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.
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April 15, 2025, Item #3
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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
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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.
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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.
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9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
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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.
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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.
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(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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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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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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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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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.
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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.
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April 15, 2025, Item #3
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to lhe following addresses:
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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
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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
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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
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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
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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)
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(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:
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(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).
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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
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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."
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