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.
7 of31
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
4 ~
O
r'Q
l~[ih
Rri;.p
n
;p
Ac.
1~o
n:;
-
St
[JC'
:i
lll
,•1 lfl
·L
Mi
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 "' ; ~ "'
4J C:
] .. x 3 C:
"' ~ ~
"' TASKS ~
w C: C: -ti
"' ~ ;!! ::,
! "' I= C:
;:;; c <
o" E "' N "' N ...
·~ u "O u u ~ 5
"O
"' :2
C:
"' "' < < l!l < ., < 0
152 I 132 I 110 I 267 267 I 283 I 355
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
$16,522 40 40 S17,100
April 15, 2025, Item #2
City of Poway 2025 Urbon Waler Management Pion Detailed Cost estimate. continued ...
EKI Labor Expenses TOTAL
E
~
a:
QJ
,; QJ
~ "' E .e V, QJ 0 ., !l o· 0 ... "' ., C
"' x 3 .c u ;;
V,
1 E .)
~
QJ
~ ~ ~ "'
QJ .c
TASKS :;; ~
8 .., _ u
V,
~
~ > ~ i§ C ...... V, 1:i G 'i:: vi < -' .!:";'
~'§'
-'
o' E N "' N .... <
'O .. < TOTAL($
·e: ~
'O
~ ~ it ~ .2 ni t-
< 'O ""
C
8 .S 6 < 0 e Rounded) u < <
"
< < < < 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