Amended Agenda
Adding Second Teleconferencing Location
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11 AG EN DA Poway City Council
( ~
~ ~,,,'-.,..,,:.-- Coun cil Ch am be r I 13325 Civic Center Dri ve I Poway , CA I 92064 April 15, 2025 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.
Notice of Teleconferencing Location I Section 54953(b) of the California Government Code authorizes members of the City Council to use teleconferencing to attend a meeting, provided the agenda identifies the teleconference location. In accordance with Section 54953(b), the following location is hereby noticed as a teleconference location 500 H Street NW, Washington, DC 20001. As set forth below, members of the public may attend the meeting in person in City Council Chambers or at the teleconference location .
Notice of Teleconferencing Location I Section 54953(b) of the California Government Code authorizes members of the City Council to use teleconferencing to attend a meeting, provided the agenda identifies the teleconference location. In accordance with Section 54953(b), the following location is hereby noticed as a teleconference location 588 Childers Creek Road, Reliance, Tennessee 37369. As set forth below, members of the public may attend the meeting in person in City Council Chambers or at the teleconference location .
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
Steve Vaus
Mayor
Peter De Hoff
Deputy Mayor
Tony Blain
Councilmember
Jenny Maeda
Council member
Christopher J. Pikus
Council member
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.
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 includ ed on the agenda. You may speak up to thr ee (3) minute s.
Per the Poway Muni cipal Code, the speaking time may be redu ced. Speakers have one oppor tunity to addres s 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 Councilm ember, a member of the public, or City Manager reque sts 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. Award of Agreement to EKI Environment & Water, Inc. for Preparation of the 2025 Urban Water Management Plan Update, RFP No. 25-009
2 of 4 Regular City Council Meeting April 15, 2025
3. Award of Agreement to The Arc of San Diego for Parks Ground Maintenance Services
4. Authorization to Purchase City Hall Servers Utilizing NASPO ValuePoint Purchasing Program Contract #7-15-70-34-002 from Nth Generation Computing, Inc.
5. Set Public Hearing to Consider Adoption of FY 2025-26 Solid Waste Rate Increase for EDCO Waste and Recycling Services
6. Award of Contract to Mansfield Oil of Gainesville, Inc. for Various Fuels Utilizing Sourcewell Cooperative Purchasing Program Contract No. 121522-MNF
7. Award of Agreement to United Site Services of California, Inc. for Portable Toilet Services; RFP No. 25-010
8. Resolution Approving a 6% Increase in the Regional Transportation Congestion Improvement Program Traffic Mitigation Fee for Fiscal Year (FY) 2025-26, as required by the TransNet Ordinance
9. Award of Contract to Sunbelt Controls, Inc., for the Poway Center for the Performing Arts Heating Ventilation and Air Conditioning Controls Replacement Project, RFP No. 21-013, and Determination the Project is Categorically Exempt from the California Environmental Quality Act ORDINANCES FOR INTRODUCTION:
10. Ordinance to Amend Poway Municipal Code Regarding Conduct During Physical Attendance at City Council Meetings
City Manager's Recommendation: It is recommended the City Council introduce the attached Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the May 6, 2025 regular City Council meeting.
PUBLIC HEARINGS: None
STAFF REPORTS:
11. Water Infrastructure Improvement Program Update
City Manager's Recommendation: This is an informational item and there is no recommended action.
12. Resolution to Adopt a City Council Policy Requiring all City Council Vacancies Occurring Within the First 18 Months of a Four Year Term to be Filled by Special Election City Manager's Recommendation: It is recommended the City Council approve the attached Resolution adopting a City Council policy that all vacancies in the City Council occurring within the first 18 months of any City Councilmember's four year term must be filled by a special election, and not by appointment.
WORKSHOPS: None
3 of 4 Regular City Council Meeting April 15, 2025
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1 234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: Non e
ADIOURNMENT:
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on April 14, 2025.
Said meeting to be held at 7:00 p.m., April 15, 2025, 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. ~ r~JfijCJ
4 of 4 Regular City Council Meeting April 15, 2025
April 15, 2025, Item #2
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
April 15, 2025
Honorable Mayor and Members of the City C~u~I
Eric Heidemann, Director of Public Works q_/ •
Robert Weber, P.E., Principal Civil Engineer -Utilities{\ vJ (858) 668-4717 or [email protected] ~
CITY COUNCIL
Award of Agreement to EKI Environment & Water, Inc. for Preparation of the 2025 Urban Water Management Plan Update, RFP No. 25-009
A request for proposals (RFP) for the 2025 Urban Water Management Plan (UWMP), RFP No. 25-009, was duly advertised on January 30 and February 2, 2025: Six (6) consultant proposals were received on February 27, 2025. Staff reviewed the proposals submitted and selected EKI Environment & Water, Inc. (EKI) as the consulting firm to provide the services for preparation of the 2025 Urban Water Management Plan Update for the City of Poway (City). Staff determined EKI best meets the evaluation criteria and suits the needs of the City. The length of this agreement shall be for two (2) years beginning April 15, 2025, through April 14, 2027.
Recommended Action:
It is recommended City Council award the agreement for preparation of the 2025 Urban Water Management Plan Update, RFP No. 25-009, to EKI Environment & Water, Inc., and authorize the City Manager to execute the necessary documents.
Discussion:
The California Department of Water Resources (DWR) requires urban water suppliers that either provide over 3,000 acre-feet of water annually or serve more than 3,000 urban water connections, to submit an UWMP every five years (California Water Code §10610-§10656 and §10608). The 2025 UWMP complies with this requirement and will support the City's long-term water resource planning to ensure that adequate water supplies are available to meet existing and future water needs.
The 2025 UWMP will:
• Assess the reliability of water sources over a 20-year planning time frame; • Describe demand management measures and water shortage contingency plans; and • Discuss the use and planned use of recycled water.
1 of 31
April 15, 2025, Item #2
The DWR provides direction for the development of UWMPs by issuing a guidebook, developing tools and conducting workshops. The 2025 UWMP will provide information on present and future water supplies and demands and will provide an assessment of the City's water resource needs. It will serve as a long-range planning document and will be used to accurately reflect future planning for the City's service areas and its water supply. A draft 2025 UWMP will be brought to the City Council for a public hearing in Spring of 2026, and if adopted, the 2025 UWMP will be submitted to DWR for review and approval by the deadline of July 1, 2026.
City staff prepared a detailed RFP to select and retain a qualified consultant to support in the preparation of the 2025 UWMP and provide adequate time for City input and review along with appropriate time to calendar a public hearing to adopt the UWMP and meet the DWR submittal timeline. The RFP was advertised on January 30 and February 2, 2025. The City received six (6) proposals on February 27, 2025. An evaluation committee consisting of staff from the Department of Public Works reviewed the proposals based on criteria set forth in the RFP, which included thoroughness of the RFP, firm and project team qualifications, project understanding and approach, and project experience. Although cost was also a criteria factor, based on this type of service, the City is not required to select the lowest bidder. The table below shows the not-to-exceed amounts from the responsive proposers:
Table 1: RFP 25-009, 2025 Urban Water Management Plan Update Responsive Proposers
Proposer City Total Fee
Albert A. Webb Riverside, CA $99,420
Associates
EKI Environment & Water Daly City, CA $69,800
Hoch Consulting Oceanside, CA $109,130
Kennedy Jenks Pasadena,CA $89,450
Consultants
MKN & Associates, Inc. Irvine, CA $69,586
West & Associates Foothill Ranch, CA $48,000
Engineering
As a result of the proposal evaluation, the evaluation committee determined EKI provided the most comprehensive and best value proposal, had a clear understanding of DWR requirements, and precisely defined the approach and methodology to achieve compliance with the DWR requirements.
Furthermore, EKI has extensive experience in water resource planning and preparing UWMPs, as well as demand forecasting, water shortage contingency planning, and other regulatory planning documents. EKI prepared over 45 UWMP's during the 2020 cycle and their proposed Principal in Charge previously authored the City's 2020 UWMP, which provides them with an understanding of the City's needs as well as streamlining communication and data-sharing efforts between the City and San Diego County Water Authority (SDCWA) and ensures the City's 2025 UWMP is compatible with regional planning efforts.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of31
April 15, 2025, Item #2
Fiscal
Impact:
Sufficient
funds
are
budgeted
in
Fiscal
Year
2024-2025
Water
Supply,
Treatment
and
Storage
budget
(402060-41200)
for
these
services
. The
City
proactively
plans
for
regulatory
required
updates
as
part
of
the
budget
development
process.
Public
Notification:
None. Attachments: A.
Standard
Agreement
Reviewed/Approved
By:
Assistant
City
Manager
3 of
31 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Chris
Hazeltine
City
Manager
April 15, 2025, Item #2
City of Poway
STANDARD AGREEMENT FOR SERVICES
This AGREEMENT, entered into this 15th day of April, 2025, by and between the CITY OF POWAY (hereinafter referred to as "CITY") and EKI ENVIRONMENT & WATER INC., (hereinafter referred to as "CONSUL TANT").
RECITALS
WHEREAS, CITY desires to obtain the services of highly qualified environmental engineers, water resources planners, and compliance specialists who provide technical qualifications and considerable knowledge of Urban Water Management Planning Act, and any other applicable state guidelines to perform the 2025 Urban Water Management Plan Update (PROJECT);
WHEREAS, CONSULTANT is a(n) specialized environmental and water resources engineering CONSULANT and has represented that CONSUL TANT possesses the necessary qualifications to provide such services; and
WHEREAS, CITY has authorized the preparation of an AGREEMENT to retain the services of CONSUL TANT as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this 4 of31 ATTACHMENT A
April 15, 2025, Item #2
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. This Agreement may be terminated by Consultant for cause in the event of a material breach of this Agreement 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.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents materials prepared or obtained under the terms of this Agreement shall, upon payment for the preparation of said Materials, be the property of City and shall be delivered to City by Consultant upon demand.
5 of 31
April 15, 2025, Item #2
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
.
"Consultant"
means
an
individual
who
, pursuant
to
a
contract
with
a
state
or
local
agency: 6
of31
(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
:
[8l
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.
Eric
Heidemann,
Director
of
Public
Works
April 15, 2025, Item #2
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 the non-assignment party, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
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April 15, 2025, Item #2
(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.
( 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
of
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services.
8 of31
April 15, 2025, Item #2
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
City
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.
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
Section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
electronic
transmission
shall
be
valid
and
binding.
9 of31
April 15, 2025, Item #2
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.
Consultant hereby certifies that all persons providing services to City by Consultant 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.
Consultant further provides that in the event Consultant 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, Consultant 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 Consultant 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.
26. Third Parties.
Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either City or Consultant. Consultant's Services hereunder are being performed solely for the benefit of City. (Remainder of page intentionally left blank.)
10 of 31
April 15, 2025, Item #2
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
ATTEST: Carrie
Gallagher,
CMC
, City
Clerk
APPROVED
AS
TO
FORM:
~~
By:-------------
Alan
Fenstermacher,
City
Attorney
11 of31
EKI
ENVIRONMENT
&
WATER,
INC.
By:
___________
_
Andree
Lee,
Vice
President/Principal
in
Charge
April 15, 2025, Item #2
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the environmental and water resources engineering services to develop the 2025 Urban Water Management Plan Update pursuant to the requirements of the Urban Water Management Act (California Water Code §10610-10656 & §10608), further described in the Scope of Services submitted with the proposal dated February 27, 2025, 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. Consultant shall perform its services consistent with and limited to the professional skill and care ordinarily provided by other professional providing similar services and practicing in the same or similar locality under the same or similar circumstances.
8. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposal submitted with the proposal dated February 27, 2025, which are included in this document as Attachment 2.
Total fee is not to exceed $69,800. 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 April 15, 2024, and ending April 14, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
Notwithstanding the foregoing, Consultant may keep one copy of any documents or materials it created, used, or relied on in providing services under this Agreement for the completion of Consultant's business records.
12 of 31
April 15, 2025, Item #2
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. Applicable of the endorsements which are required below 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.
13 of 31
April 15, 2025, Item #2
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
14 of 31
City of Poway
Department of Public Works -Utilities
P.O. Box 789
Poway, CA 92074
EKI Environment & Water, Inc.
2001 Junipero Serra Blvd., Suite 300
Daly City, CA 94014
April 15, 2025, Item #2
ATTACHMENT
1 D. STATEMENT
OF
SERVICES
:
OUR
APPROACH
TO
THE
SCOPE
OF
SERVICES
Urban
water
suppliers
are
required
to
prepare
Urban
Water
Management
Plans
(UWMPs)
to
support
their
long
term
water
resource
planning
and
to
ensure
that
adequate
water
supplies
are
available
to
meet
existing
and
future
water
demands.
Specifically,
every
"retail
urban
water
supplier"
that
either
provides
over
3,000
acre-feet
of
water
per
year
(AFY)
or
serves
3,000
or
more
connections
and
every
"urban
wholesale
water
supplier"
that
provides
over
3,000
AFY
is
required
to
assess
the
reliability
of
its
water
sources
over
a
20-year
planning
horizon
considering
normal,
dry,
and
multiple
dry
years,
among
other
requirements
(Division
6 Part
2.6 of
California
Water
Code
[(CWC]
§10610
-10656).
These
UWMPs
serve
as
a backbone
planning
document
and
reference
for
water
suppliers,
provide
a foundation
for
SB-610/SB-221
compliant
Water
Supply
Assessments
(WSAs)
and
Water
Supply
Verifications
(WSVs),
and
establish
the
methodology
for
Annual
Water
Supply
and
Demand
Assessments
(AWSDAs)
and
drought
response
.
Therefore,
it
is
crucial
that
UWMPs
provide
a solid
methodology
for
projecting
water
supplies
and
demands
under
various
hydrological
conditions.
As
described
in
more
detail
below,
our
approach
to
developing
the
City's
2025
UWMP
is
centered
on
the
following
key
elements:
1. leverage
a
Proven
Approach
UWMP
Preparation
and
Delivering
Successful
Projects
with
the
City
EKI
has
prepared
UWMPs
for
20 years
and
is
therefore
very
familiar
with
the
required
content,
the
presentation
of
information,
and
the
document
preparation
and
approval
process.
Our
Principal
in
Charge,
Andree
(Johnson)
Lee,
also
led
the
development
of
the
City's
2020
UWMP
and
brings
direct
experience
addressing
the
challenges
unique
to
the
City,
such
as
coordination
with
San
Diego
County
Water
Authority
(SDCWA)
on
supply
projections,
alignment
of
growth
projections
with
the
City's
water
service,
and
planning
for
compliance
with
the
UWUOs.
We
also
have
a
strong
track
record
of
coordinating
closely
with
our
clients,
their
stakeholders,
and
DWR
to
deliver
successful
projects
and
will
employ
the
same
approach
to
deliver
the
2025
UWMP.
For
example,
EKI
will
schedule
bi-monthly
check-in
calls
with
the
City
to
ensure
close
coordination
around
key
decision
points.
Work
products
will
be
presented
first
as
presentations,
and
then
as
draft
work
products
(e.g.,
UWMP
chapters)
so
that
the
City
has
multiple
opportunities
for
input
and
to
ensure
that
the
final
products
meet
or
exceed
expectations.
2. Support
Compliance
with
Applicable
Regulations,
Employ
Innovative
Tools,
and
Use
a
Rigorous,
Data-
Driven
Approach
to
Demand
Estimation
EKI
is
actively
engaged
in
the
development
of
the
2025
UWMP
Guidebook
and
will
keep
the
City
apprised
of
any
significant
revisions.
Further,
with
the
adoption
of
the
MWCCWL
regulations
in
July
2024,
EKI
has
experience
assisting
entities
with
understanding
their
vulnerabilities
under
the
regulation
and
will
leverage
that
to
develop
a realistic
plan
for
compliance
and
consideration
in
the
2025
UWMP.
EKI
has
developed
various
tools
to
support
water
resources
plans,
including
UWMPs
and
Water
Shortage
Contingency
Plans
(WSCPs).
For
example,
EKI
utilizes
an
internal
Water
Supplier
Compliance
Tool
and
dashboard
to
streamline
reporting
across
multiple
requirements,
including
UWMPs,
AWSDAs,
WSAs,
and
UWUOs,
and
facilitate
data
management
and
quality
control.
The
tool
can
be
customized
and
made
available
to
the
City
under
optional
services
of
the
Scope
of
Work.
In
addition,
EKl's
Drought
Response
Tool
(DRT}
enables
Quantitative
WSCP
development.
The
DRT
quantifies
water
savings
opportunities
by
customer
sector
and
end
use,
evaluates
potential
water
savings
from
a
broad
list
of
drought
response
actions,
and
enables
water
suppliers
to
optimize
drought
response
strategies
for
their
WSCPs.
15 of
31 April 15, 2025, Item #2
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lle
The
UWMP
provides
a
basis
to
support
local
and
regional
environmental
documents,
WSAs,
and
grant
applications;
as
such,
a
consistent
and
defensible
methodology
is
necessary
to
ensure
the
credibility
of
the
results.
EKI
uses
proven
defensible
yet
flexible
methods
and
tools
for
developing
water
demand
forecasts
to
address
both
traditional
and
emergent
uncertainties
that
may
influence
future
demands
and
planning
decisions.
For
example,
EKI
uses
appropriate
statistical
methods
to
quantify
the
impact
of
factors
such
as
the
COVID-19
pandemic,
climate
change,
the
recent
droughts,
and
demand
hardening
and
to
conduct
scenario
planning.
Additionally,
EKl's
advanced
supply
forecasting
analyses
under
various
hydrologic
conditions
allow
urban
water
suppliers
to
strategically
manage
water
resources
long-term.
3. Respond
to
New
Conservation
Requirements
With
the
adoption
of
the
State
Water
Resources
Control
Board
(SWRCB)
Making
Water
Conservation
a California
Way
of
Life
(MWCCWL)
regulations
in
July
2024,
urban
water
suppliers
will
need
to
understand
their
vulnerabilities
under
the
regulation
and
develop
a
realistic
and
cost-effective
plan
for
compliance.
To
appropriately
consider
conservation
actions
in
the
2025
UWMPs
and
comply
with
MWCCWL,
EKI
offers
the
option
for
in-depth
analysis
of
the
conservation
programming
for
the
City.
In
addition
to
supporting
the
demand
projections
in
the
2025
UWMPs,
these
optional
services
will
provide
a
realistic
assessment
of
the
remaining
conservation
savings
potential,
evaluate
the
effectiveness
of
specific
conservation
measures,
and
identify
innovative
conservation
program
opportunities
to
meet
the
new
MWCCWL
requirement.
EKI
has
added
these
optional
services
to
the
Scope
of
Work
tasks
that
we
believe
will
significantly
enhance
the
City's
water
conservation
program
evaluation
and
planning
pursuant
to
this
work
effort.
4. Develop
Clear
and
Compelling
Communica
tion
Ma
terials
Accessible
to a
Broad
Audience
We
understand
the
importance
of
getting
input
from
City
management
and
its
stakeholders
throughout
the
project
and
achieving
buy-off
at
key
decision
points
. Our
communication
effort
includes
interviews,
workshops,
and
other
meetings
to
collect
the
necessary
data
and
input
from
multiple
City
departments
and
provide
project
updates.
We
have
found
this
combination
of
touch
points
to
be
effective
for
gathering
consistent
and
complete
information,
understanding
concerns
and
interest,
and
obtaining
buy-in
and
"ownership"
of
the
project.
EKI
is
known
for
providing
high-quality
documents
and
presentations
that
effectively
communicate
technical
information
to
decision-makers
and
stakeholders.
As
the
UWMP
will
ultimately
be
brought
to
the
City
Council
for
adoption,
it
is
important
that
the
analytical
methodology
and
results
be
documented
in
a
manner
accessible
to
16 of31
April 15, 2025, Item #2
this audience, as well as California Department of Water Resources {DWR) reviewers. To that end, the UWMP will incorporate compelling maps, charts and graphics that will support visualization of the results and conclusions. Key data, including modeling details, will be provided in technical appendices to support technical review and inform future planning efforts.
SCOPE OF WORK
EKI has prepared a detailed Scope of Work for this
project. The tasks proposed below are consistent with
those included in the RFP. As described in our
Approach to Services, our scope of work includes a
core set of services {Task 1 through Task 6) to prepare the City's 2025 UWMP to meet statutory and 2025
UWMP Guidebook requirements. We have also
provided one optional task (Task 7) to enhance
the 2025 UWMP.
Task 1-Project Management and Meetings
The EKI Team places high value on collaboration with,
and input from, staff throughout the project
development process to enable the resultant work
product meets or exceeds expectations. This task consists of project management, with an emphasis on transparency and coordination. Data collection and documentation review efforts are covered under Task 2.
Presentations, workshops, and public meetings are covered under Task 5.
Meeting agenda for meetings will be submitted for review one {1) week before the meetings, and draft meeting minutes will be submitted for review one (1) week after the meetings.
Subtask 1.1-Kick-Off Meeting
EKI will schedule, prepare for, and attend a one-hour virtual kick-off meeting with the City's staff. EKI will introduce key members of the project team and review UWMP requirements, the project scope, data needs, communication protocols, and project schedule. EKI will prepare a Data Collection Matrix to be distributed at the kick-off meeting to inform the City of the data needed to prepare the UWMP (Task 4). EKI will also prepare a detailed project schedule that will include: {1) a timeline for the City staff to submit data; and (2) a detailed time line for the preparation of the 2025 UWMP, including project milestones.
Subtask 1.2 -Project Administration
As part of this subtask, the EKI Team will conduct routine communications, coordination, and other project management tasks. EKI will provide monthly invoices to the City supported by progress status reports, which will be broken down by task as identified in this proposal. The progress status reports will include a summary of work completed by task, list of planned activities for the upcoming month, list of pending information needed for the upcoming month, and percent complete/budget status summary.
Subtask 1.3 -Prepare Schedules
The EKI Team will prepare and update the project schedule every two (2) months or as needed. This schedule will outline key milestones, including public notices, draft UWMP preparation, City review periods, public review, and final approvals. The schedule will help track progress and ensure all deadlines are met.
Subtask 1.4 -Project Quality Assurance/Quality Control
EKl's QA/QC Manager will ensure that all work products have received thorough QA/QC reviews performed by independent reviewers with water resource perspectives before submitting deliverables to the City. For budgeting purposes, QA/QC efforts are included in the individual tasks listed in the Scope of Work.
City of Poway
2025 Urban Wate1· Management Plan
17 of 31
ekl
environment
&wate1·
April 15, 2025, Item #2
Subtask 1.5 -Progress and Individual Meetings
EKI will schedule and attend regular progress meetings described below:
Biweekly Progress Meetings: EKI will work with City staff to establish mutually beneficial communication methods, with bi-weekly check-ins throughout the duration of the project. During these meetings, EKI will report project progress, update the project schedule, coordinate upcoming tasks, address pending data requests, and discuss any key challenges or potential issues encountered. It is assumed that these meetings will be held remotely via video conference and will not exceed 30 minutes each.
As-needed Individual Meetings: A meeting with the City Planning staff will also be scheduled to ensure coordination between the 2025 UWMP and the City's land use planning efforts. Additional coordination meetings with SDCWA, DWR, other stakeholders are included in Task 3.
Task 1 Deliverables: ■ Kick-off meeting, agenda, and minutes (1) ■ Bi-weekly progress meetings, agenda, and minutes
■ Monthly progress reports and invoices
■ Bi-monthly project schedule updates
Task 2 -Data Collection and Review of Background Documents EKI will identify and research available publicly available data, records, maps, reports, and plans needed. We will also review the comments provided by the California Department of Water Resources (DWR) on the 2020 UWMP prepared for the City, if any, in order to gain insights and proactively address any previously identified deficiencies. In addition, we will review the new DWR requirements for the 2025 UWMPs to ensure that all data needs, including those associated with any new requirements, have been properly identified.
Following this comprehensive data review, The EKI Team will develop a Request for Information (RFI) to identify any additional information, records, and data needed for the development of the 2025 UWMP. The RFI will include a tabular summary of the additional data and information needs. The RFI will be thorough, aimed at increasing efficiency and minimizing the need for follow-up requests. EKI will work with City staff to identify when the relevant information is likely to become available.
EKI will collect and review the data received in response to the data request. It is assumed that the City will complete the data request within the timeframe specified in the agreed-upon project schedule. To the extent that data are missing, EKI will coordinate with City staff and seek direction regarding potential alternative data sources. If alternative data sources are not available, EKI will evaluate historical data and trends to fill data gaps.
Any assumptions made during this process will be reviewed and validated by the City staff.
Task 2 Deliverables: ■ Draft and final version of the data needs summary (i.e., RFI) Task 3 -Outreach to and Coordination with Other Agencies and Stakeholders Subtask 3.1 -Coordination with San Diego County Water Authority (SDCWA) EKI will coordinate with SDCWA throughout the development of the 2025 UWMP on matters such as the projected availability of future water supplies through 2050; obtaining consistent language for the drought risk assessment to evaluate water supply reliability during a drought lasting five consecutive years; growth projections; and other relevant sections. EKI will also work with the City to ensure SDCWA is involved in the 2025 UWMP Update process as required (e.g., receipt ofthe final adopted 2025 UWMP).
Subtask 3.2 -Coordination with DWR
EKI will interface with DWR as necessary. For budgeting purposes, it is assumed that EKI will attend up to two (2) training sessions offered by DWR regarding 2025 UWMP preparations. It is assumed that EKI will attend with or in lieu of City staff to ensure that the City's 2025 UWMP is prepared in accordance with the DWR guidelines. 18 of 31
April 15, 2025, Item #2
Subtask 3.3 -Draft i\lotice of UWMP Preparation
EKI will work with the City to identify individuals or entities within the service area to solicit input from during the preparation of the UWMP. EKI will draft template coordination letters and notices required by ewe §10621(b), §10620(d)(2), §10642, and Government Code §6066. These template documents will be provided to the City and it is assumed that the City will be responsible for distributing the final letters and notices as appropriate.
Task 3 Deliverables: ■ Draft template coordination letters and notices ■ Correspondence with SDCWA, DWR, and other stakeholders Task 4 -UWMP Preparation and Submittal
This task includes the analysis for major topics of the UWMP. Preparation of TMs, draft and final UWMP documents is included under Task 6.
Subtask 4.1-Water Sys' em Description:
Water System and Service Area Description: Based on the information provided or approved by the City's staff, EKI will update the description of the City's service area, projected growth, climate etc. EKI will incorporate additional details on the service area's social, economic, and demographic factors, including projected growth and how these factors may influence water demand. We will develop the description in compliance with the requirements of the UWMP Guidebook. This subtask assumes that we can largely build from the information and format included in the 2020 UWMP.
Current and Future Population Estimates: EKI will estimate current and future population through 2050 based on information provided by the City (e.g., general plans, Specific Plans, WSAs, etc.), the 2020 Census data, California Department of Finance data, DWR's population tool, and/or other sources of information such as forecasts provided by the San Diego Association of Governments (SAN DAG).
Land Use Information: The EKI Team will compile and analyze current land use data with attention to projected land use changes that could impact water demand. This will include consideration of known planned developments, zoning changes, or other factors that may alter water demand within the City's service area. It is assumed that the City will provide relevant land use information to EKI.
Subtask 4.2 -Calculate and Describe Water Use:
Water Use Characteristics: It is anticipated that City staff will provide EKI with complete water use records in total and by customer sector between Fiscal Years (FY) 2020 and 2025, number of service connections, as well as information related to distribution system losses, based on validated annual reports. EKI will review these demand data (on a per unit and per capita basis) and summarize characteristics of the City's existing water use.
Future Water Demand Calculations: EKI will review existing demand projections developed through other planning processes (e.g. recent master plans, forecasts from SDCWA), if available, along with relevant planning documents (e.g., General Plan or Specific Plan updates, recent WSAs) and recent water use and account data.
EKI will prepare future water demand estimates for use in the UWMP and in preparation of the City's future Water Master Plan update. It is assumed that similar to the 2020 UWMP process, updated demand projections will be made available from SDCWA. EKI will review the assumptions from the SDCWA demand forecast model such as unit water demand, indoor vs. outdoor water use, and water loss, and will alert the City of any discrepancies. For known development where land-use based estimates (e.g., a current WSA) are available, EKI, in coordination with the City, will assess whether land-use based projections are in alignment with or in addition to the population-based growth estimates. Current and future water demands will be presented in total and by customer classes, including distribution system losses, in 5-year increments through 2050. 19 of 31
April 15, 2025, Item #2
Water Use for lower Income Households: Based on the current and projected number of lower income housing units provided by the City (e.g., available from the City's Housing Element), EKI will estimate water use for lower income households to meet the requirements of ewe §10631.1.
Water Savings from Codes and Standards: As part of MWCCWL, beginning in January 2025, and every year thereafter, urban suppliers will be required to calculate and report their UWUO. By January 2027, compliance with the UWUO will be enforced. These specific standards used to determine the City's annual UWUO will be critical with respect to the long-term water conservation and demand planning that must be described within the 2025 UWMP.
Furthermore, Assembly Bill (AB) 1572 was signed into law in October 2023 and took effect in January 2024 prohibiting the use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional (CII) properties. While this is not a specific requirement that will be enforced by DWR, the implications of this new regulation will be critical with respect to the long-term water conservation and demand planning that must be described within the 2025 UWMPs.
Using data provided by the City, we will document the water efficiency codes, standards, and ordinances applicable. We will review these codes, standards, and ordinances along with conservation programs information (Subtask 4.7) to verify the projected water conservation savings in the demand projections as appropriate.
Climate Change Impacts on Water Use: EKI Team will incorporate changes in demand due to climate change based on information from existing climate change studies or climate change analyses, as available. It is assumed that climate change impacts on water use will be addressed qualitatively rather than quantitatively.
Subtask 4.3 -Calculate and Describe Baselines and Targets:
EKI will complete a water use analysis to demonstrate continued compliance with the Water Conservation Act of 2009 (Senate Bill X7-7 [SBX7-7]). Pursuant to SBX7-7 and preliminary guidance from DWR, 2025 UWMPs will need to either (1) report compliance of 2020 water use targets if the system was compliant in 2020 and there was no service area changes between 2020 and 2025; (2) provide 2025 water use if system was not in compliance in 2020; or (3) recalculate 2020 water use target and water use if there was a service area change.
Subtask 4.4 -Quantify and Describe System Water Supplies and Water Sources, Existing and Projected Based on information provided by the City and its wholesaler, the 2025 UWMP will incorporate information regarding the source, nature, and projected availability of the City's current and projected future water supplies on an annual basis in five-year increments through 2050. The 2025 UWMP will update pertinent information for each of the water sources, including, but not limited to:
Purchased Water (i.e. from SDCWA): (1) updates on contracts such as expiration or renewal dates; (2) water quality issues; (3) limitations; and (4) any other conditions. We assume that supply reliability information will be provided by SDCWA.
Wastewater and Recycled Water (i.e. from City of San Diego): (1) volume of wastewater collected with the service area; (2) recycled water level of treatment; and (3) recycled water end use (i.e. non-potable irrigation in the Business Park).
Additional Sources of Water: Based on availability of data, quantify potential new sources of water supply that may become available during the 2025 UWMP planning horizon, including planned potable reuse, if any.
Climate Change Impact to Supply: Incorporate changes in supply due to climate change based on information from existing climate change studies or climate change analyses, as available from the wholesaler or included in State Water Project (SWP) documents. It is assumed that climate change will be addressed in accordance with the 2025 UWMP Guidebook recommendations.
20 of 31
April 15, 2025, Item #2
Subta
sk 4.5
-
Update
Water
Supply
Reliability
Assessment
Based
on
information
provided
by
the
City
and
the
wholesale
agency
(i.e.
SDCWA),
EKI
will
evaluate
supply
reliability
and/or
constraints
of
the
available
supplies
and
evaluate
the
sufficiency
of
the
available
supplies
to
meet
the
demands
identified
in
Subtask
4.2. The
EKI
Team
will
compare
the
total
projected
water
supply
to
projected
water
demand
in
five-year
increments
for
the
next
25 years,
for
normal,
dry,
and
a
period
of
five
dry
years.
To
the
extent
that
there
are
significant
shortfalls
or
uncertainties
identified,
EKI
will
bring
these
issues
to
the
City's
attention
so
that
they
can
be
addressed
prior
to
drafting
the
Administrative
Draft
UWMP.
EKI
will
prepare
a Drought
Risk
Assessment
assuming
a near-term
drought
period
that
lasts
five
consecutive
years
to
meet
the
drought
risk
assessment
requirement
as
well
as
to
support
the
AWSDA
process.
Subtask
4.6 -
Water
Shortage
Continge
ncy
lanning
EKI
will update
the City's
WSCP
based
on
lessons
learned
during
the
recent
drought
and
assess
options
to
reduce
water
demands
under
projected
dry-year
scenarios.
As
part
of
this
task,
we
will
update
the
City's
existing
WSCP
to
reflect: •
The
significant
strides
the
City
and
its
customers
have
made
in
recent
years
in
terms
of
water
conservation
(i.e
., demand
hardening);
•
The
local
public
policy
interest
in
how
water
shortages
are
allocated;
•
The
mechanisms
by
which
the
necessary
cutbacks
can
be
realized
(response
actions);
•
Evaluation
of
trigger
mechanisms
that
the
City
can
utilize
and
options
for
alternatives;
and
•
Discussion
of
the
vulnerability
of
each
of
the
various
facilities
of
a water
system
and
mitigation
of
those
vulnerabilities,
based
on
the
City's
respective
seismic
risk
assessment
and
mitigation
plans.
EKI
has
developed
the
Drought
Response
Tool
(DRT),
an
Excel-based,
user-friendly
model
that
supports
the
quantitative
design
of
WSCPs,
as
required
by
ewe
§10632.
As
part
of
this
task,
we
will
use
the
DRT
for
a
quantitative
assessment
of
current
water
use,
identification
of
the
sectors
and
end
uses
with
the
greatest
potential
for
water
savings
and
quantification
of
the
effectiveness
of
drought
response
actions.
EKI
will
work
also
with
the
City's
staff
to
understand
and
document
the
City's
current
processes
to
evaluate
near
term
drought
conditions
(i.e.,
AWSDA
procedures),
including
data
considered
in
this
assessment
and
timing
of
the
availability
of
these
data.
Subtask
4.7 -
Describe
Demand
Management
Mea
sure
s
EKI
will
work
with
City
staff
to
incorporate
appropriate
water
conservation
information
into
the
2025
UWMP
based
on
the
Demand
Management
Measure
(DMM)
framework
required
per
AB
2067
and
CWC
§10631.
EKI
has
assumed
that
records
of
the
City's
historical
and
projected
future
water
conservation
programs
and
actions
will
be
available
from
the
City,
specifically
with
respect
to
:
•
Water
waste
prevention
ordinances;
•
Metering;
•
Conservation
pricing;
•
Public
education
and
outreach;
•
Programs
to
assess
and
manage
distribution
system
real
loss;
•
Water
conservation
program
coordination
and
staffing
support;
and
•
Other
DMMs
that
have
a
significant
impact
on
water
use
as
measured
in
GPCD,
including
innovative
measures,
if
implemented.
Subtask
4.8 -
Prepare
Water
Energy
Intensity
Report
The
EKI
Team
will
calculate
the
energy
usage
of
the
City
including
the
amount
of
energy
used
for
extraction
or
diversion
of
water
supplies,
storing
or
withdrawing
water
from
storage
conveyance
of
water
supplies
to
water
21 of
31 April 15, 2025, Item #2
treatment plants or distribution system, treatment of water supplies, and distribution of water supplies through its distribution systems. We will also: (1) document other energy-related information; (2) describe the methods and data used to measure, calculate, or estimate amounts; and (3) include an estimation of treated water supplies in comparison to the amount used for non-treated water supplies.
Task 4 Deliverables: ■ Included under Task 6 deliverables Task 5 -Presentations
Subtask 5.1-Presentation to Staff
EKI will summarize the key UWMP analysis results for presentation to the City's staff in three working meetings, covering: (1) contents of Subtasks 4.1 through 4.3, (2) contents of Subtasks 4.4 through 4.8, and (3) after submitting the Administration Draft (Subtask 6.2). Each workshop will include a presentation of the information included in the relevant subtasks and will consist of an approximately one-to two-hour meeting with appropriate staff and stakeholders as identified by the City. During each workshop, EKI will obtain input regarding the presentation of initial findings and guidance from City on how to include information in the TMs and UWMP drafts under Task 6.
Subtask 5.2 -Presentation to the City Council at the Public Hearing EKI will prepare for, attend, and present at the public hearing when final adoption of the UWMP is being considered. For budgeting purposes, it is assumed that the meeting will last up to two hours.
Task 5 Deliverables: ■ Presentation materials (e.g., graphics, slides, and handouts) Task 6 -Project Deliverables
Subtask 6.1-Draft Technical Memorandums
The EKI Team will draft two technical memorandums (TMs) based on the results of the analysis conducted under Task 4 for City staff to review and comment. The first TM will summarize information developed for Subtasks 4.1 through 4.3 regarding water system description and demand projections. The second TM will be drafted upon the completion of the remainder of the UWMP analysis, encompassing Subtasks 4.4 through 4.8. It is assumed that the TMs will be drafted in the format required for relevant UWMP chapters. Comments on the draft TM will be incorporated into the Administrative Draft under Subtask 6.2.
Subtask 6.2 -Administrative Draft 2025 UWMP
Based on feedback received on the TMs, EKI will prepare an Administrative Draft 2025 UWMP. The Administrative Draft 2025 UWMP will be provided to the City's staff for a two-week review and comment period. EKI will present the draft under Subtask 5.1. Following the review period, EKI will meet with key City staff during one of the progress meetings {Subtask 1.5) to discuss comments and agree on an approach to modify the Administrative Draft UWMP.
Subtask 6.3 -Public Review Draft UWMP and Supporting Documentation EKI will review the City's comments on the Administrative Draft 2025 UWMP {Subtask 6.2), as appropriate, and produce the Public Draft 2025 UWMP for public comment and presentation at a public hearing. Following a 30- day public review period and the public hearing, the EKI Team will compile all comments received on the Public Draft 2025 UWMP and at the public hearing and then meet with the City's staff to discuss received by the City as a result of external review and to agree on an approach to modify the Public Draft UWMP (Subtask 1.5). EKI will attend and present at the public hearing as part of Subtask 5.2.
Subtask 6.4 -2025 UWMP Submittal and Address Minor Revisions Requested by DWR As appropriate, EKI will incorporate comments received on the Public Draft UWMP and at the public hearing into a Final 2025 UWMP, as well as the City Council's resolution to adopt the 2025 UWMP. Within 30 days of adoption 22 of 31
April 15, 2025, Item #2
by the City, EKI will electronically submit the Final 2025 UWMP on the City's behalf to DWR via the WUEData Portal and the California State Library. The EKI Team will also assist the City with providing electronic copies of the Final 2025 UWMP to the cities and counties served by the City as well as other relevant stakeholders.
Additionally, the EKI Team will address any minor revisions requested by DWR during their review process to ensure that the Final 2025 UWMP complies with all regulatory requirements and are fully accepted.
Task 6 Deliverables: ■ Two (2) Technical Memorandums in electronic formats ■ Administrative Draft 2025 UWMP (3 hard copies and electronic copies) ■ Public Review Draft 2025 UWMP (3 hard copies and electronic copies) ■ Final 2025 UWMP (3 hard copies and electronic copies) and supporting documentation in Excel and GIS formats
■ Supporting documents for 2025 UWMP adoption (i.e. Notices of Public Hearing, Resolution of UWMP adoption, etc.)
Task 7 -Optional Tasks
0 Optional Subtask 7 .1-Conservation Measure Assessment The recent adoption of the MWCCWL regulation in July 2024 may require an increase in conservation programming in the City's service area. At the same time, demand hardening potentially limits future reduction potential. To appropriately consider conservation in the 2025 UWMP and comply with MWCCWL, EKI proposes to populate the Alliance for Water Efficiency (AWE) Model to make use of its water conservation planning tools. EKI will: (1) use the AWE Water Conservation Tracking Tool California module to estimate the amount of water savings that need to be met by conservation programs for complying with the UWUO; (2) work with the City's staff to prepare a list of conservation measures that include measures currently implemented by the City and new practices available; and (3) using the pre-defined library and parameters embedded in the AWE model, conduct an evaluation of cost and water savings and create a list of high priority programs.
Building upon the future water demand estimates developed under Subtask 4.2, we will further apply the AWE Model to project water demands inclusive of post-2025 water savings estimates for programs analyzed herein and complying with each system's UWUOs. Findings will be documented in Technical Memorandum (TM} #3:
Water Conservation Measure Assessment.
0 Optional Subtask 7.2-Compliance Dashboard
To inform future UWMPs, AWSDAs, WSAs, and
other planning efforts, as well as track progress
towards meeting UWUOs, EKI can provide a
Water Supplier Compliance Dashboard to enable tracking
of existing and projected water demands, demands
associated with future WSAs, conservation program
activity, water savings from existing and additional
conservation measures and legislative requirements, and progress towards meeting UWUOs.
BAIIVSCA.
········~ ~ __ ,..,._. ca
f , ... a.
,,,,,A .... a:
BAWSCA Regional Water Demand Model
I
.... I
Example Water Conservation Dashboard Developed for
Bay Area Water Supply and Conservation Agency
Task 7 Deliverables: ■ Optional TM: Water Conservation Measure Assessment ■ Optional Water Supplier Compliance Dashboard
23 of 31
April 15, 2025, Item #2
PROJECT
SCHEDULE
EKI
is
prepared
to
start
work
on
this
project
immediate
ly upon
authorization
to
proceed.
We
are
committed
to
working
with
the
City
to
comp
lete
and
submit
the
UWMP
by
June
2026,
consistent
with
the
California
Water
Code
Requirements.
A
general
schedule
for
the
project
is
presented
below
.
Task
1-
Project Management
and
Meetings
Task
2 -
Data
Collection
and
Review
of
Background
Documents Task
3 -
Outreach
to
and
Coordination
with
Other
Agencies
and
Stakeholders
Kic
k-Off
Meet
ing
~//////.#/Q//////2'l"ff/////2'XQ////h'l"/////~
~/..
%='j;
DWR
Guidebook
~
~-------------,
Task
4 -UWMP
Preparation
and
Submittal
Anticipated
Mid
-2025
...,.,
_. _____________
.,
Public
Hea
ring
Task
5 -
Presentations
Working
M
eeting
s/11
______
11.,2., _______
_ 11._3 ___
M_e..,et.,..in_g __
,
TMltl
TM/12
Adm
in Draft
Final
UWM
Task
6 -
Project
Deliverables
Publi
cDmft
Task
7 -
Optional
Tasks
DWR
Subm
itta
l by July
1. 2026
♦
=
Meeting/Workshop
*
=
DWR
Submittal/Milestone
Cily
of
Powoy
20/.
5 Ud
x
in
\•\lc:
le1 MClll
Og
ern
enl Plcin
24 of
31 April 15, 2025, Item #2
N
1-
z w
~
:i:::
I.)
s
ATTACHMENT 2
DETAILED COST ESTIMATE
EKI Labor
.; "' 0 "' ; ~ "'
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"' ~ ~
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Task 1-Project Management and Meetings I I
Subtask 1.1-Kick-off Meeting 2 4 1 1
Subtask 1.2 -Project Administration 2 4 1
Subtask 1.3 -Prepare Schedules 2 I
Subtask 1.4 -Project Quality Assurance/Quality Control Program Included in individual efforts below Subtask 1.5 -Progress and Individual Meetings 8 10 2
Subtotal Task 1 0 0 12 20 0 1 4
Task 2-Data Collection and Review of Background Documents Data Collection and Review of Background Documents 8 6 1 Subtotal Task 2 0 0 8 18 0 1 0
Task 3 -Outreach to and Coordination with Other Agencies and Stakeholders Subtask 3.1-Coordination with San Diego County Water Authority (SDCWA) 2 4 Subtask 3.2 -Coordination with DWR 2 1
Subtask 3.3 -Draft Notice of UWMP Preparation 2 2
Subtotal Task 3 0 0 4 8 0 I 1 0
Task 4 -UWMP Preparation and Submittal
Subtask 4.1-Water System Description 2 4 1
Subtask 4.2 -Calculate and Describe Water Use I 10 2 1 4 1 Subtask 4.3-Calculate and Describe Baselines and Targets 1 l Subtask 4.4 -Quantify and Describe System Water Supplies and Water Sources B 4 I 1 Subtask 4.5-Update Water Supply Reliability Assessment 4 1 4 1 Subtask 4.6-Water Shortage Contingency Planning 4 4 1
Subtask 4.7-Describe Demand Management Measures B 4
Subtask 4.8 -Prepare Water Energy Intensity Report 2 1
Subtotal Task 4 2 a I 41 17 2 10 2
Cily of Poway
2025 UIIJrni \.\Joler tvionogen1e11I l'lr.:111
25 of 31
Expenses TOTAL
E .; a: .e .: E "' 0 0 "' w
.,, u e!' "' ~* "' ~ .s:;
-.. -u Q.
~ ~c ~ "' ...J ·-dJ
g-c-.., < "O ..
~ TOTAL($
b -5 ] 0::,
5 _g 2 Rounded) C. .s: u
(S) $20 IS) ($)
$2,128 $0 so $2,200
$1,834 $0 so $1,900
$555 $0 $0 $600
$0 $0 $0 $0
$4,930 $0 so $5,000
$9,446 $0 $0 $9,700
$3,375 $0 $0 $3,400
$3,375 $0 $0 $3,400
$1,464 so $0 $1,500
$850 $0 $0 $900
$909 $0 $0 $1,000
$3,223 $0 $0 $3,400
Sl,301 S40 S40 $1,400
S4,148 $0 $0 $4,200
$454 $0 $0 $500
S2,819 $0 so $2,900
S2,531 $0 $0 $2,600
$2,112 $0 so $2,200
$2,525 $0 $0 $2,600
$631 $0 $0 $700
$16,522 40 40 S17,100
April 15, 2025, Item #2
City of Poway 2025 Urbon Waler Management Pion Detailed Cost estimate. continued ...
EKI Labor Expenses TOTAL
E
~
a:
QJ
,; QJ
~ "' E .e V, QJ 0 ., !l o· 0 ... "' ., C
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V,
1 E .)
~
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~ ~ ~ "'
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8 .., _ u
V,
~
~ > ~ i§ C ...... V, 1:i G 'i:: vi < -' .!:";'
~'§'
-'
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~ ~ it ~ .2 ni t-
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< < < < 0 u .c
152 I 132 I 110 I 267 267 I 283 I 355 IS) s20 ($) IS)
Task 5 -Presentations
I Subtask 5.1-Presentation to Staff at Meetings 12 12 2 1 1 $6,673 so $0 $6,700 Subtask 5.2-Presentation to the City Council at the Public Hearing ! I 8 8 1 2 S4,652 $0 $0 $4,700 Subtotal Task 5 0 ! 0 I 20 20 3 I 1 3 $11,325 $0 so $11,400 Task 6 -Project Deliverables I
Subtask 6.1-0raft Technical Memorandums 8 I 2 36 12 4 1 1 $13,010 $160 $160 $13,200 Subtask 6.2 -Administrative Draft 2025 UWMP 2 I 4 12 6 2 1 1 $5,872 $40 $40 S6,000 Subtask 6.3-Public Review Draft UWMP and Supporting Documentation 4 I
4 4 1 $2,645 $0 $0 $2,700
Subtask 6.4 -2025 UWMP Submittal and Address Revisions Requested by DWR 2 4 4 2 1 1 $2,775 $40 $40 $2,900 Subtotal Task 6 12 14 56 24 8 2 3 S24,302 $240 S300 $24,800 Task 7 -Optional Tasks I
Optional Subtask 7.1-Conservation Measure Assessment 24 8 2 8 2 Sl0,113 so so $10,200 Optional Subtask 7.2 -Compliance Dashboard I 20 2 10 6 1 $9,003 $0 $0 $9,100 Subtotal Optional Task 7 0 I 0 44 10 12 I 14 3 Sl9,116 $0 so $19,300 TOTAL (Without Optional Tasks}: 14 14 141 95 13 16 I 12 68,193 280 280 69,800 TOTAL (With Optional Tasks): 14 14 185 105 25 30 15 87,309 280 280 89,100 (1) A communications charge of 4% of labor costs covers e-mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U.S. postage, and incidental in-house copying. (2) "Other Direct Costs" includes direct expenses, as listed below, incurred in connection with the work and will be reimbursed at cost plus ten percent (10%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.
City of Poway
2025 l/1!Ju11 Weiler tv\cu1c1~e111erd Pion
26 of 31
April 15, 2025, Item #2
STANDARD FEE SCHEDULE
A summary fee schedule is included below for the EKI staff, which includes staff anticipated to complete the project scope of work.
Personnel Classification
Officer and Chief Engineer-Scientist
Principal Engineer-Scientist
Supervising I, Engineer-Scientist
Supervising II, Engineer-Scientist
Senior I, Engineer-Scientist
Senior II, Engineer-Scientist
Associate I, Engineer-Scientist
Associate II, Engineer-Scientist
Engineer-Scientist, Grade 1
Engineer-Scientist, Grade 2
Engineer-Scientist, Grade 3
Engineer-Scientist, Grade 4
Engineer-Scientist, Grade 5
Engineer-Scientist, Grade 6
Project Assistant
Technician
Senior GIS / Database Analyst
CADD Operator/ GIS Analyst
Senior Administrative Assistant
Administrative Assistant
Secretary
Hourly Rate
355
343
333
319
306
295
283
267
248
234
215
193
170
148
139
133
175
152
167
132
111
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus fifteen percent (15%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work.
b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work. 27 of31
April 15, 2025, Item #2
A
Communication
charge
for
e-mail
access,
web
conferencing,
cellphone
calls,
messaging
and
data
access,
file
sharing,
local
and
long
distance
telephone
calls
and
conferences,
facsimile
transmittals,
standard
delivery
U.S.
postage,
and
incidental
in-house
copying
will
be
charged
at
a
rate
of
4%
of
labor
charges.
Large
volume
copying
of
project
documents,
e.g
., bound
reports
for
distribution
or
project-specific
reference
files,
will
be
charged
as
a
project
expense
as
described
above.
Reimbursement
for
company-owned
automobiles,
except
trucks
and
four-wheel
drive
vehicles,
used
in
connection
with
the
work
will
be
at
the
rate
of
sixty
cents
($0
.60)
per
mile.
The
rate
for
company-owned
trucks
and
four-wheel
drive
vehicles
will
be
seventy-five
cents
($0.75)
per
mile
.
There
will
be
an
additional
charge
of
thirty
dollars
($30
.00)
per
day
for
vehicles
used
for
field
work
.
Reimbursement
for
use
of
personal
vehicles
will
be
at
the
federally
allowed
rate
plus
fifteen
percent
(15%)
.
CADD
and
other
specialized
software
computer
time
will
be
charged
at
twenty
dollars
($20.00)
per
hour.
In
house
material
and
equipment
charges
will
be
in
accordance
with
the
current
rate
schedule
or
special
quotation.
Excise
taxes,
if
any,
will
be
added
as
a direct
expense.
Rate
for
professional
staff
for
legal
proceedings
or
as
expert
witnesses
will
be
at
a rate
of
one
and
one-half
times
the
Hourly
Rates
specified
above.
The
foregoing
Schedule
of
Charges
is
incorporated
into
the
Agreement
for
the
Services
of
EKI
Environment
&
Water,
Inc.
and
may
be
updated
annually.
28 of
31 April 15, 2025, Item #2
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 rece1vmg 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)
29 of 31
(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 April 15, 2025, Item #2
appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (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:
30 of31
(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.
April 15, 2025, Item #2
(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
Sections
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).
31 of
31 DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT
April 15, 2025
Honorable Mayor and Memb/;_rs of the City Co�cil
Eric Heidemann, Director of Public Works ti
Danielle McIntosh, Senior Management Analy�
(858) 668-4729 or [email protected]
City of Poway
CITY COUNCIL
Award of Agreement to The Arc of San Diego for Parks Ground Maintenance Services The City of Poway (City) seeks to continue partnering with The Arc of San Diego to provide parks ground maintenance services through a vocational service program for adults with disabilities. The City has partnered with The Arc of San Diego since 1998. The current Agreement expires on April 30, 2025. In order to continue this partnership, the City seeks to enter into a new Agreement with The Arc of San Diego for these services. The term of the Agreement is one (1) year, beginning May 1, 2025, through April 30, 2026. The Agreement may be extended through a total of two (2) separate one-year extensions, subject to City Council appropriation of funds. The maximum length of the Agreement will be up to three (3) years.
Recommended Action:
It is recommended City Council award the Agreement for parks ground maintenance services with The Arc of San Diego and authorize the City Manager to execute the necessary documents.
Discussion:
The City has partnered with The Arc of San Diego since 1998 to provide job training programs for adults with disabilities. The Arc of San Diego is a not-for-profit organization and one of the region's largest human-services agencies, dedicated to providing resources and training to individuals with disabilities. Their focus is on offering workforce training that supports and empowers people with disabilities. The current Agreement between the City and The Arc of San Diego is set to expire on April 30, 2025. To continue this partnership, staff recommends entering into a new Agreement with The Arc of San Diego to continue providing these services. This mutually beneficial Agreement with The Arc of San Diego helps supplement City staff in beautifying City parks, while the City provides a safe environment where participants, including some trainees who are Poway residents, can engage in important work and acquire meaningful skills that may help secure employment through this vocational program and partnership.
1 of22
April 15, 2025, Item #3
April 15, 2025, Item #3
Under the Agreement, The Arc of San Diego will provide four (4) trainee positions, along with a job coach, to perform park ground maintenance services at various locations throughout the City as part of a vocational program. Services will include minor landscape maintenance and litter abatement to help keep our parks clean and inviting for visitors. Trainees will work four (4) days a week, for four {4) hours each day. This partnership between the City and The Arc of San Diego offers individuals, many of whom may have little or no work history, the opportunity to develop job skills, build workplace confidence, and enhance self-esteem through vocational training. The overall goal is to create opportunities for trainees to secure and retain stable employment in the community.
The current Agreement, set to expire on April 30, 2025, has an annual cost of $71,469. The proposed new cost is $83,842.56, reflecting an increase due to minimum wage requirements. Additional years will be evaluated at the time of each extension. To help cover the costs of the litter abatement portion of the services, grant funds from the Cal Recycle Beverage Container Recycling Grant will continue to supplement the budget. The Beverage Container Recycling Grant is made available on a yearly basis, with approximately $6;330 budgeted annually to fund these services, under the category of litter clean-up. The ongoing support helps ensure successful implementation of litter reduction programs.
The Initial term of the proposed Agreement with The Arc of San Diego will be one (1) year, beginning May 1, 2025, through April 30, 2026. The Agreement may be extended subject to City Council appropriation of funds, for a total of up to two (2) separate one-year extensions. The maximum length of the Agreement will be three (3) years.
Environmental Revjew:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are avaflable in the Fiscal Year 2024-25 budget In the Park, Trail and Landscape Maintenance Division (414040-41200) and the Beverage Container Recycling Program (PG025).
Amounts for subsequent fiscal years will be included In the annual budget process for Council's consideration.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/Approved By:
W~s~
Assistant City Manager
2 of22
Reviewed By:
Alan Fenstermacher
City Attorney
April 15, 2025, Item #3
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of May, 20251 by and between the CITY OF POWAY (hereinafter referred to as "City") and THE ARC OF SAN DIEGO, a California corporation. ("the CONTRACTOR").
RECITALS
WHEREAS, City desires to obtain the services for providing ground maintenance services at various parks throughout the city;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit 'W' 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
11 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 delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
3 of22 ATTACHMENT A
April 15, 2025, Item #3
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 wi1hin 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 wr(tten 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.
4 of22
April 15, 2025, 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:
s of22
(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.
April 15, 2025, Item #3
DISCLOSURE DETERMINATION:
[gJ 1. Contractor Will not be "making a government decision" or "serving itt 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 sneets, 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.
6 of22
April 15, 2025, 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, lev'ies, costs and exl)enses, 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.
7 of22
April 15, 2025, 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.
8 of22
April 15, 2025, 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 certified1 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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April 15, 2025, Item #3
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.
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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April 15, 2025, 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
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By: ___________ _
Alan Fenstermacher, City Attorney
11 of 22
THE ARC OF SAN DIEGO
By:------------
Chad Lyle, Vice President of Finance
and CFO
April 15, 2025, Item #3
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Contractor agrees to perform Parks Ground Maintenance Services as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. The City reserves the right to modify the location and tasks as deemed necessary to accommodate the evolving needs of the city parks.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on January 24, 2025, which is 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 (1 0) 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 May 1, 2025, and ending April 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 two (2) additional one-year period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years 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 April 30, 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 City or produced for City for the purposes of this Agreement.
12 of 22
April 15, 2025, Item #3
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' Compehsation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
''Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City.''
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City.''
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
13 of 22
April 15, 2025, Item #3
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to lhe following addresses:
14 of22
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
The Arc of San Diego
3030 Market St.
San Diego, CA 92102
(Remainder of page intentionally left blank)
April 15, 2025, Item #3
The Arc~
of San Diego
ATTACHMENT 1
Anthony DeSalis, President & CEO
Esther Coit, Board Chair
www.arc-sd.com
3030 Market Street • Tel 619 685-1175
San Diego, CA 92102 . Fax 619 234-3759
January 24, 2025
The Arc ~f San Diego is submitting this proposal to continue to provide grounds maintenance services for the City of Poway (Customer) for the calendar period of 5/1/2025 -4/30/2026.
Effective January 1, 2025, the State of California mandated a minimum wage increase to $16.S0 per hour. This increase, reflected in our contract period, necessitates an adjustment to our rates to account for the higher labor costs associated with providing contracted services. Furthermore, the rising costs of operating our company vehicles, including fuel expenses, have also contributed to increased labor costs. The Arc of San Diego deeply appreciates the opportunity to continue operating this training program at the City of Poway1s various park locations, empowering adults with intellectual and developmental disabilities with valuable skills in the grounds maintenance industry. Details of our services are outlined below:
1. Trainees
The Arc of San Diego will provide the Trainees. The Trainees will be selected by The Arc of San Diego. Customer will have the opportunity to provide feedback regarding Trainee selection, upon request.
2. Staff
A Job Coach will be on the premises at all times that tne Trainees are working. The Job Coach will be an employee of The Arc of San Diego. Their primary responsibility will be to train and to supervise the Trainees and to ensure that the work is performed to Customer's specifications.
3. Work Period
Trainees perform grounds maintenance services at Customer's various sites as scheduled: Monday, Tuesday, Thursday, and Friday from 8:00am -12:00pm. Day and time may be adjusted by Customer with at least 48 hours advanced notice.
4. The Arc of San Diego Responsibilities
a. Identify and provide a labor force ofTraihees with disabilities, sufficient to perform the Scope of Work. b. Complete the agreed work to be performed In Schedule A. c. Provide training assistance and support for the Job Coach and Trainees, and enforce Customer's personnel policies, procedures, dress code, work habits, and responsibilities as they pertain to the Trainees.
d. Provide remuneration to the Trainees for the work performed. The Arc of San Diego does not pro-rate the monthly fee for Trainees' absences, instead the Job Coach will become a working member of the team. The Arc of San Diego does pro-rate the monthly fee for rain days. e. Provide Workers' Compensation insurance, employee benefits, etc. for Trainees. f. Provide proof of insurance to Customer on request.
g. Share with Customer responslbility of providing a safe working environment that conforms to OSHA standards.
l
1S of 22 I s
April 15, 2025, Item #3
S. Customer's Responsibilities
a. Reimburse The Arc of San Diego for the work performed by the Trainees in the amount of:
May 1, 2025 -April 30, 2026: $6,986.88 per month.
This amount shall be invoiced monthly ih arrears. This amount includes Trainee benefits, payroll taxes, services, Workers' Compensation, liability insurance, etc. b. Provide all equipment and supplies necessary for the performance of the work assigned. c. Provide enough work to keep the agreed-upon number of Trainees engaged in work while on site.
6. Renewal Options
The Arc requests the terms be reevaluated and renewed in yearly option periods for a period not to exceed three years (May 1, 2025 -April 30, 2028) with a proposed yearly update to services and reimbursement.
We look forward to continuing our valuable community partnership and deeply appreciate the opportunity to provide meaningful employment opportunities for the individuals we serve.
Matt Mouer
Vice President and COO
The Arc of San Diego
16 of22
April 15, 2025, Item #3
City of Poway -Schedule A
The Arc of San Diego -Daily Routine/Schedule
Monday -Lake Poway
• Clean the fish cleaning table
• Empty the hot coal bins and BBQs (only if the coals are cool) • Pick up the ground trash
• Remove the full trash can bags and replace the new bc1gs • Place the full trash bags near the parking lot curb for City staff to pick up • Rake, sweep, and blow off the playground surfaces
• Sweep the ball field dugouts
Tuesday -Old Poway & Aubrey Park
• Empty the hot coal bins ,ind BBQs (only if the coals are cool) • Pick up the ground trash
• Remove the full trash can bags and replace the new bags • Place the full trash bags near the parking lot curb for City staff to pick up • Rake, sweep, and blow off the playground surfaces
• Rake leaves, as needed, around the picnic tables and ball field walking path • Sweep the boardwalk along Midland Road of fallen Olives, as needed • Pick up trash in the following parking lots: Hamburger Factory, Old Midland, Veterinarian Clinic, Aubrey Park, and Farmers Market
Thursday -Community Park
Meet with an off-site crew to work in one of the following areas:
• Pick up ground trash, leaves, and debris along the Pomerado Road south wall, beginning just south of Robinson and heading north towards Glen Oak.
• Pick up ground trash, leaves, and debris along the Carriage Road medians, beginning at Poway Road and heading north to the entrance of Starridge Park
• Pick up ground trash, leaves, and debris, and remove weeds at the northwest corner of Community Road and Metate Lane
Friday -Community Park
Meet with an off-site crew to work in one of the following areas:
• Continue picking up grolJnd trash, leaves, and debris along the Pomerado Road south wall, heading north towards Glen Oak.
• Pick up ground trash, leaves, and debris along the Carriage Road medians, heading north to the entrance of Starridge Park
• Pick up ground trash, leaves, and debris at the Community Park parking lot and picnic areas • Clean up the planters by removing spent flowers and weeds, and raking up leaves around the buildings and pool area
17 of 22
April 15, 2025, 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 An11otatefl > GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension atul 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)
18 of 22
(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 April 15, 2025, 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:
19 of 22
(1)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)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.
April 15, 2025, 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 (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:
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 (t)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
20 of 22
April 15, 2025, Item #3
GUARANTY
To the City of Poway, City Council, for:
PARKS GROUND MAINTENANCE 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
21 of 22
April 15, 2025, 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."
22 of 22
April 15, 2025, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
April 15, 2025
Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance ·7--fJ-,prCS
Brad Rosen, Assistant Director of Finance Operations ~
(858) 668-4452 or [email protected]
CITY COUNCIL
Authorization to Purchase City Hall Servers Utilizing NASPO ValuePoint Purchasing Program Contract #7-15-70-34-002 from Nth Generation Computing, Inc.
The City of Poway (City) approved Fiscal Year 2024-25 Capital Improvement Project Fund budget includes funding to purchase technology hardware including servers for the City Hall data center. The City is a member of several cooperative purchasing organizations including the National Association of State Procurement Officials (NASPO) ValuePoint which establishes and provides nationwide competitively solicited purchasing contracts that can be utilized by member agencies. For optimal pricing, it is recommended the purchase of the technology hardware be made through the NASPO ValuePoint Purchasing Program utilizing Contract #7-15-70-34-002 with Nth Generation Computing, Inc. The total estimated cost for this purchase, including hardware, associated software, 24/7 maintenance and hardware support, and sales tax is $85,393.12.
Recommended Action:
It is recommended the City Council authorize the purchase of servers for City Hall for a total cost of $85,393.12 from Nth Generation Computing, Inc. and authorize the City Manager to execute the necessary documents.
Discussion:
As part of the City's asset management replacement program to keep hardware technology current and supported by the manufacturers, funds were budgeted this fiscal year for the replacement of the City Hall data center equipment. The current hardware was purchased in 2020 and provides the infrastructure for most of the City's major applications and public facing websites. After an analysis of current technology and the City's use of its current server computing environment, it was determined to replace the existing servers with current models of Hewlett Packard Enterprise (HPE) equipment to keep the technology and manufacturer consistent across all City data centers. 1 of 6
April 15, 2025, Item #4
It
is
recommended
the
HPE
servers,
associated
software,
and
24/7
maintenance
and
support
be
replaced
through the
NASPO
ValuePoint
Purchasing
Program
utilizing
Contract
#7-15-70-34-002
with
Nth
Generation
Computing,
Inc.
as
the
reseller.
All
agreements
offered
through
the
NASPO
ValuePoint
Cooperative
Purchasing
Program
have
been
awarded
via
a thorough
Request
for
Bid
(RFB)
competitive
solicitation
program
by
a
public
agency/government
entity
(e.g.,
state,
City,
county,
public
university,
or
school
district).
The
program
provides
a
streamlined
and
effective
procurement
option
by
establishing
agreements
with
manufacturers
and
suppliers
currently
on
an
existing
multiple
award
schedule
with
a
competitive
procurement
procedure.
Section
3.28.110
of
the
Poway
Municipal
Code
permits
the
use
of
cooperative
purchasing
programs
for
procurement
of
supplies,
services,
and
equipment
when
the
administering
agency
has
made
their
purchase
in
a
competitive
manner.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
City
proactively
plans
for
the
replacement
of
its
Information
Technology
assets
by
annually
setting
aside
a
portion
of
the
anticipated
replacement
costs.
As
such,
sufficient
funding
is
available
in
the
Fiscal
Year
2024-25
Capital
Replacement
Equipment
Fund
(115010-61212)
for
the
purchase
of
server
replacements
for
the
City
Hall
data
center.
The
total
cost
of
this
purchase
is
$85,393.12.
Public
Notification:
None. Attachments: A.
Nth
Generation
Computing,
Inc.
Proposal
Reviewed/Approved
By:
Assistant
City
Manager
2 of6
Reviewed
By:
Alan
Fenstermacher
City
Attorney
City
Manager
April 15, 2025, Item #4
a#t
h
IJIT
G-ENERATION
Account
Manager
: Carol
Herr
Inside
Sales:
Mifi
Stewart
Email
Orders
To
:
[email protected]
Email
:
[email protected]
Email
:
[email protected]
Phone
: 858-451-2383x372
Project
#:114190
Quote
Date:
03/04/2025
Quote
Expires:
04/30/2025
Quote#:
169996
Quoted
to
:
Dawn
Winter
City
of
Poway
13325
Civic
Center
Drive
P.
O.
Box
789
Poway,
CA
92064-0789
Ship
to
:
Production
HPE
Compute
refresh
PART#
QTY
DESCRIPTION
UNIT
PRl~PRICE
7 --
--------------------------
--
CANASPO
The
following
was
quoted
in
accordance
with
the
CA
NASPO
ValuePoint
Contract
(California
Contract
#7-15-70
-34-002)
and
utilizes
promotional
offers
. Please
make
your
purchase
order
out
to
Nth
Generation
Computing
and
Reference
the
CA
NASPO
ValuePoint
Contract
#7
-15-70
-34
-002
.
Hardware
P52499-B21
4 HPE
DL360
Gen11
8SFF
CTO
Server
$1
,863.00
$7,452
.00
P67092-B21
4 Intel
Xeon-Silver
4514Y
2.0GHz
16-core
150W
Processor
$1
,165.00
$4,660
.00
for
HPE
P64707-B21
48 HPE
64GB
(1x64GB)
Dual
Rank
x4
DDR5-5600
CAS-46
$497.00
$23,856
.00
-45-45
EC8
Registered
Smart
Memory
Kit
R2E09A
4 HPE
SN1610Q
32Gb
2-port
Fibre
Channel
Host
Bus
$965
.00
$3,860
.00
Adapter
P26256-B21
4 Broadcom
BCM57412
Ethernet
10Gb
2-port
SFP+
OCP3
$176
.00
$704.00
Adapter
for
HPE
P51181-B21
4 Broadcom
BCM5719
Ethernet
1Gb
4-port
BASE-T
OCP3
$94
.00
$376
.00
Adapter
for
HPE
P48908-B21
4 HPE
Proliant
DL3X0
Gen11
1 U
High
Performance
Fan
Kit
$227
.00
$908
.00
P03178-B21
8 HPE
1 000W
Flex
Slot
Titanium
Hot
Plug
Power
Supply
Kit
$197
.00
$1,576.00
AF556A
8 HP
1.83m
1 0A
C13-UL
US
Pwr
Cord
$9.00
$72
.00
P51911-B21
4 HPE
DL360
Gen11
CPU1/OCP2
x8
Enable
Kit
$36.00
$144
.00
P48183-B21
4 HPE
NS204i-u
Gen11
NVMe
Hot
Plug
Boot
Optimized
$600
.00
$2,400
.00
Storage Device
17055
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Bernardo,
San
Diego
,CA
92127
858-451-2383
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Page
1 of
4 3 of6
ATTACHMENT
A
April 15, 2025, Item #4
a#th
.IJITG-ENERATION
Account Manager: Carol Herr
Inside Sales: Mifi Stewart
Email Orders To: [email protected]
Email: [email protected]
Email: [email protected]
Phone: 858-451-2383x372
Project #:114190 Quote Date: 03/04/2025 Quote Expires: 04/30/2025 Quote #:169996 Quoted to:
Dawn Winter
City of Poway
Ship to:
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92064-0789
Production HPE Compute refresh
P48905-B21 4 HPE Proliant DL3XX Gen11 High Performance Heat Sink Kit
P48920-B21 4 HPE Proliant DL360 Gen11 NS204i-u Front Cable Kit P52341-B21 4 HPE Proliant DL3XX Gen11 Easy Install Rail 3 Kit Veeam BU Server
P52499-B21 1 HPE DL360 Gen11 8SFF CTO Server
P49610-B21 1 Intel Xeon-Silver 441 0Y 2.0GHz 12-core 150W Processor for HPE
P43322-B21 4 HPE 16GB 1 Rx8 PC5-4800B-R Smart Kit
P48895-B21 1 HPE Proliant DL360 Gen11 8SFF x1 U.3 Tri-Mode Backplane Kit
P40497-B21 2 HPE 480GB SATA RI SFF BC MV SSD
P40503-B21 2 HPE 960GB SATA 6G Mixed Use SFF BC Multi Vendor SSD
P26259-B21 1 Broadcom BCM57412 Ethernet 10Gb 2-port SFP+ Adapter forHPE
R2E09A 1 HPE SN1610Q 32Gb 2-port Fibre Channel Host Bus Adapter
P47789-B21 1 HPE MR216i-o Gen11 x16 Lanes without Cache OCP SPDM Storage Controller
P51181-B21 1 Broadcom BCM5719 Ethernet 1Gb 4-port BASE-T OCP3 Adapter for HPE
P48907-B21 1 HPE Proliant DL3X0 Gen11 1 U Standard Fan Kit $88.00
$31.00
$51.00
$1,863.00
$895.00
$181.00
$119.00
$254.00
$444.00
$216.00
$965.00
$494.00
$94.00
$134.00
17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 nth.com 4of6
$352.00
$124.00
$204.00
$1,863.00
$895.00
$724.00
$119.00
$508.00
$888.00
$216.00
$965.00
$494.00
$94.00
$134.00
April 15, 2025, Item #4
611th
IJITG-ENERATION
Account Manager: Carol Herr
Inside Sales: Mifi Stewart
Email Orders To: [email protected]
Email: [email protected]
Email: [email protected]
Phone: 858-451-2383x372
Project#: 114190 Quote Date: 03/04/2025 Quote Expires: 04/30/2025 Quote #: 169996 Quoted to:
Dawn Winter
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92064-0789
Ship to:
Production HPE Compute refresh
[!=>ART# QTY DESCRIPTION UNIT PRICE EXT PRICE I
--------------------
P38995-B21 2 HPE 800W Flex Slot Platinum Hot Plug Low Halogen $105.00 Power Supply Kit
AF556A 2 HP 1.83m 1 0A C 13-UL US Pwr Cord $9.00
P51911-B21 1 HPE DL360 Gen11 CPU1/OCP2 x8 Enable Kit $36.00 P52416-B21 1 HPE DL360 Gen11 8SFF x1 TM Cbl Kit $85.00
P35876-B21 1 HPE CE Mark Removal FIO Enablement Kit $1.00 P48904-B21 1 HPE Proliant DL3X0 Gen 11 1 U Standard Heat Sink Kit $43.00 P52341-B21 1 HPE Proliant DL3XX Gen11 Easy Install Rail 3 Kit $51.00 P07818-B21 1 HPE DDR-4 DIMM Blanks Kit $13.00
QK734A 2 HP Premier Flex LC/LC OM4 2f 5m Cbl $12.00
AF556A 14 HP 1.83m 1 QA C 13-UL US Pwr Cord $9.00
J9283D 2 Aruba 1 0G SFP+ to SFP+ 3m DAC Cable $71.00
Software
E6U64ABE 5 HP iLO Adv incl 3yr TS U E-L TU $354.00
Support
HU4A6A4 1 HPE 4Y Tech Care Essential Service
HU4A6A4:R2M 5 HPE iLO Advanced Non Blade Support $21.00 HU4A6A400DJ 5 HPE DL360 Gen11 Support $4,373.00
Subscription
S1A05A 4 HPE Compute Cloud Management Server FIO Enablement $1.00 17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 5 of6
nth.com
$210.00
$18.00
$36.00
$85.00
$1.00
$43.00
$51.00
$13.00
$24.00
$126.00
$142.00
$1,770.00
$105.00
$21,865.00
$4.00
April 15, 2025, Item #4
a#t
h
.IW
G-ENERATION
Account
Manager:
Carol
Herr
Inside
Sales
:
Mifi
Stewart
Email
Orders
To
:
[email protected]
Email
:
[email protected]
Email
:
[email protected]
Phone
: 858-451-2383x372
Quot
ed
to
:
Dawn
Winter
City
of
Poway
Project#:114190
13325
Civic
Center
Drive
P.O. Box789
Poway,
CA
92064-0789
Quote
Date:
03/04/2025
Quote
Expires:
04/30/2025
Ship
to
:
Production
HPE
Compute
refresh
Quote
#:169996
--------~---------
-~-----
---------
PART#
QTY
DESCRIPTION
UNIT
PRICE
EXT
PRICE
S1A05A R7A12AAE
1 HPE
Compute
Cloud
Management
Server
FIO
Enablement
5 HPE
Greenlake
for
Compute
Ops
Management
Enhanced
5-year
Upfront
Proliant
Saas
Quote
Subtotal
Tax
Rate
7.750%
Est.
Shipping
*
Payment
Terms
$1.00
$620
.00
$1
.00
$3,100
.00
$81,182.00 $81,182.00 $4,211.12
Net
30 days
TOTAL
DUE
$85,393.12
• Thank
you
for
allowing
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Generation
to
provide
you
with
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above
quotation
. Charges
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estimated
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, please
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rep
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April 15, 2025, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
April 15, 2025
Honorable Mayor and Members of the City C~cil
Eric Heidemann, Director of Public Works ti,
Danielle McIntosh, Senior Management Analyst ::r::rY)
(858) 668-4729 or [email protected]
CITY COUNCIL
Set Public Hearing to Consider Adoption of FY 2025-26 Solid Waste Rate Increase for EDCO Waste and Recycling Services
The City of Poway (City) has a Franchise Agreement (Agreement) with EDCO Waste and Recycling Services (EDCO) to provide residential and commercial solid waste, recyclables, and organic waste collection services. The Agreement allows for annual rate adjustments based on increases in the San Diego-Carlsbad area Consumer Price Index (CPI) and increases in solid waste disposal fees under the Regional Solid Waste Association (RSWA) Agreement, to which Poway is a party. EDCO has submitted a rate review adjustment request for FY 2025-26. The CPI increased 2.77 percent from the second half of 2023 to the second half of 2024, and the disposal fee increased 3.42 percent, or $51.93 per ton.
Therefore, the proposed monthly rate for single family 95 gallon cart, the most common residential service, would increase from $31.37 to $32.23, and the monthly commercial rate for a three-yard bin serviced once per week, the most comm.on commercial service, will increase from $137.82 to $141.88.
Recommended Action:
It is recommended City Council direct staff to set the public hearing for June 3, 2025, and proceed with the Proposition 218 process which includes the notice of public hearing to customers on behalf of the City (Attachment A).
Discussion:
The City has an exclusive Agreement with EDCO for solid waste, recyclables and organic waste collection services (solid waste). The Agreement establishes the annual procedure and methodology for setting rates for residential and commercial solid waste collection. On February 21, 2025, EDCO proposed an adjustment to the solid waste rates in accordance with Article 8 of the Agreement. The full rate review package can be found in Attachment B. The City's residential collection service rates are comprised of four (4) components: 1) service fee; 2) disposal fee; 3) AB 939 fee; and 4) franchise 1 of23
April 15, 2025, Item #5
fee. The City's commercial collection service rates are comprised of three (3) components: 1) service fee; 2) disposal fee; and 3) franchise fee. Adjustments to the service fee and disposal component of rates (residential and commercial) are proposed at this time based on changes in CPI and disposal fee methodologies specified in the RSWA Agreement with EDCO. No increases to the AB 939 fee or changes in the percentage collected for franchise fees are being requested at this time.
Service Fee: The Agreement allows for annual increases in the service fee component of EDCO's solid waste collection rates up to the annual percentage increase in the San Diego-Carlsbad area CPI for All Urban Consumers (all items) published by the United States Department of Labor, Bureau of Labor Statistics. The CPI adjustment is based on the second half of the previous twelve-month period for which statistics are available. The formula used to calculate the percentage change for the service fee portion of the base rate is calculated by determining the difference between the San Diego-Carlsbad CPI for the second half of 2023 (365.529) and the second half of 2024 (375.656), then dividing the index change (10.127 points) by the CPI of the previous period (365.529) and multiplying that by 100, which results in an increase of 2.77 percent. This is the multiplier used for the service fee portion of the residential and commercial solid waste collection rates. The CPI increase is meant to account for increased costs in labor, fuel, capital replacements and administrative costs. An illustration of this formula is provided in the table below.
Table 1: CPI Formula Calculation
SERVICE FEE PORTION FORMULA
CPI Second Half (SD-Carlsbad) 2023 365.529
CPI Second Half (SD-Carlsbad) 2024 375.656
CPI Change (2024-2023) 10.127
Percentage Change [(2024-2023)/2023] x 100 2.77%
Disposal Fee: A disposal fee is the charge levied upon a given quantity (e.g. ton) of waste received at a processing facility, such as a landfill. The City is a member of RSWA, and RSWA's Agreement with EDCO regulates the disposal fees for its member agencies. Effective July 1, 2025, the disposal fee will increase 3.42 percent from $50.21 per ton to $51.93 per ton (Attachment C). The adjustment for FY 2025-26 is a result of a combination of two calculations. First, two-thirds of the current disposal fee is adjusted by the annual percentage increase (December-December) in the Los Angeles-Long Beach Anaheim area CPI for All Urban Consumers (all items) published by the United States Department of Labor, Bureau of Labor Statistics. Secondly, one-third of the total disposal rate is adjusted by the percentage increase over the immediately preceding calendar year's total volume (tons) of municipal solid waste produced by RSWA member cities subtracted from the CPI percentage increase applicable to the two-thirds of the disposal rate. For residential rates, the landfill disposal fee represents a $0.16 increase to the disposal fee. For commercial and multi-family rates, the landfill disposal fee increase varies depending on the level and frequency of service, but the increase to current disposal fees ranges from $0.37 (one-yard bin picked up once per week) to $13.34 (six-yard bin picked up six times per week).
Commingled Organic Recycling Fee: The proposed rate incr.eases also include residential and commercial organic service fees, as a result of SB 1383, Short-Lived Climate Pollutants and AB 1826, Mandatory Commercial Organics Recycling legislation. Organic waste means food scraps, food-soiled paper waste, yard trimmings and nonhazardous wood waste. As part of the solution for compliance, EDCO operates an anaerobic digestion facility to manage the organic waste requirements. This facility 2 of23
April 15, 2025, Item #5
helps
the
City
meet
the
requirements
of
AB
1826
and
SB
1383
by
diverting
organic
waste
from
residential
and
commercial
customers
away
from
landfills.
Commercial
organic
rates
will
vary
depending
on
the
size
of
the
carts/bins
and
frequency
of
service.
The
more
common
service
levels
are
listed
in
the
table
below:
Table
2:
Commercial
Organic
Collection
Services
Size
Frequency
(per
week)
Extra Pickup
1 2 3
Cart
(65
gal.)
$108.70 $217.40
$326.10
$43.48
Cart
(95
gal.)
$122.59 $245.19 $367.80
$49.03
2 Cubic
Yard
$198.83 $397.67
$596.49
$79.53
Overview
of
Residential
and
Commercial
Rates:
The
following
tables
show
the
current
and
proposed
FY
2025-26
monthly
solid
waste
collection
service
rates
for
the
three
most
common
levels
of
service.
The
tables
include
the
10 percent
franchise
fee,
which
is
applied
to
all
rates,
and
the
$1.20
AB
939
fee,
which
is
collected
monthly
from
single
family
residential
customers,
which
EDCO
passes
through
to
the
City
for
source
reduction
and
recycling
programs,
such
as
funding
the
Household
Hazardous
Waste
Facility.
Table
3:
Residential
35-Gallon
Service
35-Gallon
Residential
Cart
Single
Family
Monthly
Rate
Current
Proposed
Service
Fee
$14.76 $15.17
Disposal
Tip
Fee
$4.69 $4.85
Franchise
Fee
10%
$2.16
$2
.22
AB
939
Fee
$1.20 $1.20
Total
$22.81
$23.44
Change
$0.63/month
Table
4:
Residential
95-Gallon
Service
95-Gallon
Residential
Cart
Single
Family
Monthly
Rate
Current
Proposed
Service
Fee
$22.46
$23.08
Disposal
Tip
Fee
$4.69
$4.85
Franchise
Fee
10%
$3.02 $3.10
AB
939
Fee
$1.20 $1.20
Total
$31.37
$32.23
Change
$0.86/month
3 of23
April 15, 2025, Item #5
Table 5: Commercial 3-Yard Bin Service
3-Yard Bin Commercial (Serviced 1x/week)
Monthly Rate
Current Proposed
Service Fee $91.57 $94.11
Disposal Tip Fee $32.47 $33.58
Franchise Fee 10% $13.78 $14.19
Total $137.82 $141.88
Change $4.06/month
Organic Outreach Efforts: In efforts to continue public education on the organics recycling program and existing state mandates, the City held virtual organic recycling workshops, as well as an in-person community workshop focused on reducing food waste.
Proposition 218: Any adjustment to solid waste and recycling rates for residential and commercial collection services is subject to detailed notice and public hearing requirements, commonly referred to as a Proposition 218 protest hearing. On June 2, 2020, the City Council held a noticed public hearing pursuant to Proposition 218 and adopted Resolution 19-026, which approved EDCO's rate schedule for FY 2020-21 and approved pass-through/inflationary adjustments to EDCO's service rates through June 30, 2025. Under the Proposition 218 process, EDCO will mail the new Proposition 218 notice to property owners and customers on behalf of the City. As a part of the public hearing, staff will also be recommending adoption of a resolution to approve automatic annual inflationary rate adjustments for a five (5) year period commencing July 1, 2025, and ending June 30, 2030, pursuant to Government Code Section 53756. Any proposed increase to rates beyond inflationary increases would require new noticing subject to Proposition 218.
Residential and commercial customers will receive notification by mail on the proposed rate increases and will have an opportunity to submit a protest if they oppose. The vote outcome will be revealed during the public hearing at the City Council Meeting on June 3, 2025. If less than a majority of the property owners and customers file written protests to the proposed rate increases, the City Council may approve the proposed solid waste rate changes.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
Article XIII D, Section 6 of the California Constitution, states that local governments must hold a Public Hearing and notify property owners and customers at least 45 days in advance of public hearings related to proposed property-related new or increased fees and charges. The public notice for the proposed public hearing on June 3, 2025, will be mailed to all property owners and businesses owners in the City describing the rate adjustment requests and how to protest if desired, as required by law. 4of23
April 15, 2025, Item #5
Attachments: A.
Draft
Public
Notice
B.
EDCO
Rate
Package
C.
RSWA
Disposal
Fee
Adjustment
Reviewed/
Approved
By:
Assistant
City
Manager
5 of23
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By
:
Chris
Hazeltine
City
Manager
April 15, 2025, Item #5
0\
0 ....
N w
Notice of Public Hearing on Solid
Waste/Recycling Collection Service Rate
Increase
June 3, 2025 at 7:00 PM
Poway City Hall - Council Chambers
13325 Civic Center Drive
Poway CA 92064
In compliance with Article XIIID of the
~ California State Constitution and the Proposition
;! 218 Omnibus Implementation Act, the City of Poway
o is hereby notifying all affected property owners and
:I: customers of record of the proposed Solid
~ Waste/Recycling Collection Service Rate increases
~ effective July 1, 2025, and automatic pass-through
)> adjustments for a period of five years, through June 30, 2030.
Public Hearing Information: A
Public Hearing will be held on June 3, at 7:00
p.m., at 13325 Civic Center Drive, Poway,
California in the City Council Chambers to
consider all written protests against the proposed
rate increases. At this time the City Council will
also consider authorizing future inflationary
adjustments in the solid waste/recycling
rates through June 30, 2030 calculated with
the same methodology and formulas as explained
in more detail under "Establishment of Rates."
The City Council will conduct the public
hearing on the proposed increases and will receive
a final tabulation of all written protests received by
the City Clerk. Protests must be submitted in
writing to the City Clerk's office by 5:30 p.m. on
June 3, 2025 and will also be accepted in the
Council Chambers at the public hearing. The
Council will then consider and may adopt the
proposed Solid Waste/Recycling Collection
Service Rate increases.
All written protests must be signed by the owner or
customer of record and contain a description of the
property (address and/or Assessor Parcel Number)
represented by the protest. Only one (1) protest will
be counted for each property. Please send or hand
deliver your written protest to:
City of Poway
Office of the City Clerk
13325 Civic Center Drive
Poway, CA 92064
Email or fax protests will not be accepted.
If a majority of affected property owners do
not file written protests, the rate increase and future adjustments may be approved by the City Council.
Establishment of Rates: Solid
waste/recycling collection service rates are
established annually . These services are provided
by a private contractor, EDCO Waste and Recycling
Services (EDCO) with an exclusive Franchise
Agreement to operate in the City of Poway.
Service Fees: The Franchise Agreement
with EDCO allows for an annual increase of the
service fee, effective July 1 annually. The following
table uses a formula and the San Diego-Carlsbad
area Consumer Price Index (CPI) for All Urban
Consumers (all items), base period of 1982-84=100,
published by the United States Department of
Labor, Bureau of Labor Statistics for the latest 12-
month period for which statistics are available.
The formula used to calculate the
percentage change for the service fee portion of
the base rate is calculated by determining the
difference between the San Diego-Carlsbad
CPI for the second half of 2023 (365.529) and
the second half 2024 (375.656), then dividing
the Index change (10.127 points) by the CPI
of the previous period (365.529) and multiplying
that by 100, which results in an increase of 2.77
percent. This is the multiplier used for the service
fee portion of the base rates.
p 365.529
Previous CPI Second 375.656
Index C 10.127
2.77%
Disposal Tip Fee: The Franchise
Agreement with EDCO and the Regional Solid
Waste Association (RSWA) allows for an annual
increase of the disposal tip fee, effective July
1 annually. The following table uses a formula for
the Los Angeles-Long Beach-Anaheim, area CPI
for All Urban Consumers (all items), base period of
1982-84=100, published by the United States
Department of Labor, Bureau of Labor Statistics for
the latest 12-month period for which statistics are
available. The formula used to calculate the
percentage change for the disposal tip fee
portion of the base rate is calculated using a
similar comparison as above.
Previous CPI Decem
Index C
Percentaqe Chanqe 3.42%
This percentage change was adjusted
downward from 3.472 percent to 3.420
percent by applying a calculation that
includes, in part, a modifier of the percentage
increase of the previous year's increase in waste
tonnage.
Customers will be assessed
the Proposition 218 noticing costs, which will
be reflected as a separate line item on the
customer's first bill upon approval of the new
rates clearly identifying the charge as the
Proposition 218 noticing fee.
The following tables show the current and
proposed monthly Solid Waste/Recycling
Collection Service Rates for the three common
levels of service and commercial organic rates.
Your service level may not be reflected here.
April 15, 2025, Item #5
Monthly Rate
Current Proposed
Service Fee $14.76 $15.17
Disposal Tip Fee $4.69 $4.85
Franchise Fee 10% $2.16 $2.22
AB 939 Fee $1.20 $1.20
Total $22.81 $23.44
Chan~ $0.63/month
m
Monthly Rate
Current Proposed
Service Fee $22.46 $23.08
Disposal Tip Fee $4.69 $4.85
Franchise Fee 10% $3.02 $3.10
AB 939 Fee $1.20 $1.20
Total $31.37 $32.23
Change $0.86/month
Monthly_ Rate
Current Proposed
Service Fee $91.57 $94.11
Disposal Tip Fee $32.47 $33.58
Franchise Fee 10% $13.78 $14.19
Total $137.82 $141.88
Chang_e $4.06/month
If you have questions about the proposed Solid
Waste/Recycling Collection Service Rate
increases, please call Jennafer Steffen,
Management Analyst, at (858) 668-4728.
)
'
NOTICE OF PUBLIC HEARING
ON SOLID WASTE/RECYCLING
COLLECTION SERVICE RATE
INCREASES
June 3, 2025
7:00 PM
Poway City Hall
Council Chambers
13325 Civic Center Drive
Poway, CA 92064
April 15, 2025, Item #5
WASTE & RECYCLING SERVICES
Ms. Jennafer Steffen February 21, 2025
Department of Public Works
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Dear Jennafer:
Family owned and operatedEDCO is honored to serve the City of Poway and fully committed to providing superior customer service to the community.
Consistent with the Solid Waste Franchise Agreement, annual rate adjustments are allowable based on increases in the San Diego area Consumer Price Index (CPI) and any applicable increases in solid waste tip fees under the Regional Solid Waste Association (RSWA) agreement, to which Poway is a Member. As such, EDCO is respectfully requesting a rate adjustment effective July I, 2025.
CPI Adjustment
To calculate the CPI portion of the adjustment, the second half of the 2023 index (365.529) was compared to the second half of 2024 index (375.656) which produced a 10.127 point change or
2. 771 % increase. The CPI indexes are attached for your reference. The 2. 771 % increase is applied to current rates after franchise fees, AB939 and disposal fees are deducted from the current gross rate.
RSWA Disposal Fee Adjustment
The City is a member of RSWA that regulates waste disposal tipping fees for its member agencies. Currently the tip fee for Poway is $50.21 per ton. Effective July 1, 2025, the tip fee for Poway will increase to $51.93, representing a3.42% increase in the tip fee component ofthe rate calculation.
Rate Summary
The total fee adjustments as outlined above when applied will result in residential rates increasing from $31.37 to $32.23 per month, an increase of $0.86 per month (2.85%) per household for customers using a 95 Gallon Cart. Commercial rates for the most common service (a three cubic yard bin served once weekly) would increase from $137.82 to $141.88 or $4.06 per month (2.95%).
EDCO proposes to implement both the residential and commercial rate changes on July 1, 2025.
Thank you for your consideration of this request and for allowing EDCO to serve the City of Poway.
Matthew Cleary
General Manager
Attachments
"We'll Take Care of It''
224 S. Las Posas Road • San Marcos, California 92078
(760) 7 44-2700 • Fax: (760) 752-8339 • edcodisposal.com • Printed on Recycled Paper 8 of 23 ATTACHMENT B
April 15, 2025, Item #5
\0
0 ....
N w
Poway Residential Service Rates Effective 7/1/2025
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
% Change • CPI
365.529
375.656
10.127
2.77%
Current Rate (lncl!Jdi_ng Organics)
Service Rate Description
Single Family 95 Gallon Cart
Single Family 35 Gallon Cart
Multi-Family, billed to Occupant, 95 Gal Cart
Multi-Family, billed to HOA, 95 Gallon Cart
Single Family, billed to HOA, 95 Gallon Cart
Single Family, billed to HOA, 35 Gallon Can
Other Services
Special On-Call Bulky Item Pick-up
Special Handing - Freon/ Other Contaminents
Additional Trash Cart
Additional Organics Cart • up to 3 Carts
Additional Organics Cart • Over 3 Carts
Additional Recycling Cart
EDCO Waste Recycling Services, Inc
Total
Rate AB939
$ 31.37 $ 1.20
$ 22.81 $ 1.20
$ 23.36 $ 1.20
$ 22.54 $ 1.20
$ 30.62 $ 1.20
$ 22.12 $ 1.20
$ 19.87
$ 59.70
$ 4.56
$ .
$ 3.87
$ .
Net Franchise Service
Rate Fee Tip Fee Fee
10% of net
$30.17 $3.02 $4.69 $ 22.46
$21.61 $2.16 $4.69 $14 .76
$22.16 $2.22 $4.69 $15.25
$21.34 $2.13 $4.69 $14.52
$29.42 $2.94 $4.69 $ 21 .79
$20.92 $2.09 $4.69 $14 .14
$19.87 $1 .99 $0.00 $17.88
$59.70 $5.97 $0.00 $ 53.73
$4.56 $0.46 $0.00 $ 4 .10
$3.87 $0.38 $0.00 $ 3.49
RSWA Tip Fee 2024
RSWA Tip Fee 2025
% Change • Tip F
Rate Chan_g_e -
Service Franchise
Tip Fee Fee Fee
3.42% 2.77%
$0.16 $0.62 $0.08
$0.16 $0.41 $0.06
$0.16 $0.42 $0.06
$0.16 $0.40 $0.07
$0.16 $0.60 $0 .09
$0.16 $0.39 $0.06
$0.00 $0.50 $0.05
$0.00 $1.49 $0.17
$0.00 $0.11 $0.01
$0.00 $0.10 $0.01
1 of 13
$ 50.21
$ 51 .93
$ 1 .72
3.42%
Total
Change
$0.86
$0.63
$0.64
$0.63
$0.85
$0.61
$0.55
$1 .66
$0.12
$0.00
$0.11
$0.00
% Net
Change
2.85%
2.92%
2.89%
2.95%
2.89%
2.92%
2.77%
2.78%
2.63%
2.84%
New Rate
Total Net Franchise Service
Rate AB939 Rate Fee Tip Fee Fee
10% of net
$ 32.23 $1 .20 $31.03 $3.10 $4.85 $23.08
$ 23.44 $1 .20 $22.24 $2.22 $4.85 $15.17
$ 24.00 $1 .20 $22.80 $2.28 $4.85 $15.67
$ 23.17 $1 .20 $21.97 $2.20 $4.85 $14.92
$ 31.47 $1 .20 $30.27 $3.03 $4.85 $22.39
$ 22.73 $1.20 $21.53 $2.15 $4.85 $14.53
$ 20.42 $20.42 $2.04 $0.00 $18.38
$ 61.36 $61.36 $6.14 $0.00 $ 55.22
$ 4.68 $4.68 $0.47 $0.00 $ 4 .21
$ .
$ 3.98 $3.98 $0.39 $0.00 $ 3 .59
$ .
4/4/2025
April 15, 2025, Item #5
.....
0 0 ....
Poway Commercial Service Rates Effective 7/1/2025
Commercial Bin Service
N w
'I_C_ubic Yard
Service
Frequency
1 xweek
2 x week
3xweek
4 xweek
5 x week
6 x week
2 C_ubic Yard
Service
Frequency
1 xweek
2 xweek
3 xweek
4xweek
5 xweek
6 xweek
Current Rate
Total
Rate
$ 81.74
$ 146.52
$ 214.81
$ 283.10
$ 351.38
$ 419.68
$
Current Rate
Total
Rate
$ 95.30
$ 183.43
$ 271.61
$ 359.79
$ 447.41
$ 535.98
$
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
¾ Change - CPI
Franchise
Fee Tip Fee Service
8.17 10.82 62.75
14.65 21.64 110.23
21.48 32.47 160.86
28.31 43.26 211.53
35.14 54.08 262.16
41.97 64.90 312.81
Franchise
Fee Tip Fee Service
9.53 21.64 64.13
18.34 43.26 121.83
27.16 64.90 179.55
35.98 86.56 237.25
44.74 112.11 290.56
53.60 129.80 352.58
EDCO Waste Recycling Services, Inc
365.529
375.656
10.127
2.77%
RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
¾ Change - Tip Fee
Rate Chan_g_e
Service Tip Fee Franchise
2.77% 3.42% Fee
1.74 0.37 $ 0.24
3.05 0.74 $ 0.42
4.46 1.11 $ 0.62
5.86 1.48 $ 0.82
7.26 1.85 $ 1.01
8.67 2.22 $ 1.21
Rate Chan_g_e
Service Tip Fee Franchise
2.771% 3.42% Fee
1.78 0.74 $ 0.28
3.38 1.48 $ 0.54
4.97 2.22 $ 0.80
6.57 2.96 $ 1.06
8.05 3.83 $ 1.32
9.77 4.44 $ 1.58
2 of 13
$ 50.21
$ 51.93
$1n
3.42%
Total
Change
$ 2.35
$ 4.21
$ 6.19
$ 8.16
$ 10.12
$ 12.10
Total
Change
$ 2.80
$ 5.40
$ 7.99
$ 10.59
$ 13.20
$ 15.79
New Rate
Total Franchise
New Rate Fee
$ 84.09 $8.41
$ 150.73 $15.07
$ 221.00 $22.10
$ 291.26 $29.13
$ 361.50 $36.15
$ 431.78 $43.18
New Rate
Total Franchise
New Rate Fee
$ 98.10 $9.81
$ 188.83 $18.88
$ 279.60 $27.96
$ 370.38 $37.04
$ 460.61 $46.06
$ 551.77 $55.18
-$
%
Tip Fee Service Change
$ 11.19 $ 64.49 2.87%
$ 22.38 $ 113.28 2.87%
$ 33.58 $ 165.32 2.88%
$ 44.74 $ 217.39 2.88%
$ 55.93 $ 269.42 2.88%
$ 67.12 $ 321.48 2.88%
%
Tip Fee Service Change
$ 22.38 $ 65.91 2.94%
$ 44.74 $ 125.21 2.94%
$ 67.12 $ 184.52 2.94%
$ 89.52 $ 243.82 2.94%
$ 115.94 $ 298.61 2.95%
$ 134.24 $ 362.35 2.95%
4/4/2025
April 15, 2025, Item #5
..... .....
0 ....
Commercial Bin Service
N w
3 Cubic Yard
Service
Frequency
1 xweek
2 x week
3 xweek
4 xweek
5 xweek
6 xweek
4 Cubic Yard
Service
Frequency
1 x week
2 xweek
3 xweek
4 xweek
5 xweek
6 x week
Current Rate
Total
Rate
$ 137.82
$ 229.74
$ 321.69
$ 403.46
$ 485.22
$ 567.01
$
Current Rate
Total
Rate
$ 144.70
$ 243.36
$ 342.01
$ 440.71
$ 539.64
$ 638.08
$
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
% Change - CPI
Franchise
Fee Tip Fee Service
13.78 32.47 91.57
22.97 64.90 141.87
32.17 97.37 192.15
40.35 129.80 233.31
48.52 162.30 274.40
56.70 194.74 315.57
Franchise
Fee Tip Fee Service
14.47 43.26 86.97
24.34 86.56 132.46
34.20 129.80 178.01
44.07 173.08 223.56
53.96 216.37 269.31
63.81 259.67 314.60
EDCO Waste Recycling Services, Inc
365.529
375.656
10.127
2.771%
RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
% Change - Tip Fee
Rate Change
Service Tip Fee Franchise
2.771% 3.42% Fee
2.54 1.11 $ 0.41
3.93 2.22 $ 0.69
5.32 3.33 $ 0.96
6.46 4.44 $ 1.21
7.60 5.55 $ 1.46
8.74 6.66 $ 1.71
Rate Chan_g_e -
Service Tip Fee Franchise
2.771% 3.42% Fee
2.41 1.48 $ 0.43
3.67 2.96 $ 0.73
4.93 4.44 $ 1.04
6.19 5.92 $ 1.35
7.46 7.40 $ 1.66
8.72 8.88 $ 1.95
3 of 13
$ 50.21
$ 51.93
~
3.42%
Total
Change
$ 4.06
$ 6.84
$ 9.61
$ 12.11
$ 14.61
$ 17.11
Total
Change
$ 4.32
$ 7.36
$ 10.41
$ 13.46
$ 16.52
$ 19.55
New Rate
Total Franchise
New Rate Fee
$ 141.88 $14.19
$ 236.58 $23.66
$ 331.30 $33.13
$ 415.57 $41.56
$ 499.83 $49.98
$ 584.12 $58.41
$
New Rate
Total Franchise
New Rate Fee
$ 149.02 $14.90
$ 250.72 $25.07
$ 352.42 $35.24
$ 454.17 $45.42
$ 556.16 $55.62
$ 657.63 $65.76
$
%
Tip Fee Service Change
$ 33.58 $ 94.11 2.95%
$ 67.12 $ 145.80 2.98%
$ 100.70 $ 197.47 2.99%
$ 134.24 $ 239.77 3.00%
$ 167.85 $ 282.00 3.01%
$ 201.40 $ 324.31 3.02%
%
Tip Fee Service Change
$ 44.74 $ 89.38 2.99%
$ 89.52 $ 136.13 3.02%
$ 134.24 $ 182.94 3.04%
$ 179.00 $ 229.75 3.05%
$ 223.77 $ 276.77 3.06%
$ 268.55 $ 323.32 3.06%
4/4/2025
April 15, 2025, Item #5
....
N
0 ....
Commercial Bin Service
N w
5 _C_llbic Yard
Service
Frequency
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
6 Cubic Yard
Service
Frequency
1 xweek
2 xweek
3 xweek
4 x week
5 x week
6 x week
Current Rate
Total
Rate
$ 161.09
$ 318.38
$ 474.37
$ 630.80
$ 788.32
$ 944.94
$
Current Rate
Total
Rate
$ 173.73
$ 347.33
$ 521.14
$ 694.83
$ 819.34
$ 1,030.46
$
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
¾ Change - CPI
Franchise
Fee Tip Fee Service
16.11 53.52 91.46
31.84 108.19 178.35
47.44 168.12 258.81
63.08 224.14 343.58
78.83 270.43 439.06
94.49 324.55 525.90
Franchise
Fee Tip Fee Service
17.37 64.90 91.46
34.73 129.80 182.80
52.11 194.74 274.29
69.48 259.67 365.68
81.93 324.55 412.86
103.05 389.47 537.94
EDCO Waste Recycling Services, Inc
365.529
375.656
10.127
2.771%
RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
¾ Change - Tip Fee
Rate Change
Service Tip Fee Franchise
2.771% 3.42% Fee
2.53 1.83 $ 0.48
4.94 3.70 $ 0.96
7.17 5.75 $ 1.43
9.52 7.66 $ 1.91
12.16 9.25 $ 2.38
14.57 11.10 $ 2.86
Rate Change
Service Tip Fee Franchise
2.771% 3.42% Fee
2.53 2.22 $ 0 .53
5.06 4.44 $ 1.06
7.60 6.66 $ 1.59
10.13 8.88 $ 2.12
11.44 11.10 $ 2.51
14.90 13.32 $ 3.13
4 of 13
50.21 51.93
$ 1.72
3.42%
Total
Change
$ 4.84
$ 9.60
$ 14.35
$ 19.09
$ 23.79
$ 28.53
Total
Change
$ 5.28
$ 10.56
$ 15.85
$ 21.13
$ 25.05
$ 31.35
New Rate
Total Franchise
New Rate Fee
$ 165.93 $16.59
$ 327.98 $32.80
$ 488.72 $48.87
$ 649.89 $64.99
$ 812.11 $81.21
$ 973.47 $97.35
$
New Rate
Total Franchise
New Rate Fee
$ 179.01 $17.90
$ 357.89 $35.79
$ 536.99 $53.70
$ 715.96 $71.60
$ 844.39 $84.44
$ 1,061.81 $106.18
~
$
%
Tip Fee Service Change
$ 55.35 $ 93.99 3.00%
$ 111.89 $ 183.29 3.02%
$ 173.87 $ 265.98 3.03%
$ 231.80 $ 353.10 3.03%
$ 279.68 $ 451.22 3.02%
$ 335.65 $ 540.47 3.02%
%
Tip Fee Service Change
$ 67.12 $ 93.99 3.04%
$ 134.24 $ 187.86 3.04%
$ 201.40 $ 281.89 3.04%
$ 268.55 $ 375.81 3.04%
$ 335.65 $ 424.30 3.06%
$ 402.79 $ 552.84 3.04%
4/4/2025
April 15, 2025, Item #5
.... w
0 ....
N
w
Poway Commercial Service Rates Effective 7/1/2025
Multi-Family Bin Service (Excludes Yard Waste)
1 Cubic Yard
Current Rate
Service
Frequenc· -~
1 xweek
2 x week
3 x week
4 x week
5 x week
6 x week
Total
Rate
$ 86.23
$ 143.23
$ 200.26
$ 249.97
$ 299.69
$ 349.41
-- --· (0.00)
2 Cubic Yard
AB9939
Fee
1.20 2.40
3.60 4.80
6.00 7.20
Current Rate
Service
Frequency
1 xweek
2 x week
3 xweek
4 xweek
5 xweek
6xweek
Total
Rate
$ 103.76
$ 172.19
$ 240.60
$ 301.20
$ 361.31
$ 422.21
- -0.00
AB9939
Fee
1.20 2.40
3.60 4.80
6.00 7.20
EDCO Waste Recycling Services, Inc
Net Franchise
Rate Fee
85.03 8.50
140.83 14.08
196.66 19.67
245.17 24.52
293.69 29.37
342.21 34.22
Net Franchise
Rate Fee
102.56 10.26
169.79 16.98
237.00 23.70
296.40 29.64
355.31 35.53
415.01 41.50
Tip Fee Service
10.82 65.71
21.64 105.11
32.47 144.52
43.26 177.39
54.08 210.24
64.90 243.09
Tip Fee Service
21.64 70.66
43.26 109.55
64.90 148.40
86.56 180.20
112.11 207.67
129.80 243.71
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
¾ Change - CPI
Rate Chan9_e -
Service Tip Fee Franchise
2.771% 3.42% Fee
1.82 0.37 $ 0.25
2.91 0.74 $ 0.41
4.00 1.11 $ 0.56
4.91 1.48 $ 0.71
5.82 1.85 $ 0.85
6.73 2.22 $ 1.00
Rate Change
Service Tip Fee Franchise
2.771% 3.42% Fee
1.96 0.74 $ 0,30
3.04 1.48 $ 0.50
4.11 2.22 $ 0.70
4.99 2.96 $ 0.88
5.75 3.83 $ 1.07
6.75 4.44 $ 1.24
5 of 13
365.529
375.656
10.127
2.771%
Total
Change
$ 2.44
$ 4.06
$ 5.67
$ 7.10
$ 8.52
$ 9.95
Total
Change
$ 3.00
$ 5.02
$ 7.03
$ 8.83
$ 10.65
$ 12.43
New Rate
Total AB9939
New Rate Fee
$ 88.67 1.20
$ 147.29 2.40
$ 205.93 3.60
$ 257.07 4.80
$ 308.21 6.00
$ 359.36 7.20
0.00 New Rate
Total AB9939
New Rate Fee
$ 106.76 1.20
$ 177.21 2.40
$ 247.63 3.60
$ 310.03 4.80
$ 371.96 6.00
$ 434.64 7.20
0.00 RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
% Change - Tip Fee
Net Franchise
Rate Fee
87.47 $8.75
144.89 $14.49
202.33 $20.23
252.27 $25.23
302.21 $30.22
352.16 $35.22
Net Franchise
Rate Fee
105.56 $10.56
174.81 $17.48
244.03 $24.40
305.23 $30.52
365.96 $36.60
427.44 $42.74
$ 50.21
$ 51.93
$U2
3.42%
Tip Fee
$ 11.19
$ 22.38
$ 33.58
$ 44.74
$ 55.93
$ 67.12
Tip Fee
$ 22.38
$ 44.74
$ 67.12
$ 89.52
$ 115.94
$ 134.24
Service
$ 67.53
$ 108.02
$ 148.52
$ 182.30
$ 216.06
$ 249.82
Service
$ 72.62
$ 112.59
$ 152.51
$ 185.19
$ 213.42
$ 250.46
%
Change
2.83%
2.83%
2.83%
2.84%
2.84%
2.85%
%
Change
2.89%
2.92%
2.92%
2.93%
2.95%
2.94%
414/2025
April 15, 2025, Item #5
..... .::,.
0 ....
N w
Multi-Family Bin Service (Excludes Yard Waste)
3 Cubic Yard
Current Rate
Service
Frequency
1 xweek
2 x week
3 xweek
4xweek
5 xweek
6 x week
Total
Rate
$ 149.41
$ 248.31
$ 347.18
$ 434.84
$ 522.54
$ 610.24
0.00 4 Cubic Yard
AB9939
Fee
1.20 2.40
3.60 4.80
6.00 7.20
Current Rate
Service
FrequenC'
1 xweek
2 xweek
3 x week
4 x week
5 x week
6 x week
I
Total
Rate
$ 155.81
$ 258.22
$ 360.58
$ 436.78
$ 544.31
$ 635.98
(0.00)
AB9939
Fee
1.20 2.40
3.60 4.80
6.00 7.20
EDCO Waste Recycling Services, Inc
Net Franchise
Rate Fee
148.21 14.82
245.91 24.59
343.58 34.36
430.04 43.00
516.54 51.65
603.04 60.30
Net Franchise
Rate Fee
154.61 15.46
255.82 25.58
356.98 35.70
431.98 43.20
538.31 53.83
628.78 62.88
Tip Fee Service
32.47 100.92
64.90 156.42
97.37 211.85
129.80 257.24
162.30 302.59
194.74 348.00
Tip Fee Service
43.26 95.89
86.56 143.68
129.80 191.48
173.08 215.70
216.37 268.11
259.67 306.23
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
¾ Change - CPI
Rate Change
Service Tip Fee Franchise
2.771% 3.42% Fee
2.80 1.11 $ 0.44
4.33 2.22 $ 0.73
5.87 3.33 $ 1.02
7.13 4.44 $ 1.29
8.38 5.55 $ 1.55
9.64 6.66 $ 1.82
Rate Change
Service Tip Fee Franchise
2.771% 3.42% Fee
2.66 1.48 $ 0.46
3.98 2.96 $ 0.77
5.30 4.44 $ 1.08
5.98 5.92 $ 1.32
7.43 7.40 $ 1.65
8.48 8.88 $ 1.93
6 of 13
365.529
375.656
10.127
2.771%
Total
Change
$ 4.35
$ 7.28
$ 10.22
$ 12.86
$ 15.48
$ 18.12
Total
Change
$ 4.60
$ 7.71
$ 10.82
$ 13.22
$ 16.48
$ 19.29
New Rate
Total AB9939
New Rate Fee
$ 153.76 1.20
$ 255.59 2.40
$ 357.40 3.60
$ 447.70 4.80
$ 538.02 6.00
$ 628.36 7.20
·- - -· (0.00)
New Rate
Total AB9939
New Rate Fee
$ 160.41 1.20
$ 265.93 2.40
$ 371.40 3.60
$ 450.00 4.80
$ 560.79 6.00
$ 655.27 7.20
·- - -· (0.00)
RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
¾ Change - Tip Fee
Net Franchise
Rate Fee
152.56 $15.26
253.19 $25.32
353.80 $35.38
442.90 $44.29
532.02 $53.20
621.16 $62.12
Net Franchise
Rate Fee
159.21 $15.92
263.53 $26.35
367.80 $36.78
445.20 $44.52
554.79 $55.48
648.07 $64.81
$ 50.21
$ 51.93
$----:r:'12
3.42%
Tip Fee
$ 33.58
$ 67.12
$ 100.70
$ 134.24
$ 167.85
$ 201.40
Tip Fee
$ 44.74
$ 89.52
$ 134.24
$ 179.00
$ 223.77
$ 268.55
Service
$ 103.72
$ 160.75
$ 217.72
$ 264.37
$ 310.97
$ 357.64
Service
$ 98.55
$ 147.66
$ 196.78
$ 221.68
$ 275.54
$ 314.71
%
Change
2.91%
2.93%
2.94%
2.96%
2.96%
2.97%
%
Change
2.95%
2.99%
3.00%
3.03%
3.03%
3.03%
4/4/2025
April 15, 2025, Item #5
... u,
0 ....
N w
Multi-Family Bin Service (Excludes Yard Waste)
5 Cubic Yard
Current Rate
Service
Frequenc
1 xweek
2 x week
3 x week
4 x week
5 x week
6 x week
'
Total
Rate
$ 173.30
$ 284.92
$ 395.88
$ 501.59
$ 608.44
$ 714.43
0.00 6 Cubic Yard
AB9939
Fee
1.20 2.40
3.60 4.80
6.00 7.20
Current Rate
Service
Frequenc~ '
1 x week
2 xweek
3xweek
4xweek
5 xweek
6 xweek
Total
Rate
$ 185.29
$ 303.19
$ 421.19
$ 533.48
$ 645.76
$ 758.08
·- ---(0.00)
AB9939
Fee
1.20 2.40
3.60 4.80
6.00 7.20
EDCO Waste Recycling Services, Inc
Net Franchise
Rate Fee
172.10 17.21
282.52 28.25
392.28 39.23
496.79 49.68
602.44 60.24
707.23 70.72
Net Franchise
Rate Fee
184.09 18.41
300.79 30.08
417.59 41.76
528.68 52.87
639.76 63.98
750.88 75.09
Tip Fee Service
54.08 100.81
108.19 146.08
168.12 184.93
224.14 222.97
270.43 271.77
324.55 311 .96
Tip Fee Service
64.90 100.78
129.80 140.91
194.74 181.09
259.67 216.14
324.55 251.23
389.47 286.32
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
¾ Change - CPI
Rate Chan_g_e
Service Tip Fee Franchise
2.771% 3.42% Fee
2.79 1.85 $ 0 .52
4.05 3.70 $ 0.86
5.12 5.75 $ 1.21
6.18 7.66 $ 1.54
7.53 9.25 $ 1.87
8.64 11.10 $ 2.20
Rate Chan_g_e -
Service Tip Fee Franchise
2.771% 3.42% Fee
2.79 2.22 $ 0.56
3.90 4.44 $ 0.93
5.02 6.66 $ 1.30
5.99 8.88 $ 1.65
6.96 11.10 $ 2.00
7.93 13.32 $ 2.36
7 of 13
365.529
375.656
10.127
2.771%
Total
Change
$ 5.16
$ 8.61
$ 12.08
$ 15.38
$ 18.65
$ 21.94
Total
Change
$ 5.57
$ 9.27
$ 12.98
$ 16.52
$ 20.06
$ 23.61
New Rate
Total AB9939
New Rate Fee
$ 178.46 1.20
$ 293.53 2.40
$ 407.96 3.60
$ 516.97 4.80
$ 627.09 6.00
$ 736.37 7.20
-0.00
New Rate
Total AB9939
New Rate Fee
$ 190.86 1.20
$ 312.46 2.40
$ 434.17 3.60
$ 550.00 4.80
$ 665.82 6.00
$ 781.69 7.20
- - -0.00
RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
¾ Change - Tip Fee
Net Franchise
Rate Fee
177.26 $17.73
291.13 $29.11
404.36 $40.44
512.17 $51.22
621.09 $62.11
729.17 $72.92
Net Franchise
Rate Fee
189.66 $18.97
310.06 $31.01
430.57 $43.06
545.20 $54.52
659.82 $65.98
774.49 $77.45
$ 50.21
$ 51.93
$7T2
3.42%
Tip Fee
$ 55.93
$ 111.89
$ 173.87
$ 231.80
$ 279.68
$ 335.65
Tip Fee
$ 67.12
$ 134.24
$ 201.40
$ 268.55
$ 335.65
$ 402.79
%
Service Change
$ 103.60 2.98%
$ 150.13 3.02%
$ 190.05 3.05%
$ 229.15 3.07%
$ 279.30 3.07%
$ 320.60 3.07%
%
Service Change
$ 103.57 3.01%
$ 144.81 3.06%
$ 186.11 3.08%
$ 222.13 3.10%
$ 258.19 3.11%
$ 294.25 3.11%
4/4/2025
April 15, 2025, Item #5
~ Poway Commercial Service Rates Effective 7/1/2025
0 ....
"" w
Multi-Family Residential Bin Rates (Includes Yard Waste) 1 Cubic Yard
Service
Frequency
1 x week
2 xweek
3 xweek
4xweek
5 x week
6 x week
2 Cubic Yard
Service
Frequency
1 xweek
2xweek
3 xweek
4 xweek
5 xweek
6 xweek
Current Rate
Total AB9939
New Rate Fee
$ 95.40 1.20
$ 158.50 2.40
$ 221.62 3.60
$ 276.61 4.80
$ 331.63 6.00
$ 386.68 7.20
(0)
Current Rate
Total AB9939
Rate Fee
$ 115.01 1.20
$ 190.87 2.40
$ 266.74 3.60
$ 333.94 4.80
$ 400.76 6.00
$ 468.46 7.20
.
0 EDCO Waste Recycling Services, Inc
Net Franchise
Rate Fee
94.20 9.42
156.10 15,61
218.02 21.80
271.81 27.18
325.63 32,56
379.48 37,95
Net Franchise
Rate Fee
113.81 11.38
188.47 18.85
263.14 26.31
329.14 32,91
394.76 39.48
461.26 46.13
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
¾ Change - CPI
Rate Change
Service Service Tip Fee
Tip Fee Fee 2.771% 3.42%
10,82 73.96 2.05 0.37
21.64 118.85 3.29 0.74
32.47 163.75 4.54 1.11
43.26 201.37 5.58 1.48
54.08 238,99 6.62 1.85
64.90 276,63 7.66 2.22
Rate Chan_g_e
Service Service Tip Fee
Tip Fee Fee 2.771% 3.42%
21.64 80.79 2.24 0.74
43,26 126,36 3.50 1.48
64.90 171.93 4.76 2.22
86.56 209.67 5.81 2.96
112.11 243.17 6.74 3.83
129.80 285.33 7.91 4.44
365.529
375.656
10.127
2.771%
Franchise
Fee
$ 0.27
$ 0.45
$ 0.63
$ 0.79
$ 0.94
$ 1.10
Franchise
Fee
$ 0.33
$ 0.55
$ 0.78
$ 0.98
$ 1.17
$ 1.37
8 of 13
New Rate
Total Total AB9939
Change New Rate Fee
$ 2.69 $ 98.09 1.20
$ 4.48 $ 162.98 2.40
$ 6.28 $ 227.90 3.60
$ 7.85 $ 284.46 4.80
$ 9.41 $ 341.04 6.00
$ 10.98 $ 397.66 7.20
-0
New Rate
Total Total AB9939
Change New Rate Fee
$ 3.31 $ 118.32 1.20
$ 5.53 $ 196.40 2.40
$ 7.76 $ 274.50 3.60
$ 9.75 $ 343.69 4.80
$ 11.74 $ 412.50 6.00
$ 13.72 $ 482.18 7.20
- --0.00
RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
¾ Change - Tip Fee
Net Franchise
Rate Fee
96.89 $9.69
160.58 $16.06
224.30 $22.43
279.66 $27.97
335.04 $33.50
390.46 $39.05
Net Franchise
Rate Fee
117.12 $11.71
194.00 $19.40
270.90 $27.09
338.89 $33.89
406.50 $40.65
474.98 $47.50
$ 50.21
$ 51.93
$1T2
3.42%
Tip Fee
$ 11.19
$ 22.38
$ 33.58
$ 44.74
$ 55.93
$ 67.12
Tip Fee
$ 22.38
$ 44.74
$ 67.12
$ 89.52
$ 115.94
$ 134.24
Service %
Fee Change
$ 76.01 2.82%
$ 122.14 2.83%
$ 168.29 2.83%
$ 206.95 2.84%
$ 245.61 2.84%
$ 284.29 2.84%
Service %
Fee Change
$ 83.03 2.88%
$ 129.86 2.90%
$ 176.69 2.91%
$ 215.48 2.92%
$ 249.91 2.93%
$ 293.24 2.93%
4/4/2025
April 15, 2025, Item #5
.....
";; Multi-Family Residential Bin Rates (Includes Yard Waste) ....
"' w
3 Cubic Y<ill!
Current Rate
Service Total AB9939 Net Franchise
Frequency Rate Fee Rate Fee
1 x week $ 165.66 1.20 164.46 16.45
2 x week $ 275.44 2.40 273.04 27.30
3 x week $ 385.24 3.60 381.64 38.16
4 x week $ 482.59 4.80 477.79 47.78
5 x week $ 579.94 6.00 573.94 57.39
6 x week $ 677.39 7.20 670.19 67.02
·-· (0)
4 Cubic Yard
Current Rate
Service Total AB9939 Net Franchise
Frequency Rate Fee Rate Fee
1 x week $ 172.84 1.20 171.64 17.16
2 xweek $ 286.76 2.40 284.36 28.44
3 xweek $ 400.54 3.60 396.94 39.69
4 xweek $ 502.66 4.80 497.86 49.79
5 xweek $ 604.93 6.00 598.93 59.89
6 xweek $ 706.88 7.20 699.68 69.97
0 EDCO Waste Recycling Services, Inc
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
% Change - CPI
Rate Change
Service Service Tip Fee
Tip Fee Fee 2.771% 3.42%
32.47 115.54 3.20 1.11
64.90 180.84 5.01 2.22
97.37 246.11 6.82 3.33
129.80 300.21 8.32 4.44
162.30 354.25 9.81 5.55
194.74 408.43 11.32 6.66
Rate Chan_g_e
Service Service Tip Fee
Tip Fee Fee 2.771% 3.42%
43.26 111.22 3.08 1.48
86.56 169.36 4.69 2.96
129.80 227.45 6.30 4.44
173.08 274.99 7.62 5.92
216.37 322.67 8.94 7.40
259.67 370.04 10.25 8.88
365.529
375.656
10.127
2.771%
Franchise
Fee
$ 0.47
$ 0.81
$ 1.13
$ 1.42
$ 1.71
$ 2.00
Franchise
Fee
$ 0.51
$ 0.85
$ 1.20
$ 1.50
$ 1.82
$ 2.12
9 of 13
New Rate
Total Total AB9939
Change New Rate Fee
$ 4.78 $ 170.44 1.20
$ 8.04 $ 283.48 2.40
$ 11.28 $ 396.52 3.60
$ 14.18 $ 496.77 4.80
$ 17.07 $ 597.01 6.00
$ 19.98 $ 697.37 7.20
- --0.00
New Rate
Total Total AB9939
Change New Rate Fee
$ 5.07 $ 177.91 1.20
$ 8.50 $ 295.26 2.40
$ 11.94 $ 412.48 3.60
$ 15.04 $ 517.70 4.80
$ 18.16 $ 623.09 6.00
$ 21.25 $ 728.13 7.20
(0.00)
RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
% Change - Tip Fee
Net Franchise
Rate Fee
169.24 $16.92
281.08 $28.11
392.92 $39.29
491.97 $49.20
591.01 $59.10
690.17 $69.02
Net Franchise
Rate Fee
176.71 $17.67
292.86 $29.29
408.88 $40.89
512.90 $51.29
617.09 $61.71
720.93 $72.09
$ 50.21
$ 51.93
$""""i'T2
3.42%
Tip Fee
$ 33.58
$ 67.12
$ 100.70
$ 134.24
$ 167.85
$ 201.40
Tip Fee
$ 44.74
$ 89.52
$ 134.24
$ 179.00
$ 223.77
$ 268.55
Service %
Fee Change
$ 118.74 2.89%
$ 185.85 2.92%
$ 252.93 2.93%
$ 308.53 2.94%
$ 364.06 2.94%
$ 419.75 2.95%
-· Check
Service %
Fee Change
$ 114.30 2.93%
$ 174.05 2.96%
$ 233.75 2.98%
$ 282.61 2.99%
$ 331.61 3.00%
$ 380.29 3.01%
4/4/2025
April 15, 2025, Item #5
...
~ Multi-Family Residential Bin Rates (Includes Yard Waste) .....
11.J
w
5 Cubic Yard
Current Rate
Service Total AB9939 Net Franchise
Frequency Rate Fee Rate Fee
1 xweek $ 192.42 1.20 191.22 19.12
2 x week $ 316.62 2.40 314.22 31.42
3 x week $ 440.20 3.60 436.60 43.66
4 x week $ 558.17 4.80 553.37 55.34
5 x week $ 676.71 6.00 670.71 67.07
6 xweek $ 794.73 7.20 787.53 78.75
(0)
6 Cubic Yard
Current Rate
Service Total AB9939 Net Franchise
Frequency Rate Fee Rate Fee
1 xweek $ 205.69 1.20 204.49 20.45
2 xweek $ 336.91 2.40 334.51 33.45
3 x week $ 468.17 3.60 464.57 46.46
4 x week $ 593.10 4.80 588.30 58.83
5 x week $ 718.07 6.00 712.07 71.21
6 x week $ 843.04 7.20 835.84 83.58
(0)
EDCO Waste Recycling Services, Inc
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
% Change - CPI
Rate Chan_g_e
Service Service Tip Fee
Tip Fee Fee 2.771% 3.42%
54.08 118.02 3.27 1.85
108.19 174.61 4.84 3.70
168.12 224.82 6.23 5.75
224.14 273.89 7.59 7.66
270.43 333.21 9.23 9.25
324.55 384.23 10.65 11.10
Rate Chan_g_e
Service Service Tip Fee
Tip Fee Fee 2.771% 3.42%
64.90 119.14 3.30 2.22
129.80 171.26 4.74 4.44
194.74 223.37 6.19 6.66
259.67 269.80 7.47 8.88
324.55 316.31 8.76 11.10
389.47 362.79 10.05 13.32
365.529
375.656
10.127
2.771%
Franchise
Fee
$ 0.57
$ 0.95
$ 1 .33
$ 1.69
$ 2.05
$ 2.42
Franchise
Fee
$ 0.61
$ 1.02
$ 1.42
$ 1.82
$ 2.20
$ 2.60
10 of 13
New Rate
Total Total AB9939
Change New Rate Fee
$ 5.69 $ 198.11 1.20
$ 9.49 $ 326.11 2.40
$ 13.31 $ 453.51 3.60
$ 16.94 $ 575.11 4.80
$ 20.53 $ 697.24 6.00
$ 24.17 $ 818.90 7.20
(0.00)
New Rate
Total Total AB9939
Change New Rate Fee
$ 6.13 $ 211.82 1.20
$ 10.20 $ 347.11 2.40
$ 14.27 $ 482.44 3.60
$ 18.17 $ 611.27 4.80
$ 22.06 $ 740.13 6.00
$ 25.97 $ 869.01 7.20
·- --· (0.00)
RSWA Tip Fee 2024
RSWA Tip Fee 2025
Change
% Change - Tip Fee
Net Franchise
Rate Fee
196.91 $19.69
323.71 $32.37
449.91 $44.99
570.31 $57.03
691.24 $69.12
811.70 $81.17
Net Franchise
Rate Fee
210.62 $21.06
344.71 $34.47
478.84 $47.88
606.47 $60.65
734.13 $73.41
861.81 $86.18
$ 50.21
$ 51.93
$1T2'
3.42%
Tip Fee
$ 55.93
$ 111.89
$ 173.87
$ 231.80
$ 279.68
$ 335.65
Tip Fee
$ 67.12
$ 134.24
$ 201.40
$ 268.55
$ 335.65
$ 402.79
$
$
$
$
$
$
$
$
$
$
$
$
Service %
Fee Change
121.29 2.96%
179.45 3.00%
231.05 3.02%
281.48 3.03%
342.44 3.03%
394.88 3.04%
Service %
Fee Change
122.44 2.98%
176.00 3.03%
229.56 3.05%
277.27 3.06%
325.07 3.07%
372.84 3.08%
4/4/2025
April 15, 2025, Item #5
....
\D
0 ....
N w
Powa_y_ Commercial Service Rates Effective 7/1/2025
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
% Change - CPI
Commercial Recycling Services
Collection Weekly
19 Cart
Box Services
Total Scheduled Debris Box Serviced Monthly
Unscheduled Debris Box Pulls (40-Cubic Yards)
RSWA Trash Rate per ton, including Franchise Fee
CDI - Tip Fee plus FF/City Fees
3-Cubic Yard Bin - 3-Day Rental
3-Cubic Yard Bin - 1-Month Rental (Once-a-Week
Emptying (Primarily Construction & Remote))
Additional Dump of 3-Cu.Yd. Bin
Daily Roll-Off Rental
Locking Lid Set Up
Daily Impound Fee for Storage of Unauthorized ContainE
Service Charge to Reinstate Collection Services
After Termination for Non-Payment
EDCO Waste Recycling Services, Inc
Current
Rate
$ 42.40
$ 52.95
$ 63.56
$ 74.13
$ 74.13
$ 21.67
$ 219.03
$ 235.94
$ 55.79
$ 78.55
$ 313.29
$ 35.85
$ 6.35
$ 12.38
$ 28.03
$ 18.03
365.529
375.656
10.127
2.771%
Proposed
Rate
$ 43.57
$ 54.42
$ 65.32
$ 76.18
$ 76.18
$ 22.27
$ 225.10
$ 242.48
$ 57.70
$ 80.73
$ 321.97
$ 36.84
$ 6.53
$ 12.72
$ 28.81
$ 18.53
Rate
Change
$ 1.17
$ 1.47
$ 1.76
$ 2.05
$ 2.05
$ 0.60
$ 6.07
$ 6.54
$ 1.91
$ 2.18
$ 8.68
$ 0.99
$ 0.18
$ 0.34
$ 0.78
$ 0.50
11 of 13
%
Change
2.759%
2.776%
2.769%
2.765%
2.765%
2.769%
2.771%
2.772%
3.424%
2.775%
2.771%
2.762%
2.835%
2.746%
2.783%
2.773%
4/4/2025
April 15, 2025, Item #5
City of Poway
~ Rates for Anaerobic Digestion of Greenwaste & Foodwaste !a. ?.l1L 2 0 2 5
N w
Consumer Price Index 2nd Half 2023
Consumer Price Index 2nd Half 2024
Change
% Change - CPI
Pro12,osed Rates 7/1/25
1st Container
Size
Cart (65 gl)
Cart (96 gl)
2CY
3CY
Each Additional Container
Size
Cart (65 gl)
Cart (96 gl)
2CY
3CY
1 $ 108.70
$122.59
$ 198.83
$ 254.42
1 $ 103.26
$ 116.47
$ 188.89
$ 241.71
EDCO Waste Recycling SeNices, Inc
Frequency
6 ~
$ 217.40 $ 326.10
$245 .19 $367.80
$ 397.67 $ 596.49
$ 508.85 $ 763.28
6 $ 206.54
$ 232.93
$ 377.78
$ 483.40
~
$ 309.80
$ 349.41
$ 566.68
$ 725.11
365.529
375.656
10.127
2.771%
Extra
Pickup
$ 43.48
$ 49.03
$ 79.53
$101 .76
12 of 13 4/4/2025
April 15, 2025, Item #5
Consumer Price Index for All Urban Consumers (Cl
~ Original Data Value
0 ....
N w Series Id: CUURS49ESA0
Not Seasonally Adjusted
Series Title: All items in San Diego-Carlsbad, CA, all urban Area:
Item:
Base Period:
Years:
Year
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
New Tip Fee
Old Tip Fee
Change
% Change
San Diego-Carlsbad, CA
All items
1982-84=100
2015 to 2025
Jan Feb
288.331
295.761
302.564
307.688
332.990
354.453
367.917
381.952
$
51 .93 7/1/2025
$ 50.21 7/1/2024
$ 1 .72
3.42%
Mar
290.810
297.226
302.589
315.035
339.852
358.026
370.858
EDCO Waste Recycling Services, Inc
Apr May
289.243
300.303
301 .317
317.141
343.502
361 .339
372.858
Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2
269.436 267.346 271.526
274.732 272.628 276.837
285.961 283.012 281.561 284.464
295.185 295.883 293.858 292.547 290.076 295.018
299.333 301 .033 301.520 299.433 298.147 300.718
305.611 304.443 306.334 303.932 302.040 305.823
323.906 324.138 326.422 319.761 314.282 325.241
347.462 350.721 348.145 344.416 339.886 348.945
362.412 367.185 366.343 362.022 358.515 365.529
375.072 376.221 375.860 373.321 370.987 375.656
10.127
2.771%
13 of 13 4/4/2025
April 15, 2025, Item #5
WASTE & RECYCLING SERVICES
Memo
To:
From:
James Eggart, General Manager-RSWA
Steve South, CEO-EDCO
Date: February 1 Ord 2025
Re: RSWA Tip Fee Calculation for FY 2025/26
As specified in the disposal contract between our organizations, the following formula is used to calculate the RSWA tip fee for the upcoming fiscal year beginning July 1, 2025. Please refer to the attached spreadsheet for 2024 tonnage data and the Consumer Price Index used in the calculation.
The LA-Long Beach-Anaheim CPI for all Urban Consumers increased 3.42% from December 2023 to December 2024.
• 2/3 (or .6667) of the current tip fee increases by the change in the CPI Of 3.42%. 2/3 X 3.42%= 2.2801 %.
• 1/3 (or .3333) of the current tip fee changes by the difference between the CPI increase of 3.42% and the percentage change in solid waste tonnage generated by RSWA cities from the previous calendar year. In 2024, RSWA tonnage decreased -1.85% when compared to 2023 and therefore will be adjusted at the CPI rate of 3.42%
• 1/3 (or .3333) of 3.42% = 1.1399%.
• The combined effect of the CPI (2.2801 %) and the decreased tonnage calculation (1.1399%), results in an allowable increase of 3.42% applied to the entire rate.
1. Del Mar, Encinitas, Solana Beach and Vista Tip Fee Calculation.
The current tip fee of $55.69 per ton is increased 3.42% resulting in an increase of $1.90 per ton. The new tip fee for these four cities on July 1, 2025 is $57.59 per ton.
2. National City & Poway
22 of 23
The current tip fee in these two cities of $50.21 is increased 3.42% resulting in an increase of $1.72 per ton. The new tip fee for these cities on July 1, 2025 is $51.93 per ton.
ATTACHMENT C
April 15, 2025, Item #5
23 of
23 3.
Volume
Rebate
Calculation
The
current
annual
volume
rebate
of
$415
,796.26
is
multiplied
by
the
CPI
increase
of
3.42%,
which
generates
an
additional
$14,220
.23
in
rebate
revenue.
The
adjusted
volume
rebate
is
$430,016.49.
1/3
of
this
amount
($143
,338,83),
is
adjusted
by
the
percentage
change
in
tonnage
generated
in
2024 compared
to
2023,
(-1.87%).
Since
the
tonnage
change
is
negative,
it results
in
0%
change
for
this
component
of
the
rate
.
Therefore,
the
total
volume
rebate
payable
to
RSWA
beginning
July
1,
2025
is
$430
,016.49
Please
review
these
calculations
at
your
earliest
convenience
so
we
may
proceed
with
rate
changes
in
all
RSWA
cities.
April 15, 2025, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
CITY COUNCIL
April 15, 2025
Honorable Mayor and Members of the City ~~~cil
Eric Heidemann, Director of Public Works V'
Michael Obermiller, Public Works Operations Manager~
(858) 668-4722 or [email protected]
Award of Contract to Mansfield Oil of Gainesville, Inc. for Various Fuels Utilizing Sourcewell Cooperative Purchasing Program Contract No. 121522-MNF The approved Fiscal Year 2024-25 Operating Budget includes funding for the purchase of unleaded and diesel fuel for the City of Poway's (City) fleet vehicles and equipment. The City currently purchases approximately 47,000 gallons of unleaded fuel and 25,000 gallons of diesel fuel annually. To ensure the most favorable pricing is available, the City participates in and is a member of several cooperative purchasing organizations, including Sourcewell, formally known as National Joint Powers Alliance (NJPA), which establish and provide nationwide competitively solicited purchasing contracts to be utilized by member agencies, including government entities, such as the City.
Sourcewell presented optimal pricing for fuel delivery with related services from Mansfield Oil of Gainesville, Inc. that meets the City's service requirements and specifications.
Recommended Action:
It is recommended City Council award the Contract for the purchase of motor vehicle fuel to Mansfield Oil of Gainesville, Inc. utilizing Sourcewell Cooperative Purchasing Contract No. 121522-MNF and authorize the City Manager to execute the necessary documents.
Discussion:
The City's Fleet consists of 125 street-legal vehicles and other heavy equipment used for inspecting, maintaining, and operating City facilities and infrastructure. These vehicles are serviced and fueled by the Fleet Maintenance division. Fuel is required for the Fleet Maintenance facility, Fire Station 3, and generators located throughout the City. The Fleet Maintenance facility contains underground storage tanks with a maximum capacity of 6,000 gallons of unleaded fuel and 4,000 gallons of diesel. Fire Station 3 is equipped with a 1,000-gallon above-ground storage tank. On average, all tanks are refilled every two weeks to ensure fuel is readily available for City vehicles and equipment. Generators are 1 of28
April 15, 2025, Item #6
topped off as needed, based on the duration of power outages and planned maintenance cycles. The City uses approximately 47,000 gallons of unleaded fuel and 25,000 gallons of diesel fuel annually.
The current fuel Contract expires on May 17, 2025. The City intends to enter into a new Contract, included as Attachment A, with Mansfield Oil Company of Gainesville, Inc., who is committed to providing fuel to the City.
The fuel price is determined based on the delivery date and is calculated using the Oil Price Information Service (OPIS) "Unbranded Low Rack" fuel price benchmark for San Diego, in conjunction with the California Cap-and-Trade (CAR) cost. The "Unbranded Low Rack" price represents the lowest supplier fuel price posted in the OPIS rack market for that specific day. The CAR cost accounts for the influence of California's cap-and-trade regulations on fuel prices. The market differential is a four-digit decimal value added to the benchmark index to determine the price of the fuel product. This differential includes all costs and profit components set by the contractor, excluding any applicable fuel taxes. The rack price, plus the market differential, is the total amount to be paid by the City upon delivery of the fuel.
Citywide Fuel Fees
Location Type of Fuel Fuel Price Per Gallon Delivery Fee Fleet Maintenance Unleaded OPIS w/ CAR + $0.2654 $150
Deliveries under 2,200 gallons
Fleet Maintenance Diesel OPIS w/ CAR + $0.3654 $150
Deliveries under 1,500 gallons
Fire Station 3 Diesel OPIS w/ CAR+ $0.5654 $150
Deliveries under 375 gallons
$150
Generators Diesel OPIS w/ CAR+ $0.6506 Delivery fee included for all generators
All contracts offered through Sourcewell have been awarded through a Request for Proposal (RFP) competitive solicitation program by a public agency/government entity (e.g., state, city, county, public university or school district). The program provides a streamlined and effective procurement option by establishing contracts with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner.
Sourcewell completed an RFP on October 27, 2022, for unleaded and diesel fuel delivery. Nine (9) bids were received. After a competitive process and evaluation, the successful bidder was Mansfield Oil Company of Gainesville, Inc.
The Sourcewell Contract with Mansfield Oil Company of Gainesville, Inc. began on February 1, 2023, and ends on February 10, 2028. The length of the proposed Contract shall be for approximately one (1) year beginning May 18, 2025, through February 10, 2026. The Contract may be extended subject to City Council appropriation of funds through a total of two (2) separate one-year terms. The maximum length of the Contract would be up to three (3) years.
The full Cooperative Purchasing Program Contract No. 121522-MNF is on file with the Public Works department.
2 of28
April 15, 2025, Item #6
Environmental
Review
:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
Sufficient
funds
are
available
in
the
Fiscal
Year
2024-25
operating
budget
for
Vehicle
and
Equipment
Maintenance
(413010-31020)
. Funding
for
subsequent
years'
service
will
be
proposed
in
future
fiscal
year
budgets
. The
City
proactively
plans
for
the
purchase
of
fuel
as
part
of
the
budget
development
process. Public
Notification:
None. Attachments: A.
Contract
for
Sale
and
Purchase
of
Goods
and
Materials
Reviewed/Approved
By
:
%L-----Wen
~
aserman
Assistant
City
Manager
3 of28
Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Approved
By
:
Ch
~
City
Manager
April 15, 2025, Item #6
CONTRACT FOR THE
SALE AND PURCHASE OF GOODS AND MATERIALS
This Contract, entered into this 18th day of May 2025, by and between the CITY OF POWAY, (hereinafter referred to as "City") and MANSFIELD OIL OF GRAINESVILLE, INC. (the "Seller'').
1. Sale and Purchase.
The City of Poway (the "City") has elected to become a participating agency in the cooperative fuel purchase agreement with Mansfield Oil of Gainesville, Inc. (the "Seller") through the Sourcewell Cooperative Purchasing Contract No. 121522-MNF made part hereof, a copy of which is on file at the Public Works Office. By electing to become a participating agency the City accepts the price and terms for the purchase of fuel as bid by the Seller (the "Seller's Bid"), as more particularly reflected through this Contract for the Sale and Purchase of Goods and Materials (the "Contract").
Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Bid Sheet, attached hereto and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Sheet.
The initial length of the Contract will be for approximately one (1) year, beginning on May 18, 2025, and ending on February 10, 2026. This Contract may be extended for up to two (2) additional one-year periods upon approval in writing of the City Manager and Seller.
3. Price.
Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in attachment 1 accompanying the Seller's Bid submitted in response to the Sourcewell Cooperative Purchasing Contract.
4. Payment.
The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 4 of28 ATTACHMENT A
April 15, 2025, Item #6
5. Delivery.
Delivery
shall
be
at
such
locations
identified
on
attachment
2 (each,
a
"Location,"
collectively,
the
"Locations").
6. Supply
and
Output
Capability
of
Seller.
If
Seller
is
unable
for
any
reason
to
supply
City's
requirements,
Seller
shall
immediately
notify
City
and
provide
its
best
estimate
of
the
delivery
and
installation,
as
it
may
apply.
City
may,
at
its
sole
and
exclusive
option,
notify
Seller
in
writing
of
City's
decision
to
terminate
the
order
without
liability.
If the
inability
to
supply
City
with
its
needs
is
not
due
to
the
negligence
or
faults
of
Seller,
and
Seller
has
notified
City
in
writing
as
soon
as
Seller
discovers
the
circumstances
necessitating
a
revised
delivery
date,
the
termination
of
the
order
shall
not
entitle
City
to
any
damages.
7. Assignment
and
Delegation:
Successors.
Neither
Seller
nor
City
shall
assign
any
rights
or delegate
any
obligations
to
the
Contract
without
express
written
approval
and
acceptance
of
the
other
party.
Any
such
assignment
or
delegation
without
express
written
approval
and
acceptance
shall
be
null
and
void.
All
terms,
conditions
and
prov1s1ons
of
this
Contract,
the
Seller's
Bid,
and
Sourcewell
Cooperative
Purchasing
Contract
shall
inure
to
and
bind
each
of
the
parties
hereto,
and
each
of
their
successors
in
interest,
executors,
and
administrators.
8. Indemnification.
Seller
agrees
to
indemnify,
defend
by
an
attorney
of
the
City's
own
choice,
and
hold
harmless,
the
City,
and
its
elected
and
appointed
officers,
agents
and
employees
(the
"lndemnitees")
against
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens
, levies,
costs
and
expenses
of
whatever
nature,
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
or
allegedly
caused
by
the
City's
use
of
the
product
or
installation
services
sold
by
seller
to
City,
provided
that
City
has
not
altered
or
tampered
with
such
product
in
any
way
and
has
used
such
product
in
accordance
with
Seller
's or
manufacturer's
instructions
and
warnings.
If
any
action
or
proceeding
is
brought
against
lndemnitees
by
reason
of
any
of
the
matters
against
which
Seller
has
agreed
to
indemnify
lndemnitees
as
provided
above,
Seller,
upon
notice
from
City,
shall
defend
lndemnitees
at
Seller's
expense
in
the
manner
set
forth
above
in
this
Section
8. lndemnitees
need
not
have
first
paid
for
any
of
the
matters to
which
lndemnitees
are
entitled
to
indemnification
in
order
to
be
so
indemnified.
The
insurance
required
to
be
maintained
by
Seller
shall
ensure
Seller's
obligations
under
5 of28
April 15, 2025, Item #6
this section, but the limits of such insurance shall not limit the liability of Seller hereunder.
The provisions of this section shall survive the expiration or earlier termination of this Agreement.
The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions.
The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage.
9. Seller's Insurance.
The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows:
• Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles:
$1,000,000 Combined Single Limit coverage;
• Workers' Compensation insurance: Per the statutory amount.
Each policy is to provide 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.
Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents.
The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract.
All bonds and all insurance shall meet the following standards. The issuing company:
6 of28
a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and
b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken.
April 15, 2025, Item #6
In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation (See City Council Resolution 90-082).
10. Integration.
The terms of this Contract, the Seller's Bid, and the Sourcewell Cooperative Purchasing Contract, are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract. In the event of any conflict between the written expressions of this Contract, the Seller's Bid, and the Sourcewell Cooperative Purchasing Contract, the terms and interpretations given to the provisions of this writing shall prevail.
11. Applicable Law.
The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party.
(Remainder of page intentionally left blank.)
7 of28
April 15, 2025, Item #6
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:
By:
__________
_
Alan
Fenstermacher,
City
Attorney
8 of28
MANSFIELD
OIL
OF
GAINESVILLE,
INC.
By:------------
Matthew
Peck,
Business
Manager
Date:
------------
April 15, 2025, Item #6
DocuSign
Envelope
ID
: 103DC81A-DA34-4DDA-AAF4-6AAAB065D71F
A TT
AC
HM
ENT
1 121522-MNF
Source
well
~
Solicitation
Number:
RFP
#121522
CONTRACT
This
Contract
is
between
Sourcewell,
202
12th
Street
Northeast,
P.O.
Box
219,
Staples,
MN
56479
(Sourcewell}
and
Mansfield
Oil
Company
of
Gainesville,
Inc.,
1025
Airport
Parkway
SW,
Gainesville,
GA
30501-6813
(Supplier}.
Sourcewell
is
a State
of
Minnesota
local
government
unit
and
service
cooperative
created
under
the
laws
of
the
State
of
Minnesota
(Minnesota
Statutes
Section
123A.21}
that
offers
cooperative
procurement
solutions
to
government
entities.
Participation
is
open
to
eligible
federal,
state/province,
and
municipal
governmental
entities,
higher
education,
K-12
education,
nonprofit,
tribal
government,
and
other
public
entities
located
in
the
United
States
and
Canada.
Sourcewell
issued
a
public solicitation
for
Fuel
Delivery
with
Related
Services
from
which
Supplier
was
awarded
a contract.
Supplier
desires
to
contract
with
Sourcewell
to
provide
equipment,
products,
or
services
to
Sourcewell
and
the
entities
that
access
Sourcewell's
cooperative
purchasing
contracts
(Participating
Entities}.
1. TERM
OF
CONTRACT
A.
EFFECTIVE
DATE.
This
Contract
is
effective
upon
the
date
of
the
final
signature
below.
B.
EXPIRATION
DATE
AND
EXTENSION.
This
Contract
expires
February
10,
2027,
unless
it
is
cancelled
sooner
pursuant
to
Article
22. This
Contract
may
be
extended
one
additional
year
upon
the
request
of
Sourcewell
and
written
agreement
by
Supplier.
C.
SURVIVAL
OF
TERMS.
Notwithstanding
any
expiration
or
termination
of
this
Contract,
all
payment
obligations
incurred
prior
to
expiration
or
termination
will
survive,
as
will
the
following:
Articles
11 through
14 survive
the
expiration
or
cancellation
of
this
Contract.
All
other
rights
will
cease
upon
expiration
or
termination
of
this
Contract.
2. EQUIPMENT,
PRODUCTS,
OR
SERVICES
A.
EQUIPMENT,
PRODUCTS,
OR
SERVICES.
Supplier
will
provide
the
Equipment,
Products,
or
Services
as
stated
in
its
Proposal
submitted
under
the
Solicitation
Number
listed
above.
Rev
.3/2022
9 of28
April 15, 2025, Item #6
DocuSign Envelope ID: 103DC81A-DA34-4DDA-AAF4-6AAAB065D71 F 121522-MNF
Supplier's Equipment, Products, or Services Proposal {Proposal} is attached and incorporated into this Contract.
Unless agreed to by the Participating Entities in advance, Products must be delivered to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the Supplier. Any warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services, and includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products.
Rev.3/2022
10 of 28
April 15, 2025, Item #6
DocuSign Envelope ID: 103DC81A-DA34-4DDA-AAF4-6AAAB065D71F 121522-MNF
Supplier must arrange for and pay for the removal of Equipment and Products that arrive in a non-conforming or defective condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers non-conforming, substandard, defective, or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax exempt entity.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Rev. 3/2022
11 of 28
April 15, 2025, Item #6
DocuSign Envelope ID: 103DC81A-DA34-4DDA-AAF4-6AAAB065O71 F 121522-MNF
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e commerce specifications, specialized delivery requirements, or other specifications and Rev. 3/2022
12 of 28
April 15, 2025, Item #6
DocuSign
Envelope
ID:
103DC81A-DA34-4DDA-AAF4-6AAAB065D71F
121522-MNF
requirements),
the
Participating
Entity
and
the
Supplier
may
enter
into
a
separate,
standalone
agreement,
apart
from
this
Contract.
Sourcewell,
including
its
agents
and
employees,
will
not
be
made
a
party
to
a
claim
for
breach
of
such
agreement.
D.
TERMINATION
OF
ORDERS.
Participating
Entities
may
terminate
an
order,
in
whole
or
in
part,
immediately
upon
notice
to
Supplier
in
the
event
of
any
of
the
following
events:
1. The
Participating
Entity
fails
to
receive
funding
or
appropriation
from
its
governing
body
at
levels
sufficient
to
pay
for
the
equipment,
products,
or
services
to
be
purchased;
or
2. Federal,
state,
or
provincial
laws
or
regulations
prohibit
the
purchase
or
change
the
Participating
Entity's
requirements.
E.
GOVERNING
LAW
AND
VENUE.
The
governing law
and
venue
for
any
action
related
to
a
Participating
Entity's
order
will
be
determined
by
the
Participating
Entity
making
the
purchase.
7. CUSTOMER
SERVICE
A.
PRIMARY
ACCOUNT
REPRESENTATIVE.
Supplier
will
assign
an
Account
Representative to
Sourcewell
for
this
Contract
and
must
provide
prompt
notice
to
Sourcewell
if
that
person
is
changed.
The
Account
Representative
will
be
responsible
for:
•
Maintenance
and
management
of
this
Contract;
•
Timely
response
to
all
Sourcewell
and
Participating
Entity
inquiries;
and
•
Business
reviews
to
Sourcewell
and
Participating
Entities,
if
applicable.
B.
BUSINESS
REVIEWS.
Supplier
must
perform
a
minimum
of
one
business
review
with
Sourcewell
per
contract
year.
The
business
review
will
cover
sales
to
Participating
Entities,
pricing
and
contract
terms,
administrative
fees,
sales
data
reports,
performance
issues,
supply
issues,
customer
issues,
and
any
other
necessary
information.
8. REPORT
ON
CONTRACT
SALES
ACTIVITY
AND
ADMINISTRATIVE
FEE
PAYMENT
A.
CONTRACT
SALES
ACTIVITY
REPORT.
Each
calendar
quarter,
Supplier
must
provide
a
contract
sales
activity
report
(Report)
to
the
Sourcewell
Supplier
Development
Administrator
assigned
to
this
Contract.
Reports
are
due
no
later
than
45 days
after
the
end
of
each
calendar
quarter.
A
Report
must
be
provided
regardless
of
the
number
or
amount
of
sales
during
that
quarter
(i.e.,
if
there
are
no
sales,
Supplier
must
submit
a
report
indicating
no
sales
were
made). The
Report
must
contain
the
following
fields:
•
Participating
Entity
Name
(e.g.,
City
of
Staples
Highway
Department);
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• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the administrative fee calculated as stated in the Proposal on the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
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Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person{s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Rev.3/2022
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Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sub/icense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all Rev. 3/2022
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marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Rev.3/2022
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Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
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Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
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2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Transportation Pollution Liability Insurance. During the term of this Contract, Supplier will maintain transportation pollution liability insurance, with coverage for loading and unloading, and endorsement of form MCS-90.
Minimum Limits:
$1,000,000
5. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data -including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
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$2,000,000 per occurrence
$2,000,000 annual aggregate
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Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy{ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer{s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision{s) or endorsement{s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require {by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy{ies), or self-insured retention.
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19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339}, as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing Rev.3/2022
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regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
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D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2{a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT {42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 u.s.c. § 1352).
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H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
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0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
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DocuSign Envelope ID: 103DC81A-DA34-4DDA-AAF4-6AAAB065D71F Sourcewell
I.DocuSlgned by:
By: ~/3g~~o.fl'7
Jeremy Schwartz
Title: Chief Procurement Officer
2/1/2023 I 5:03 PM CST
Date: __________ _
Approved:
It DocuSlgned by:
By: 0:!FkA~
Chad Coauette
Title: Executive Director/CEO
2/1/2023 I 5:42 PM CST
Date: __________ _
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121522-MNF
Mansfield Oil Company of Gainesville, Inc.
lnDocuSlgned by:
By:02::J!1!::::~ .
Dan Luther
Title: Vice President of Government Sales
2/1/2023 I 11:58 AM CST
Date: __________ _
April 15, 2025, Item #6
FEE PROPOSAL
Bulk Fuel Deliveries:
• Product (exclusive of any applicable taxes):
o Fleet Maintenance non-generator Gas Tank
• Tank Wagon Gasoline:
• OPIS San Diego, CA Gross Contract Average w/CAR + $.1654per gallon o Fleet Maintenance non-generator Diesel Tank
• Tank Wagon ULSD Clear Diesel:
• OPIS San Diego, CA Gross Contract Average w/CAR + $.2154 per gallon o Fire Station 3 non-generator Diesel Tank
• Tank Wagon ULSD Clear Diesel:
• OPIS San Diego, CA Gross Contract Average w/CAR + $.2154 per gallon • Product (exclusive of any applicable taxes):
o All Generator Diesel Tanks:
• Tank Wagon Dyed ULSD Diesel:
• OPIS San Diego, CA Gross Contract Average w/CAR + $.4006 per gallon • Freight Charges (exclusive of any applicable taxes): * All Freight Charges are pass-throughs under the Sourcewell agreement*
o Fleet Maintenance non-generator Gas Tank
• +$. 1000 per gallon
• +$150 delivery fee for deliveries under 2,200 gallons o Fleet Maintenance non-generator Diesel Tank
• +$.1500pergallon
• +$150 delivery fee for deliveries under 1,500 gallons o Fire Station 3 non-generator Diesel Tank
• +$.3500 per gallon
• +$150 delivery fee for deliveries under 375 gallons
o All Generator Diesel Tanks:
• +$.2500 per gallon
• +$150 delivery fee for all deliveries to generators
27 of28
April 15, 2025, Item #6
Name and Address of Facilities:
ATTACHMENT 2
DELIVERY DETAILS
a. Public Works Fleet Maintenance -Fuel Station
14415 Lake Poway Road
Poway, CA 92064
b. Fire Station #3
14322 Pomerado Road
Poway, CA 92064
Contact Information: Mike Weigel, Fleet Maintenance Supervisor, (858) 668-4745 Delivery to Public Works Fleet Maintenance -Fuel Station a. Delivery type: Tank Truck
b. Delivery specifications: Monday - Thursday 7:30 am to 3:30 pm c. Tanks: 2 (one 4,000-gallon diesel and one 6,000-gallon gasoline) Fuels: Diesel and Gasoline
a. Fuel Type: Ultra Low Sulfur Diesel
Price: Refer to Bid Schedule
Estimated Annual Quantity: 17,000 gallons of diesel
b. Fuel Type: Regular Unleaded Gasoline
Price: Refer to Bid Schedule
Estimated Annual Quantity: 51,000 gallons of gasoline
Delivery to Fire Station #3
a. Delivery type: Tank Truck
b. Delivery specifications: Monday -Thursday, 7:30 am to 3:30 pm c. Tanks: 1 (1,000 gallon above ground tank)
Fuel: Diesel
a. Fuel Type: Diesel
Price: Refer to Bid Schedule
Estimated Annual Quantity: 12,000 gallons of diesel
28 of28
April 15, 2025, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 15, 2025
Honorable Mayor and Members of the City ~cil
Eric Heidemann, Director of Public Works 1/'
1 Danielle McIntosh, Senior Management Analys~
(858) 668-4729 or [email protected]
CITY COUNCIL
Award of Agreement to United Site Services of California, Inc. for Portable Toilet Services; RFP No. 25-010
A request for proposal (RFP) for Portable Toilet Services was duly advertised on February 20 and February 27, 2025. Two (2) proposals were received and opened on March 6, 2025. Staff reviewed the proposals submitted and determined United Site Services of California, Inc. (United Site Services) to be responsive and qualified to provide these services. The length of this Agreement shall be two (2) years beginning on May 1, 2025, through April 30, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for Portable Toilet Services, RFP No. 25-010, to United Site Services of California, Inc. and authorize the City Manager to execute the necessary documents.
Discussion:
The City currently has 10 portable toilets located around Lake Poway and Blue Sky Ecological Reserve, as well as two (2) permanent restroom facilities at the Iron Mountain trail head located off Hwy 67 and Poway Road, that require regular servicing and maintenance. In addition, staff occasionally rents portable restroom units for various City events throughout the year, to support construction projects, or to address emergencies as they arise. These portable rental services ensure that park patrons, hikers, and visitors have access to clean and convenient restroom facilities during outdoor activities.
By providing these necessary amenities in areas where permanent facilities may be limited, the City helps maintain cleanliness and supports the comfort and well-being of residents and visitors.
The City issued a notice inviting proposals for portable toilet services on February 20 and February 27, 2025. Two (2) proposals were received and opened on March 6, 2025. Evaluation criteria included the 1 of24
firm’s experience, capacity to perform, and proposed cost. After reviewing the proposals, City staff determined United Site Services to be qualified to provide portable toilet services to the City. United Site Services offers a more cost -effective monthly and yearly rate, which is beneficial to the City. The rate of service is outlined in Table 1 below and reflect s the fees submitted by the proposer . Staff identified discrepancies in the submitted fee schedule, as the rates do not align correctly. The proposers have verified the rates of service per month and per year as presented which is why staff is recommending United Site Services.
Table 1:
Rates of Service
United Site Services of California, Inc.
Unit Type Location Number
of Units
Service
Per Week
Service
Per
Year
Rate of
Service
Per Visit
Rate of
Service Per
Month
Rate of
Service Per
Year
Single Lake Poway 8 1 52 $21.15 $84.60 $1,015.20
Single Blue Sky,
Espola Rd. 2 1 52 $21.15 $84.60 $1,015.20
Holding Tank
Below Ground
(500 Gallons)
Hwy 67 and
Poway Road 2 Monthly 12 $476.53 $476.53 $5,718.36
Diamond Environmental Services, LP
Unit Type Location Number
of Units
Service
Per
Week
Service
Per
Year
Rate of
Service
Per Visit
Rate of
Service Per
Month
Rate of
Service
Per Year
Single Lake Poway 8 1 52 $17.50 $560
Plus rental fee $8,320
Single Blue Sky,
Espola Rd. 2 1 52 $17.50 $560
Plus rental fee $8,320
Holding Tank
Below Ground
(500 Gallons)
Hwy 67 and
Poway Road 2 Monthly 12 $200 $400 $4,800
The length of the initial Agreement shall be for two (2) years beginning May 1, 2025, through April 30, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one- year terms. The maximum length of the A greement would be up to five (5) years.
Environmental Review:
This a
ction is not subject to review under the California Environmental Quality Act (CEQA).
April 15, 2025, Item #7
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April 15, 2025, Item #7
Fiscal
Impact:
Sufficient
funds
are
budgeted
in
Fiscal
Year
2024-25
Park,
Trail
and
Landscape
Maintenance
(414040-
41200)
for
these
services
. Funding
for
subsequent
years'
service
will
be
proposed
in
future
fiscal
year
budgets.
The
City
proactively
plans
for
portable
toilet
service
work
as
part
of
the
budget
development
process. Public
Notification:
None. Attachments: A.
Standard
Agreement
Reviewed/Approved
By
:
Assistant
City
Manager
3 of
24 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By
:
Chris
Hazeltine
City
Manager
April 15, 2025, Item #7
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
1st
day
of
May
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
UNITED
SITE
SERVICES
Of
CALIFORNIA,
INC
. (hereinafter
referred
to
as
"Contractor").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
for
Portable
Toilet
Services
at
various
locations
around
the
City;
WHEREAS,
Contractor
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
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
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ATTACHMENT
A
April 15, 2025, Item #7
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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April 15, 2025, Item #7
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:
6 of 24
(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.
April 15, 2025, Item #7
DISCLOSURE
DETERMINATION:
1:8:1
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. 7
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April 15, 2025, Item #7
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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April 15, 2025, Item #7
(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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April 15, 2025, Item #7
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.
10 of 24
April 15, 2025, Item #7
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.
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)
11 of 24
April 15, 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
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
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UNITED SITE SERVICES OF CALIFORNIA,
INC.
By:------------
Bobby Creason, CEO
April 15, 2025, Item #7
1. "SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
The City is committed to provide a clean and safe environment to all residents and visitors. The City has 12 portable toilets for weekly and/or monthly routine service.
2. Work and Response Time.
Scheduled maintenance and delivery will typically occur during normal business hours. However, the Contractor should be prepared to respond to all requests for service 24 hours per day, 365 days per year including unscheduled emergency work. a. Business Hours: Unless otherwise specified, all work shall be done during regular workings hours (Monday through Friday, 7:00 a.m. to 4:00 p.m.). Contractor shall have an answering service, cell phone, or office personnel available during normal business hours (7:00 a.m. -4:00 p.m.) to receive service request notifications. Cleaning schedules will be coordinated with City Staff.
b. As-Needed Service Calls: When notified by the City Representative, Contractor shall provide services onsite for all scheduled appointments or within 12 hours of the request for service, including holidays, weekends, and after hours.
3. Waste Disposal.
Any and all disposal fees shall be paid by Contractor. Contractor shall properly and lawfully dispose of all pumped materials at an authorized legal dumpsite.
Use of City dump stations, septic tanks or sewage tanks is prohibited. Waste disposal must be performed in accordance with all State and Federal laws and storm water best management practices (BMPs).
4. Materials and Equipment.
Contractor will provide all paper items, soaps, cleaning materials and other tools, equipment, apparatus, and materials needed to perform all work necessary.
5. Maintenance Requirements.
Routine Maintenance: Portable toilets are to be serviced per the frequency listed in the Fee Proposal. Service shall include, but not be limited to, the following:
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a. Empty waste tank contents (full pump-out).
b. Thoroughly clean waste tank and refill with chemically treated water treatment to include anti-freeze as necessary).
April 15, 2025, Item #7
6. c. Thoroughly clean and disinfect seats, interior and exterior doors, walls, floors and any other exposed surface. Any deodorant blocks installed are to be replenished.
d. Full re-stock all supplies including toilet tissue dispensers. e. Remove and dispose of any debris.
f. Remove any graffiti applied to any portion of the portable toilet (inside and outside).
g. Perform repairs as needed to make the toilet usable and maintain user privacy (replacement if damaged unit is beyond repair). h. Maintain a written service log affixed to the inside of the portable toilet that lists the date of each service visit or as determined by Staff. This log shall be provided prior to each billing cycle and upon request. i. Dispose all waste removed from the portable toilet lawfully. j. Provide necessary minor repairs discovered at time of servicing the unit.
Emergency Response Work.
The City may request that the Contractor perform Emergency Response Work where a unit or unit(s) require service in advance of normal cleaning and maintenance schedule. The Contractor shall provide and maintain emergency service response of the City's facilities on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays. Emergency Response Work shall be performed on a time and materials basis.
7. Rentals.
The City may also require units be delivered and services for special events and circumstances.
14 of 24
a. Service to include as-needed delivery of rental toilets to various locations, set-up for operation, periodic service cleaning and subsequent removal from location.
b. Portable toilets and hand wash stations are to be delivered complete, fully stocked with water, chemicals, paper goods and soap, set up and ready for immediate use at designated City locations.
c. The City and Contractor will coordinate the placement of portable toilets to accommodate the intended users and to allow access for service by the Contractor at all times.
d. Contractor shall secure portable toilets sited on soil or mulch with stakes or other attachment methods to prevent units from being tipped over. No stakes allowed on turf therefore an alternative location and/or means for securing the equipment must be approved in advance by the City. e. All portable toilets are to be constructed of poly-plastic or heavy-duty type fiberglass and to be of sufficient height to prevent it from being blown over.
f. All portable toilets are to be graffiti-free. Any cost for vandalism insurance must be included in the unit cost of the portable toilets. The City is not responsible for any vandalism to the portable units and shall not pay a separate charge for any vandalism repairs. All vandalism April 15, 2025, Item #7
insurance
shall
be
included
in
the
weekly
rental
fee
for
the
portable
toilets.
g.
Any
portable
toilet
delivered
in
an
unserviceable
condition,
or
any
unit
rendered
unserviceable
by
defect,
vandalism,
acts
of
mischief,
or
acts
of
nature
shall
be
the
responsibility
of
the
Contractor,
and
shall
be
corrected
within
24 hours
of
report,
at
no
additional
cost
to
the
City.
8. Locations. The
City
reserves
the
right
to
add/delete
locations
and
quantities
throughout
the
service
term
of
this
contract.
Current
locations
include
Lake
Poway,
Blue
Sky
and
Highway
67 and
Poway
Road.
9. Unfavorable
Maintenance
Conditions.
During
inclement
weather,
or
other
unsuitable
maintenance
conditions,
the
Contractor
shall
confine
operations
to
work
that
will
not
be
adversely
affected.
No
portion
of
the
work
shall
be
done
under
conditions
that
would
adversely
affect
the
quality
or
the
efficiency
of
the
work,
unless
by
special
means
or
precaution
approved
by
the
City,
allowing
the
Contractor
the
ability
to
perform
the
work
in
a proper
and
satisfactory
manner.
10. Warranty. All
work
performed
under
this
contract
will
carry
a
minimum
thirty-day
warranty
on
labor
and
the
manufacturer's
warranty
on
material.
11. Compensation
and
Reimbursement.
City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
in
writing
on
March
6,
2025,
which
is
included
in
this
document
as
Attachment
2. 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.
12. Term
of
Agreement.
This
Agreement
shall
be
effective
from
the period
commencing
May
1,
2025,
and
ending
April
30,
2027,
unless
sooner
terminated
by
City
as
provided
in
the
15 of
24 April 15, 2025, Item #7
section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years 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 May 1, 2027. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
13. 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."
16 of24
April 15, 2025, Item #7
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
14. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
17 of 24
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
United Site Services
of California, Inc.
118 Fladers Rd,
Westborough, MA 01581
(Remainder of page intentionally left blank)
April 15, 2025, Item #7
Unit Type
Single
Single
Holding Tank
Below
Ground (500
Gallons)
Unit Type
Single
Single
Holding Tank
Below Ground
(500 Gallons)
18 of24
ATTACHMENT 1
FEE PROPOSAL
Portable Toilet Scheduled Services
(Monday-Friday 7a.m. to 4 p.m.)
Location Number of Service Per Service Rate of Rate of
Per Year Service Service Per Units Week Per Visit Month Lake 8 1 52 $21.15 $84.60 Poway
Blue Sky,
Espola Rd. 2 1 52 $21.15 $84.60
Hwy67
and
Poway 2 Monthly 12 $476.53 $476.53
Road
As-Needed Portable Toilet Non-Scheduled Services
Location Number of Monday-Friday After Hours/
Units 7a.m. to 4 p.m. Emergency Work
and Saturday
Lake Poway 8 $21.15 $250
Blue Sky,
Espola Rd. 2 $21.15 $250
Hwy 67 and
Poway Road 2 $476.53 $726.52
(Remainder of page intentionally left blank)
Rate of
Service Per
Year
$1,015.20
$1,015.20
$5,718.36
Sunday and
Holidays
$325
$325
$826.53
April 15, 2025, Item #7
Unit Rental and Servicing
Unit Type Rate Per Rate Per Rate Per
Day Week Month
Standard Unit $88.95 $88.95 $152.40
Standard Unit with Hand Wash $100.98 $100.98 $190.58
ADA Accessible Unit $125.12 $125.12 $188.59
ADA Accessible Unit with Hand Wash N/A N/A N/A
Stand-Alone Hand Wash Station $100.98 $100.98 $190.58
(Remainder of page intentionally left blank)
19 of 24
April 15, 2025, Item #7
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with th is section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
20 of 24
(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 April 15, 2025, Item #7
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:
21 of 24
(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.
April 15, 2025, Item #7
(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 (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:
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).
22 of24
April 15, 2025, Item #7
GUARANTY
To the City of Poway, City Council, for:
PORTABLE TOILET 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
23 of24
April 15, 2025, Item #7
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."
24 of24
April 15, 2025, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 15, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services q
Tracy Beach, City Engineer
858-668-4652 or [email protected]
CITY COUNCIL
Resolution Approving a 6% Increase in the Regional Transportation Congestion Improvement Program Traffic Mitigation Fee for Fiscal Year (FY) 2025-26, as required by the TransNet Ordinance
On April 1, 2008, the City Council adopted the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee pursuanuo the TransNet Ordinance. The Ordinance calls for the fee to be adjusted annually on July 1 of each year to reflect increases in construction costs. The San Diego Association of Governments (SAN DAG) has informed all cities and the County of San Diego that the increase in the RTCIP fee for FY 2025-26 is set at 6%. This will increase the City's RTCIP Traffic Mitigation Fee from $2,875.06 to $3,047.57 per new residential unit starting on July 1, 2025.
Recommended Action:
It is recommended the City Council adopt the attached Resolution (Attachment A) ordering the increase to the City's RTCIP Traffic Mitigation Fee for new residential units starting on July 1, 2025.
Discussion:
In November 2004, voters in San Diego County approved a 40-year extension to the existing TransNet program, which was first initiated in 1987. The Trans Net program was designed to fund improvements to the region's transportation system through a half-cent sales tax. In addition to the sales tax extension, the TransNet Ordinance mandates implementation of a local traffic mitigation fee to fund missing improvements on the Regional Arterial System. The local traffic mitigation fee, also known as the RTCIP Traffic Mitigation Fee, was set at $2,000 per residential dwelling unit starting on July 1, 2008.
Funds collected from this fee will be used for roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Norte and Scripps Poway Parkway.
On April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee pursuant to the TransNet Ordinance. The TransNet Ordinance mandates the adopted RTCIP Traffic Mitigation Fee for new residential dwelling units be adjusted annually for construction cost inflation, based on the 1 of 9
April 15, 2025, Item #8
construction
cost
index,
but
requires
a minimum
2%
annual
increase.
The
fee
was
increased
by
2%
on
July
1 of
each
year
from
2009
through
2014,
2.5%
in
2015,
2%
in
2016
and
2017,
3.3%
in
2018,
2%
each
year
from
2019
through
2023,
and
4.9%
in
2024.
It
is
currently
set
at
$2,875
.06
per
residential
dwelling
unit.
SAN
DAG
has
informed
all
the
cities
and
the
County
of
San
Diego
(Attachment
B)
the
percentage
increase
for
FY
2025-26
is
set
at
6%.
Per
SAN
DAG,
this
increase
is
based
on
an
analysis
of
construction
cost
trends
and
relevant
indices
and
matches
the
rise
in
the
Construction
Cost
Index
observed
in
the
last
complete
fiscal
year
(FY
2024)
and
the
first
half
of
FY
2025.
This
will
increase
the
City's
RTCIP
Traffic
Mitigation
Fee
from
$2,875
.06
to
$3,047.57
per
residential
unit
starting
July
1,
2025,
FY
2025-26.
The
estimated
annual
revenue
fluctuates based
on
the
number
of
new
residential
building
permits
issued
.
Environmental
Review:
Based
on
the
California
Environmental
Quality
Act
(CEQA)
Guidelines
Section
15378(b)(4),
the
proposed
request
is
a fiscal
activity
that
is
not
considered
a
project.
Therefore,
there
is
no
activity
that
would
result
in
a
potentially
significant
physical
impact
on
the
environment,
exempting
this
update
to
a
current
City
fee
from
the
requirements
of
CEQA.
Fiscal
Impact:
Using
the
new
fee
of
$3,047.57
per
new
residential
dwelling
unit
and
the
anticipated
development
for
next
fiscal
year,
estimated
revenue
of
$313,899
.71
is
projected
for
FY
2025-26.
The
anticipated
development
is
a
slight
reduction
in
the
number
of
dwelling
units
compared
to
the
previous
year.
Public
Notification:
None. Attachments: A
Resolution
B.
SANDAG
Agenda
Item
No.
6 dated
February
28,
2025
Reviewed/Approved
By:
Assistant
City
Manager
2 of9
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch
~
City
Manager
April 15, 2025, Item #8
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING A 6% INCREASE IN THE
REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT
PROGRAM (RTCIP) TRAFFIC MITIGATION FEE FOR THE
FISCAL YEAR (FY) 2025-26, AS REQUIRED BY THE TRANSNET
ORDINANCE
WHEREAS, in November 2004, voters in San Diego County approved a 40-year extension to the existing TransNet program to fund improvements to the region's transportation system; WHEREAS, the extension Ordinance requires local agencies to collect traffic mitigation fees, starting July 1, 2008, from residential dwelling units to fund the Regional Transportation Congestion Improvement Program (RTCIP) to ensure that new development directly invests in the region's transportation system to offset the negative impact of growth on congestion and mobility;
WHEREAS, on April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee of $2,000 per residential dwelling unit pursuant to Section 9A of the TransNet Ordinance; WHEREAS, Section 9A of the TransNet Ordinance also mandates that the RTCIP Traffic Mitigation Fee shall be increased annually, in an amount not to exceed the percentage increase set forth in the Engineering Construction Cost Index published by the Engineering News Record or similar cost of construction index with a minimum increase of 2%; WHEREAS, the City Council has adopted annual increases to the RTCIP Traffic Mitigation Fee and the current fee is $2,875.06 per residential dwelling unit, pursuant to Section 9A of the TransNet Ordinance;
WHEREAS, the San Diego Association of Governments (SANDAG) has informed the City that the percentage increase in the RTCIP Traffic Mitigation Fee for FY 2025-26 is set at 6%; and WHEREAS, the City Council intends by this Resolution to increase the City's RTCIP Traffic Mitigation Fee from $2,875.06 to $3,047.57 per residential dwelling unit to meet the requirement of Section 9A of the TransNet Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council finds that the adoption of this Resolution is a fiscal activity that is not considered a project based on California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4). Therefore, there is no activity that would result in a potentially significant physical impact on the environment, exempting this update to a current City fee from the requirements of CEQA.
SECTION 2: The City Council, starting July 1, 2025, hereby increases the RTCIP Traffic Mitigation Fee from $2,875.06 to $3,047.57 per residential dwelling unit, regardless of type, to fund roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Norte and Scripps Poway Parkway considered part of the Regional Arterial System. 3 of9 ATTACHMENT A
April 15, 2025, Item #8
Resolution No. 25-