
NA
NA
$
220
.00
Preparation
-Digestion
for
metals
NA
NA
NA
$
25 .00
Preparation
-Filtrat
ion,
dissolved
metals
NA
NA
NA
$
20 .00
* The
labs
cannot
provide
after
hours/weekend
or
holiday
surcharges
until
they
know
how
many
samples
they
will
receive
from
all
of
their
clients.

They
recommended
a
10%
surcharge
for
estimating
purposes
.
34 of
37 Page
2 of
2 r r fr ft ~ r r ff'! r ,rf r r tr r. r. f!'f r tr .-ri ... f"'1 ... ,. ff" ~ ~ ~ ~ f-! ~ ~ ~ "" .., Pl t-1 M ~ ~ ~ P,t 6"I ~ June 18, 2024, 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.

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:
36 of
37 (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 June 18, 2024, Item #8
Cal
Gov
Code
§ 7522
.56
(4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
ofretirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214
, 24214.5
or
26812
of
the
Education
Code
.
(i)This
section
shall
not
apply
to
(1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the converted
position,
and
the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II
who
is
assigned
to
.serve
in
a
court pursuant
to
Section
68543.5.

History Added
Stats
2012
ch
296
€
15 (AB
340),
effective
January
1,
2013.

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

Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment:

Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(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).
37 of
37 3
June 18, 2024, Item #9
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 18, 2024
Honorable Mayor and Members of the City Council
' Julie Procopio, Director of Development Serviceqo
Miguel Solano, Assistant Engineer .
(858) 668-4653 or [email protected]~

CITY COUNCIL
Award of Contract to HMS Construction, Inc., for the Midland Road Safety Improvements Project, Bid No. 24-004, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
This action will award a construction contract to HMS Construction, Inc. for the Midland Road Safety Improvements project. This project involves replacement of existing warning signs with fluorescent yellow-green signs, installation of rapid flashing beacon signs and a speed feedback sign to enhance pedestrian safety on Midland Road between Norwalk Street and Putney Road.

Recommended Action:

It is recommended the City Council:
1) Award the construction contract for the Midland Road Safety Improvements project to HMS Construction, Inc., in the amount of $320,000.00 and authorize the City Manager to execute the contract (Attachment A);
2) Appropriate additional funds in the amount of $8,300.00 from Excess SAFE Reserve Fund (2840) available fund balance to the Midland Road Safety Improvements project (ST002); 3) Appropriate additional funds in the amount of $158,700.00 from the Highway Users Tax Account Fund (2110) available fund balance to the Midland Road Safety Improvements project (ST002); and
4) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

On October 17, 2023, the City Council supported the City's Traffic Safety Committee's recommendation to install improvements along Midland Road to address pedestrian safety after several residents expressed concerns related to speed and other traffic related issues. The City's traffic consultant, Kimley-Horn, assessed the condition and prepared the bidding documents to replace existing warning signs with fluorescent yellow-green signs, install rapid flashing beacon signs and a 1 of 11
June 18, 2024, Item #9
speed feedback sign along Midland Road between Norwalk Street and Putney Road.

Bids were opened on May 30, 2024. A total of three bids were received for the construction contract, ranging as follows:

Company Total Bid Amount
HMS Construction, Inc. $320,000.00
Xcel Engineering $342,105.00
Tri-Group Construction and Development. Inc. $398,000.00 The low bid of $320,000.00 submitted by HMS Construction, Inc., is an acceptable bid that is responsive to and meets the requirements of the bid specifications. The contract time for this project is 30 working days with an engineer's estimate of $200,000.00. The higher-than-expected bids for this . project can be attributed, in part, to the volatile market conditions, where fluctuating material prices and labor costs have driven up the overall expenses. Staff intends to construct the project this summer before school starts.

Environmental Review:

The proposed modifications to an existing city street are Categorically Exempt from CEQA as a Class 1 Categorical Exemption, pursuant to Section 15301 (C) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.

Fiscal Impact:

The proposed Fiscal Year 2024-25 Capital Improvement Program budget includes a total of $206,400.00 in funding for this project. Approval of this item will require the appropriation of an additional $8,300.00 from the Excess SAFE Reserve Fund (2840) and $158,700.00 from the Highway Users Tax Account Fund (2110) to the Midland Road Safety Improvements project (ST002) for a total revised project budget of $373,400.00, which includes the cost for the construction contract, 15% construction contingency allowance and required material testing.

Public Notification:

None.

Attachments:

A. Construction Contract
Reviewed/Approved By:

Assistant City Manager
2 of 11
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
June 18, 2024, Item #9
SECTION 8

CONSTRUCTION CONTRACT

CITY OF POWAY

MIDLAND ROAD SAFETY IMPROVEMENTS
This Contract made and entered into this 19th day of June 2024, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and HMS Construction, Inc. hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:

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

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

3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement:
3 of 11
The proposed work shall be performed in accordance with the project specifications, City standards and other contract documents and consists of the following:
• Furnish and Install New Fluorescent Yellow-Green Signs • Furnish and Install New Signs with Solar Power LED Rectangular Rapid Flashing Beacons (RRFBs)
• Furnish and Install New Solar Power LED Flashing Signs • Furnish and Install Solar Power LED Speed Feeback Signs • Relocation of existing signs
1 ATTACHMENT A
June 18, 2024, Item #9
• Traffic Control

4. Contractor agrees to perform all the said work and furnish all the said materials at their own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.

5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $320,000.00 the "Contract Price."

6. 7.

8. 9.
4 of 11
City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.

Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 30 Working Days after the date specified in the Notice to Proceed.

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

By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.

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

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

Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1. 2 June 18, 2024, Item #9

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

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

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.

12. Contractor
will
comply
with
the
provisions
of
Labor
Code
§
1777
.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.
13 .

Contractor,
by
executing
this
Contract,
hereby
certifies
:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for and
maintaining
in
full
force
and
effect
for
the
duration
of
the contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.

14. 15.
5 of
11 Contractor
shall,
concurrent with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.
a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1
,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.

Contractor
shall
provide
insurance
on
an
occurrence,
not
claims-made
basis.

Contractor
shall
further
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.

Contractor
shall
further
procure
and
maintain at
its
expense,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law.

If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City.

This
provision
shall
not
apply
if Contractor
has
no
employees
performing
work
under
this
Agreement.

Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City,
and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same. Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.

All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VII,
in
accordance
with
the
current
Best's
Ratings. e.

Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors,
architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or
retains
pursuant
to
or
in
any
way
related
to
the
performance
of
this
Agreement,
provide
the
insurance
coverage
required
herein,
at
minimum,
and,
except
for
worker's
compensation
coverage,
name
as
additional
insureds
the
parties
to
this
Agreement.

Contractor
agrees
to
monitor
and
review all
such
coverage
and
assumes
all
responsibility
for
ensuring
that
such
coverage
is
provided
in
conformity
with
the
requirements
of
this
Section.
f.

In
the
event
this
Agreement
is
terminated
for
any
reason
prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement,
Contractor
agrees
to
maintain
all
coverages
required
herein
until
the
City
provides
written
authorization
to
terminate
the
coverages
following
the
City's
review
and
determination
that
all
liability
posed
under
this
Agreement
as
to
the
party
providing
insurance
has
been
eliminated.
4 June 18, 2024, Item #9
g.

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

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements

17. 7
of
11 to
the
City
as
evidence
of
the
insurance
coverage
required
herein
.

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

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

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

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

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

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

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

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

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
5 June 18, 2024, Item #9

18. 19. 20. 21. 22
.

23. 24. 25.
8 of
11 b.

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

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

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

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

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

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

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

This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local,
state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.

After
completion
of
the
work
contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms
supplying
materials,
and
all
subcontractors
upon
the
project
have been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if
any,
to
be
set
forth
in
an
affidavit
covering
disputed
claims
or
items
in
connection
with
a
Stop
Notice
that
has
been
filed
under
the
provision
of
the
laws
of
the
State
of
California
.
6 June 18, 2024, Item #9

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

Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.

All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work.

The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.

Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.

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

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

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

30. a.

Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
11 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.

The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section 25117
of
the
Health
and
Safety
Code;
ii.

Subsurface
or
latent
physical
conditions
at
the
site
differing
from
those
indicated
in
the
specifications;
or
iii.

Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.

Pending
a determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e
.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.

City
shall
promptly
investigate
the
reported
conditions.

If City,
through
and
in
the
exercise
of
its
sole discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
d.

In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
7 June 18, 2024, Item #9
increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

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

32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank)
10 of 11 8
June 18, 2024, Item #9
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.

Contractor's Name:

HMS Construction, Inc.

Print Name of Construction Company
By:

Signature
Chris Morales
Print Name
Contractor information:

Address for Notices and Payments
2885 Scott Street
Vista CA 92081
Telephone Number: 760-727-9808
Email: [email protected]
ATTEST:

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

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 1 of 16
June 18, 2024, Item #10
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 18, 2024
Honorable Mayor and Membe~ of 'e City Council
Carrie Gallagher, City Clerk JOtf'
Ellis Webster, Deputy City Clerk ~
(858) 668-4533 or [email protected]

CITY COUNCIL
Approval of Agreement with Corodata Records Management, Inc. for Professional Records Storage and Management Services
This action will approve an agreement for professional records storage and management services for the City of Poway. Services include records storage, barcoding, automated tracking, retrieval, delivery and destruction services. The length of the initial agreement is two (2) years beginning July 1, 2024, through June 30, 2026. The agreement may be extended subject to City Manager approval for a total of three (3) separate one-year extensions.

Recommended Action:

It is recommended the City Council approve the agreement with Corodata Records Management, Inc. for professional records storage and management services and authorize the City Manager to execute the necessary documents.

Discussion:

The City of Poway maintains a Records Management Program, which consists of a City Council approved Records Management Policy and Records Retention Schedule per California Government Code section 340890 et seq. Objectives of the program include ensuring compliance with California state law, utilizing consistent record keeping systems, and controlling costs.

Due to the high volume of records maintained in accordance with the Records Retention Schedule, the City contracts with Corodata Records Management, Inc. (Corodata) to manage its digital inventory lists, as well as offsite records and document storage. Corodata's services include records storage, climate-controlled records storage, barcoding, inventory management, automated tracking, retrieval, delivery, and destruction services. The City currently stores over two thousand boxes with Corodata throughout their San Diego County facilities. The City's last multi-year agreement with Corodata has expired.

The City is seeking a new multi-year agreement with Corodata. Significant work has gone into 2 of 16
June 18, 2024, Item #10
establishing the existing record inventory and cataloging system with Corodata. Staff is recommending, as permitted in the Poway Municipal .Code (PMC) Chapter 3.28 (Purchasing), the formal bidding procedures be waived for professional records storage and management services, as the process would not likely result in a lower price to the City, if anything there would be additional direct and indirect costs to transitioning to a new vendor for these services. Therefore it is not in the best interests of the City to formally bid these services.

The length of the initial agreement, if approved, would be two (2) years beginning July 1, 2024, through June 30, 2026. The agreement may be extended subject to approval by the City Manager for a total of three (3) separate one-year extensions. The maximum length of the Agreement would be up to five (5) years. The total annual fee for the first year of the agreement is not to exceed $22,615. Per the terms of the proposed agreement, the total not to exceed amount may be increased by up to 4.5% each year.

Environmental Review:

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

Fiscal Impact:

The proposed FY 2024-25 budget includes sufficient funding in accounts 101010-47200 and 100010- 49040 to award the contract in the amount of $22,615.00. I The length of the initial Agreement is two (2) years beginning July 1, 2024, through June 30, 2026. The Agreement may be extended subject to approval by the City Manager for a total of three (3) separate one-year extensions. If all options are exercised, the total contract amount for a maximum five-year period is not to exceed $123.720.13.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Wendy~aserman
Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
1 City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July, 20 24, by and between the CITY OF POWAY (hereinafter referred to as "City") and Corodata Records Management Inc., (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform professional records storage and management services for the City of Poway archival records; WHEREAS, Consultant is a n independent records management company and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.

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

1. S cope of Services .

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

2. C ompensation and Reimbursement .

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

3. T erm of Agreement .

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

4. Termination .

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

This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 16 June 18, 2024, Item #10

ATTACHMENT A
4 of 16
June 18, 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.

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.

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. 2 5 of 16
June 18, 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;

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:
1ZJ 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.

Department Director

10. No Assignments.

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 3 6 of 16
June 18, 2024, Item #10
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.

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.
4 7 of 16
June 18, 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.

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. 5 8 of 16
June 18, 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.

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.

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 (Cal PERS) and shall not become members of CalPERS while providing services to City. 6 9 of 16
June 18, 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)
7 10 of 16
June 18, 2024, Item #10
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 8
By
:-----------Michael
Webb,
Client
Relationship
Manager
Date:
___________
_
11 of 16
June 18, 2024, Item #10
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the professional records storage and management services further described in the Scope of Services submitted with the proposals dated May 20, 2024, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.

B. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposals submitted . with the proposals dated May 20, 2024, which are included in this document as Attachment 1.

Total annual fee for year one of the agreement is not to exceed $22,615. The total not to exceed amount may be increased by up to 4.5% each year, including each of the three additional one year periods upon approval in writing of the City Manager and Consultant. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

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 1 12 of 16
June 18, 2024, Item #10
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:

E. Notices.

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

To City:

To Consultant:
2 City of Poway
P.O. Box 789
Poway, CA 92074
Corodoata Records Management Inc.
12375 Kerran Street
Poway, CA 92064
13 of 16
June 18, 2024, Item #10
E•Jcor
odata
Attachment
1 Re
cord
s
Manag
em
ent
, In
c.

Schedule
A
-May
20,
2024
Prices
in
$USO
Storage Minimum
Storage
Billing

63.25 Record
Storage
Carton
.32
/30
days
Wardrobe
Box

6.10 /30
days
Wardrobe
Box

6.10 /30
days
Services Retrieve
File
for
Delivery

3.35 ea
Carton
Added
&
Data
Entry

2.50 ea
Filefolder
Added

1.45 ea
Retrieve
Carton
for
Delivery

2.95 ea
Refile
Carton

3.15 ea
Refile
Filefolder

3.35 ea
Search
for
File

3.20 ea
Permanently
Out
Carton

7.75 ea
Dock
Access
.00
ea
Copying
Service
(per
page)

1.10 ea
Special
Project
Labor
Charge

48.50 per
hour
Destroy
Container

7.70 ea
Materials Record
Storage
Carton
w/
Lid

3.50 ea
Cor-O-Seal
(pack
of
20)

19.35 ea
Plan
Boxes
(8
x8
x 42)

7.35 ea
Delivery Pickup/Deliver
Standard
Crtn

3.25 ea
Pickup/Deliver
Non-Standard
Crtn

5.30 ea
Pickup/Deliver
Filefolder

1.70 ea
Trip
Charge
Trip
Chg

26.50 per
trip
Trip
Chg
&
Rush
Rtvl
-4hr

39.56 per
trip

5.00 ea
Trip
Chg
&
Rush
Rtrvl
-2hr

53.60 per
trip

5.00 ea
2 Hour
Rush
Retrieval

14.00 per
trip

5.00 Note
: Additional
serv
ices
for
with
a
specific
rate
is
not
listed
will
be
offered
at
negotiated
rates.

Your
basic
rates
will
be
frozen
for
a specified
period
of
time
; however
Corodata
reserves
the
right
to
apply
an
energy
charge
to
each
invoice
. The
above
rates
are
valid
for
90 days
from
the
date
of
the
quote
. Application
of
charges
is
at
discretion
of
Corodata
and
my
be
due
to
operation
or
security
reasons.

Rush
deliveries
are
limited
to
1 O
item
and
20 items
for
2 Hour
and
4 Hour
rushes
respectively.

Emergency
Service
(after
hours)
available
upon
request
20000843998
Pag
e
1 of
1 14 of 16
June 18, 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)
(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 15 of 16
June 18, 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:
(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. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 16 of 16
June 18, 2024, Item #10
Cal
Gov
Code
§ 7522.56
(g)A
retired
person
who
accepted
a retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214
. 24214
.5
or
26812
of
the
Education
Code.
(i)This
section
shall
not
apply
to
(1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
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
3 83),
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).
3 June 18, 2024, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
June 18, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq
Hector Salgado, Senior Planner i ,S
858-668-4656 or [email protected]

CITY COUNCIL
Tentative Tract Map (TTM) 24-0001; a Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM 22-001) Tentative Tract Map {TTM) 22-001, known as the Del Norte Professional Terraces Condominium Conversion project, was going to expire on February 1, 2024. Prior to the expiration, the applicant requested the first one-year time extension to allow for additional time to complete the processing requirements for a Final Map. The project will be deemed expired unless the requested time extension is approved.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution {Attachment A).

Discussion:

The applicant is Dave Morris, and the property owners are Del Norte Professional Building LLC and 12036 Saticoy Street LLC. The project site is a 1.87-acre property developed with two commercial office buildings totaling approximately 23,275 square feet and a surface level parking lot. The existing buildings are leased for commercial and medical uses. The project site is located at 15644 Pomerado Road, north of Monte Vista Road, and south of Bernardo Heights Parkway in the Commercial Office (CO) zone {Attachment B). Single-family homes in the City of San Diego are located to the west, office buildings are located to the north and south, and the Pomerado Medical Center Poway is located to the east of the site. On February 1, 2022, the City Council approved TTM 22-001, which converted two existing commercial office buildings into 19 commercial office condominium units (Attachment C and D). The purpose of the conversion is to sell the office condominiums individually rather than selling the entire property.

The TTM was approved by the City Council for two years pursuant to the Poway Municipal Code {PMC).

Within that time frame, the applicant is required to process and receive approval of a Final Map from 1 of 11
June 18, 2024, Item #11
the City Council. Section 16.10.080 of the PMC allows for a total of five one-year extensions. This is the first extension request for this subdivision.

The applicant requests additional time to complete the Final Map process. The applicant is requesting City Council approval of a one-year time extension. All the findings and Conditions of Approval from City Council Resolution No. 22-008 will remain in full force and effect. The project will be required to comply with all current regulations for landscaping and stormwater requirements. No new conditions of approval are recommended. No changes are proposed with the extension. With the approval of this extension request, the TTM expiration will be extended to February 1, 2025.

Environmental Review:

The time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval.

Fiscal Impact:

None.

Public Notification:

A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 6, 2024. A public notice was mailed to the property owners and occupants located within 500 feet of the project site.

Attachments:

A. Resolution
B. Zoning and Location Map
C. Resolution No. 22-008, approving TTM 22-001
D. Approved TTM 22-001
Reviewed/Approved By:

Assistant City Manager
2 of 11
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c{!J~
City Manager
June 18, 2024, Item #11
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
24-0001; THE FIRST TIME EXTENSION OF THE APPROVAL
FOR TENTATIVE TRACT MAP 22-001, ASSESSOR'S PARCEL
NUMBER 275-461-12
WHEREAS, on February 1, 2022, the City Council approved Tentative Tract Map (TTM) 22-001; a request to convert two existing commercial office buildings into 19 commercial office condominium units located at 15644 Pomerado Road in the Commercial Office (CO) zone (Project hereinafter);
WHEREAS, on June 18, 2024, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed Project, including the attachments, and has considered other evidence presented at the public hearing.

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

SECTION 1: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval of the Project.

SECTION 2: City Council Resolution No. 22-008 remains in full force and effect except that a time extension for the approval is hereby granted by the City Council.

SECTION 3: The City Council hereby approves TTM 24-0001, as shown on the approved tentative map on file with the Development Services Department. This approval includes the approval of a first time extension of TIM 22-001 for one year from February 1, 2024, to February 1, 2025.

SECTION 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
3 of 11
II
II
II
II
II
II

ATTACHMENT A
June 18, 2024, Item #11
Resolution No. 24-

Page 2 ends

Poway City CouncilJune 18, 2024

Poway City Council
June 18, 2024