March 4, 2025, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
March 4, 2025
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community ;ervicescp&)
Karen Tansey, Management Analyst ."d)')
(858) 668-4584 or [email protected] • •
Approval of a Three-Year Agreement with San Diego Ice to Provide Snow for the Annual Winter Festival Event
Since 2019, the City of Poway has contracted with San Diego Ice Company to provide snow for the annual Winter Festival. The contracts are secured each year and there have been two price increases in this long-standing history. The City has the opportunity to enter into a three-year contract and lock down the price, which is ideal for budgeting purposes, to help control rising costs, and gain operation efficiencies in reduced annual staff time to process one-year agreements. The City purchasing/procurement procedures requires any contract over $10,000 go through a formal or informal bidding process. Staff is recommending it is in the City's best interest to waive the bidding process, make findings that waiving bidding requirements is in the publics best interest, and execute the three-year agreement with San Diego Ice Company to provide snow for the annual Winter Festival event.
Recommended Action:
It is recommended the City Council approve the three-year Agreement and authorize the City Manager to execute all necessary documents associated with the Agreement between the City of Poway and San Diego Ice Company to provide snow for the annual Winter Festival event.
Discussion:
Background
The City of Poway holds two community-wide winter events each year. Christmas in the Park in December and Winter Festival in January. Over the years, Winter Festival has had several names, different family-friendly activities, but one attraction has remained -snow.
After 11 years in its current format, Winter Festival remains the largest community-wide event hosted by the City of Poway, drawing an estimated 10,000 people each year. In January 2025, the event 1 of 19
March 4, 2025, Item #7
footprint
was
expanded
to
include
a
nod
to
the
original
Candy
Land
event
introducing
a
life-size,
Winter-themed
board
game
where
participants
traveled
along
the
game
path
to
encounter
Frozen
characters
Elsa
, Anna,
Kristoff,
and
Hans.
Five
additional
air
bounces
were
added
to
create
an
air
bounce
alley
on
the
joint
-use
field
at
Valley
Elementary
School.
A
magical
light
walk
illuminated
the
way
lead
ing
to
the
Winter
Wonderland
board
game,
and
the
snow
hill
and
skate
line
queues
were
reworked
to
enhance
line
management.
Every
20 minutes
, artificial
snow
cascaded
from
the
rooftop
of
the
Mickey
Cafagna
Community
Center
main
courtyard
and
real
snow
was
blown
for
sledding
down
snow
hill
as
well
as
2 snow
play
areas
for
both
big
and
small
participants.
Ice
skating
continued
to
be
a favorite
along
with
campfires,
s'mores,
arts
and
crafts
, a
photobooth,
music,
twinkling
lights,
and
a
variety
of
vendors
and
food
choices
. The
Special
Needs
portion
of
the
event
took
place
one
hour
prior
to opening
to
the
public
on
Saturday
and
fresh
snow
was
blown
pr
ior
to
their
arrival.
The
largest
single
expense
of
the
Winter
Festival
event
is
snow.
The
City
of
Poway
purchasing/procurement
procedures
require
purchases
or
contract
services
over
$10,000
to
obtain
proposals
or
quotes.
Since
2017,
the
City
has
ordered
115
tons
of
snow
delivered
over
two
days.
Each
year
, staff
contacts
numerous
companies
reaching
as
far
as
San
Luis
Obispo
County
and
Los
Angeles
.
Since
2019
, San
Diego
Ice
Company
has
provided
the
lowest
cost
per
ton
and
sometimes
the
only
company
who
would
provide
a quote
. Repeatedly
, emails
are
sent
stating
companies
refuse
to
prov
ide
a
quote
because
they
have
not
been
selected
in
the
past
due
to
cost.
San
Diego
Ice
Company
has
proven
to
be
highly
responsive,
easy
to
work
with,
and
flexible.
During
the
City's
long
history
with
San
Diego
Ice
Company,
there
have
been
two
large
cost
increases
.
Year
Cost
per
ton
2019
$130
.00
2020
$130
.00
2021
Covid
-
no
event
2022
$150.00
2023
$175
.00
2024
$175
.00
2025
$175
.00
To
streamline
the
purchase
of
snow
each
year,
staff
approached
San
Diego
Ice
Company
about
entering
into
a three-year
contract.
They
proposed
the
following
:
Year
Cost
per
ton
2026
$175.00
2027
$180.00
2028
$185.00
For
the
first
year
of
the
contract,
they
proposed
the
same
cost
the
City
has
paid
since
2023.
The
two
subsequent
years
would
be
increased
by
a
little
less
than
3%
each
year
. The
two
previous
noted
adjustments,
when
averaged,
result
in
an
annual
increase
of
almost
7%.
After
evaluation
of
current
trends
and
pricing,
staff
is
recommending
it
is
in
the
best
interest
of
the
City
to
waive
the
bidding
requirement
based
on
the
following
reasons
:
2 of19
1. The
rising
costs
of
goods
.
The
year
-over-year
inflation
rate
for
November
2023
to
November
2024
for
San
Diego
Area
was
2.6%
. This
has
cooled
a bit
from
the
previous
year
March 4, 2025, Item #7
of
5.2%.
Moving
forward
with
a three-year contract
locks
down
the
price
and
allows
staff
to
budget
appropriately.
2. The
requirement
to
bid
this
purchase
will
not
likely
result
in
a lower
price
given
the
lack
of
historical
response
from
ice
companies.
Based
on
the
long-standing
relationship
with
San
Diego
Ice
Company,
the
m
inimal
price
increases,
and
the
quality
of
the
product
, staff
recommends
the
three-year
contract.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
Sufficient
funds
will
be
budgeted
in
future
year
budgets
in
the
appropriate
fiscal
year
through
the
annual
budgeting
process
for
account
#208020-41200
in
the
Community
Park
Division,
Other
Contractual
Services.
Public
Notification:
None. Attachments: A.
Standard
Agreement
for
Services
Between
the
City
of
Poway
and
San
Diego
Ice
Company
Reviewed/Approved
By:
Wendy
Kaserman
Assistant
City
Manager
3 of
19 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By
:
Ch,
J;l
City
Manager
March 4, 2025, Item #7
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
5th
day
of
March
2025
, by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
San
Diego
Ice
Company
(hereinafter
referred
to
as
"Vendor").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
an
ice
company
to
blow
snow
for
the
annual
Winter
Festival
event;
WHEREAS,
Vendor
is
a
local
San
Diego
ice
company
that
has
represented
they
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Vendor
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
VENDOR
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Vendor
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
Vendor
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
Vendor.
During
said
60-day
period
Vendor
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
Vendor
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
Vendor.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
4 of
19 ATTACHMENT
A
March 4, 2025, Item #7
5. Confidential Relationship.
City may from time to time communicate to Vendor certain information to enable Vendor to effectively perform the services. Vendor 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. Vendor 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 Vendor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Vendor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Vendor 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.
Vendor 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, Vendor 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.
Vendor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Vendor declares that it has not employed or retained any company or person, other than a bona fide employee working for Vendor, 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 Vendor upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Vendor shall not act as Vendor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Vendor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Vendor 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 Vendor has a financial interest as defined in Government Code Section 87103. Vendor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
5 of19
March 4, 2025, Item #7
"Vendor" 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:
[8J 1. Vendor/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. Vendor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Vendor/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.
Vendor 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) 6 of 19
March 4, 2025, Item #7
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, Vendor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Vendor only insofar as the results of Vendor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Vendor accomplishes such services.
13. Licenses, Permits, Etc.
Vendor 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.
Vendor represents and warrants to City that Vendor 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 Vendor to practice its profession.
14. Vendor's Insurance.
Vendor 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 Vendor'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 Vendor or any other person for, and Vendor 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 Vendor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Vendor, its agents, officers, directors, sub-Vendors or employees.
(b) For Claims alleged to arise from Vendor's negligent performance of professional services, lndemnitees shall have no liability to Vendor or any other person for, and Vendor 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 Vendor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Vendor, its agents, officers, directors, sub-Vendors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Vendor's professional services, Vendor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Vendor's negligence.
7 of 19
March 4, 2025, Item #7
(c) The foregoing obligations of Vendor 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 Vendor, 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 Vendor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Vendor 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 Vendor is carrying and maintaining; however, if Vendor fails to take such action as is necessary to make a claim under any such insurance policy, Vendor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Vendor 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 Vendor:
(a) Vendor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Vendor that occurs in the course of, or in connection with, the performance of Vendor's obligations under this Agreement, including but not limited to Vendor'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 Vendor or its employees in connection with Vendor's performance its obligations under this Agreement, including but not limited to Vendor's Scope of Services.
17. Vendor Not an Agent.
Except as City may specify in writing, Vendor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Vendor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Vendor 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 Vendor by giving oral or written notice to Vendor to such effect. 8 of 19
March 4, 2025, Item #7
Vendor'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. Vendor 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 Vendor in the event of termination, Vendor's damages shall be limited to compensation for the 60-day period for which Vendor 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," "Vendor" shall mean the individual or corporate Vendor and any and all employees of Vendor 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 Vendor and City relating to the terms and conditions of the services to be performed by Vendor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 9 of 19
March 4, 2025, Item #7
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
10 of 19
March 4, 2025, Item #7
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
11 of 19
SAN DIEGO ICE COMPANY
By:-----------
Anthony Toma, Vice President
Date: ------------
March 4, 2025, Item #7
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Vendor agrees to perform services as required by City, which shall consist of the providing and blowing snow for the annual Winter Festival event further described on the quotes dated November 25, 2024, and December 10, 2024, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Vendor shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Vendor a fee in accordance with the Quotes dated November 25, 2024, and December 10, 2024, which are included in this document as Attachment 1. Vendor's fee shall include and Vendor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing January 9, 2026, and ending January 17, 2028, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Vendor shall return to City any and all equipment, documents or materials and all copies made thereof which Vendor received from City or produced for City for the purposes of this Agreement.
D. Vendor's Insurance.
1. Coverages:
Vendor 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) Vendor 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.
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March 4, 2025, Item #7
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:
Vendor 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 Vendor:
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City of Poway
P.O. Box 789
Poway, CA 92074
San Diego Ice Company
3412 Kurtz Street
San Diego, CA 92110
March 4, 2025, Item #7
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)
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(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 March 4, 2025, Item #7
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:
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(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.
March 4, 2025, Item #7
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
16 of 19
March 4, 2025, Item #7
~SAN DIEGO
:. J_ (Cl.COMPANY
San Diego Ice Co.
3412 Kurtz St
San Diego, CA 92110
619-688-1999
BILL TO:
City Of Poway
P.O. Box 789
Poway, CA 92074
2026 QUOTE
Product Description
Tons Of Snow To Be Blown
Invoice No.: 00-401748
THIS ORDER WAS SHIPPED TO:
City Of Poway
13094 Civic Center Dr
Poway, CA 92064
By signing, you are verifying that:
Terms are 30 days
Sign;;<i en: 00/0010000 00:00
NO SIGNATURE ON FILE
17 of 19
Attachment 1
INVOICE
Invoice Date: 11/25/2024
Invoice No: 00-401748
Cust Ref No QUOTE 2026
Driver: (AT) Anthony Toma
Terms NET 30 Days
Quantity Price Each Tax Merch Total
115 $175.000 $1,559.69 $20,125.00
Merchandise Amount $20,125.00
Sales Tax $1,559.69
Invoice Total $21,684.69
Paid OnSite $0.00
Payment Type
Check No/Approval Cod
Total Paid $0.00
Balance Due $21,684.69
March 4, 2025, Item #7
~SAN DIEGO
-i J_ _'Cl.COMPANY
San Diego Ice Co.
3412 Kurtz St
San Diego, CA 92110
619-688-1999
BILL TO:
City Of Poway
P.O. Box 789
Poway, CA 92074
QUOTE 2027
Product Description
Tons Of Snow To Be Blown
Invoice No.: 00-401749
THIS ORDER WAS SHIPPED TO:
City Of Poway
13094 Civic Center Dr
Poway, CA 92064
By signing, you are verifying that:
Terms are 30 days
Sign:sd on: 00/0Ml·OO•O 00:00
NO SIGNATURE ON FILE
18 of 19
INVOICE
Invoice Date: 11/25/2024
Invoice No: 00-401749
Cust Ref No QUOTE 2027
Driver: (AT) Anthony Toma
Terms NET 30 Days
Quantity Price Each Tax Merch Total
115 $180.000 $1,604.25 $20,700.00
Merchandise Amount $20,700.00
Sales Tax $1,604.25
Invoice Total $22,304.25
Paid OnSite $0.00
Payment Type
Check No/Approval Cod
Total Paid $0.00
Balance Due $22,304.25
March 4, 2025, Item #7
~SAN DIEGO
~ J_ lCE,COMPANY
San Diego Ice Co.
3412 Kurtz St
San Diego, CA 92110
619-688-1999
BILL TO:
City Of Poway
P.O. Box 789
Poway, CA 92074
QUOTE 2028
Product Description
Tons Of Snow To Be Blown
Invoice No.: 00-401941
THIS ORDER WAS SHIPPED TO:
City Of Poway
13094 Civic Center Dr
Poway, CA 92064
By signing, you are verifying that:
Terms are 30 days
NO SIGNATURE ON FILE
19 of 19
INVOICE
Invoice Date: 12/10/2024
Invoice No: 00-401941
Cust Ref No QUOTE 2028
Driver: (AT) Anthony Toma
Terms NET 30 Days
Quantity Price Each Tax Merch Total
115 $185.000 $1,648.81 $21,275.00
Merchandise Amount $21,275.00
Sales Tax $1,648.81
Invoice Total $22,923.81
Paid OnSite $0.00
Payment Type
Check No/Approval Cod
Total Paid $0.00
Balance Due $22,923.81