April 15, 2025, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 15, 2025
Honorable Mayor and Members of the City ~cil
Eric Heidemann, Director of Public Works 1/'
1 Danielle McIntosh, Senior Management Analys~
(858) 668-4729 or [email protected]
CITY COUNCIL
Award of Agreement to United Site Services of California, Inc. for Portable Toilet Services; RFP No. 25-010
A request for proposal (RFP) for Portable Toilet Services was duly advertised on February 20 and February 27, 2025. Two (2) proposals were received and opened on March 6, 2025. Staff reviewed the proposals submitted and determined United Site Services of California, Inc. (United Site Services) to be responsive and qualified to provide these services. The length of this Agreement shall be two (2) years beginning on May 1, 2025, through April 30, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for Portable Toilet Services, RFP No. 25-010, to United Site Services of California, Inc. and authorize the City Manager to execute the necessary documents.
Discussion:
The City currently has 10 portable toilets located around Lake Poway and Blue Sky Ecological Reserve, as well as two (2) permanent restroom facilities at the Iron Mountain trail head located off Hwy 67 and Poway Road, that require regular servicing and maintenance. In addition, staff occasionally rents portable restroom units for various City events throughout the year, to support construction projects, or to address emergencies as they arise. These portable rental services ensure that park patrons, hikers, and visitors have access to clean and convenient restroom facilities during outdoor activities.
By providing these necessary amenities in areas where permanent facilities may be limited, the City helps maintain cleanliness and supports the comfort and well-being of residents and visitors.
The City issued a notice inviting proposals for portable toilet services on February 20 and February 27, 2025. Two (2) proposals were received and opened on March 6, 2025. Evaluation criteria included the 1 of24
firm’s experience, capacity to perform, and proposed cost. After reviewing the proposals, City staff determined United Site Services to be qualified to provide portable toilet services to the City. United Site Services offers a more cost -effective monthly and yearly rate, which is beneficial to the City. The rate of service is outlined in Table 1 below and reflect s the fees submitted by the proposer . Staff identified discrepancies in the submitted fee schedule, as the rates do not align correctly. The proposers have verified the rates of service per month and per year as presented which is why staff is recommending United Site Services.
Table 1:
Rates of Service
United Site Services of California, Inc.
Unit Type Location Number
of Units
Service
Per Week
Service
Per
Year
Rate of
Service
Per Visit
Rate of
Service Per
Month
Rate of
Service Per
Year
Single Lake Poway 8 1 52 $21.15 $84.60 $1,015.20
Single Blue Sky,
Espola Rd. 2 1 52 $21.15 $84.60 $1,015.20
Holding Tank
Below Ground
(500 Gallons)
Hwy 67 and
Poway Road 2 Monthly 12 $476.53 $476.53 $5,718.36
Diamond Environmental Services, LP
Unit Type Location Number
of Units
Service
Per
Week
Service
Per
Year
Rate of
Service
Per Visit
Rate of
Service Per
Month
Rate of
Service
Per Year
Single Lake Poway 8 1 52 $17.50 $560
Plus rental fee $8,320
Single Blue Sky,
Espola Rd. 2 1 52 $17.50 $560
Plus rental fee $8,320
Holding Tank
Below Ground
(500 Gallons)
Hwy 67 and
Poway Road 2 Monthly 12 $200 $400 $4,800
The length of the initial Agreement shall be for two (2) years beginning May 1, 2025, through April 30, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one- year terms. The maximum length of the A greement would be up to five (5) years.
Environmental Review:
This a
ction is not subject to review under the California Environmental Quality Act (CEQA).
April 15, 2025, Item #7
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April 15, 2025, Item #7
Fiscal
Impact:
Sufficient
funds
are
budgeted
in
Fiscal
Year
2024-25
Park,
Trail
and
Landscape
Maintenance
(414040-
41200)
for
these
services
. Funding
for
subsequent
years'
service
will
be
proposed
in
future
fiscal
year
budgets.
The
City
proactively
plans
for
portable
toilet
service
work
as
part
of
the
budget
development
process. Public
Notification:
None. Attachments: A.
Standard
Agreement
Reviewed/Approved
By
:
Assistant
City
Manager
3 of
24 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By
:
Chris
Hazeltine
City
Manager
April 15, 2025, Item #7
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
1st
day
of
May
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
UNITED
SITE
SERVICES
Of
CALIFORNIA,
INC
. (hereinafter
referred
to
as
"Contractor").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
for
Portable
Toilet
Services
at
various
locations
around
the
City;
WHEREAS,
Contractor
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONTRACTOR
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Contractor
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Contractor
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Contractor.
During
said
60-day
period
Contractor
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Contractor
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City
. Termination
for
cause
shall
be
effected
by
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ATTACHMENT
A
April 15, 2025, Item #7
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, 'recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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April 15, 2025, Item #7
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of 24
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
April 15, 2025, Item #7
DISCLOSURE
DETERMINATION:
1:8:1
1. Contractor
will
not
be
"making
a
government decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
No
disclosure
required.
D
2. Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
result,
Contractor
shall
be
required
to
file
a
Statement
of
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a timely
manner
as
required
by
law.
Department
Director
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted,
except
as
otherwise
specifically
provided
herein,
or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void.
11. Maintenance
of
Records.
Contractor
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
agreement
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Contractor
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Contractor
only
insofar
as
the
results
of
Contractor's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Contractor
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Contractor
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Contractor
represents
and
warrants
to
City
that
Contractor
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license, permit,
or
approval
which
is
legally
required
for
Contractor
to
practice
its
profession. 7
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April 15, 2025, Item #7
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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April 15, 2025, Item #7
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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April 15, 2025, Item #7
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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April 15, 2025, Item #7
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." - Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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April 15, 2025, Item #7
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
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UNITED SITE SERVICES OF CALIFORNIA,
INC.
By:------------
Bobby Creason, CEO
April 15, 2025, Item #7
1. "SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
The City is committed to provide a clean and safe environment to all residents and visitors. The City has 12 portable toilets for weekly and/or monthly routine service.
2. Work and Response Time.
Scheduled maintenance and delivery will typically occur during normal business hours. However, the Contractor should be prepared to respond to all requests for service 24 hours per day, 365 days per year including unscheduled emergency work. a. Business Hours: Unless otherwise specified, all work shall be done during regular workings hours (Monday through Friday, 7:00 a.m. to 4:00 p.m.). Contractor shall have an answering service, cell phone, or office personnel available during normal business hours (7:00 a.m. -4:00 p.m.) to receive service request notifications. Cleaning schedules will be coordinated with City Staff.
b. As-Needed Service Calls: When notified by the City Representative, Contractor shall provide services onsite for all scheduled appointments or within 12 hours of the request for service, including holidays, weekends, and after hours.
3. Waste Disposal.
Any and all disposal fees shall be paid by Contractor. Contractor shall properly and lawfully dispose of all pumped materials at an authorized legal dumpsite.
Use of City dump stations, septic tanks or sewage tanks is prohibited. Waste disposal must be performed in accordance with all State and Federal laws and storm water best management practices (BMPs).
4. Materials and Equipment.
Contractor will provide all paper items, soaps, cleaning materials and other tools, equipment, apparatus, and materials needed to perform all work necessary.
5. Maintenance Requirements.
Routine Maintenance: Portable toilets are to be serviced per the frequency listed in the Fee Proposal. Service shall include, but not be limited to, the following:
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a. Empty waste tank contents (full pump-out).
b. Thoroughly clean waste tank and refill with chemically treated water treatment to include anti-freeze as necessary).
April 15, 2025, Item #7
6. c. Thoroughly clean and disinfect seats, interior and exterior doors, walls, floors and any other exposed surface. Any deodorant blocks installed are to be replenished.
d. Full re-stock all supplies including toilet tissue dispensers. e. Remove and dispose of any debris.
f. Remove any graffiti applied to any portion of the portable toilet (inside and outside).
g. Perform repairs as needed to make the toilet usable and maintain user privacy (replacement if damaged unit is beyond repair). h. Maintain a written service log affixed to the inside of the portable toilet that lists the date of each service visit or as determined by Staff. This log shall be provided prior to each billing cycle and upon request. i. Dispose all waste removed from the portable toilet lawfully. j. Provide necessary minor repairs discovered at time of servicing the unit.
Emergency Response Work.
The City may request that the Contractor perform Emergency Response Work where a unit or unit(s) require service in advance of normal cleaning and maintenance schedule. The Contractor shall provide and maintain emergency service response of the City's facilities on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays. Emergency Response Work shall be performed on a time and materials basis.
7. Rentals.
The City may also require units be delivered and services for special events and circumstances.
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a. Service to include as-needed delivery of rental toilets to various locations, set-up for operation, periodic service cleaning and subsequent removal from location.
b. Portable toilets and hand wash stations are to be delivered complete, fully stocked with water, chemicals, paper goods and soap, set up and ready for immediate use at designated City locations.
c. The City and Contractor will coordinate the placement of portable toilets to accommodate the intended users and to allow access for service by the Contractor at all times.
d. Contractor shall secure portable toilets sited on soil or mulch with stakes or other attachment methods to prevent units from being tipped over. No stakes allowed on turf therefore an alternative location and/or means for securing the equipment must be approved in advance by the City. e. All portable toilets are to be constructed of poly-plastic or heavy-duty type fiberglass and to be of sufficient height to prevent it from being blown over.
f. All portable toilets are to be graffiti-free. Any cost for vandalism insurance must be included in the unit cost of the portable toilets. The City is not responsible for any vandalism to the portable units and shall not pay a separate charge for any vandalism repairs. All vandalism April 15, 2025, Item #7
insurance
shall
be
included
in
the
weekly
rental
fee
for
the
portable
toilets.
g.
Any
portable
toilet
delivered
in
an
unserviceable
condition,
or
any
unit
rendered
unserviceable
by
defect,
vandalism,
acts
of
mischief,
or
acts
of
nature
shall
be
the
responsibility
of
the
Contractor,
and
shall
be
corrected
within
24 hours
of
report,
at
no
additional
cost
to
the
City.
8. Locations. The
City
reserves
the
right
to
add/delete
locations
and
quantities
throughout
the
service
term
of
this
contract.
Current
locations
include
Lake
Poway,
Blue
Sky
and
Highway
67 and
Poway
Road.
9. Unfavorable
Maintenance
Conditions.
During
inclement
weather,
or
other
unsuitable
maintenance
conditions,
the
Contractor
shall
confine
operations
to
work
that
will
not
be
adversely
affected.
No
portion
of
the
work
shall
be
done
under
conditions
that
would
adversely
affect
the
quality
or
the
efficiency
of
the
work,
unless
by
special
means
or
precaution
approved
by
the
City,
allowing
the
Contractor
the
ability
to
perform
the
work
in
a proper
and
satisfactory
manner.
10. Warranty. All
work
performed
under
this
contract
will
carry
a
minimum
thirty-day
warranty
on
labor
and
the
manufacturer's
warranty
on
material.
11. Compensation
and
Reimbursement.
City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
in
writing
on
March
6,
2025,
which
is
included
in
this
document
as
Attachment
2. Contractor's
fee
shall
include,
and
Contractor
shall
be
responsible
for
the
payment
of
all
federal,
state,
and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received.
In
addition
to
said
consulting
fee,
Contractor
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto,
rail)
necessarily
incurred
in
performance
of
the
services.
Contractor
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.
All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00)
.
Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.
All
air
travel
shall
be
billed
at
coach
or
special
fare
rates.
Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.
Contractor
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses.
All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect at
the
time
incurred.
12. Term
of
Agreement.
This
Agreement
shall
be
effective
from
the period
commencing
May
1,
2025,
and
ending
April
30,
2027,
unless
sooner
terminated
by
City
as
provided
in
the
15 of
24 April 15, 2025, Item #7
section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than May 1, 2027. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
13. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
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April 15, 2025, Item #7
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
14. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
United Site Services
of California, Inc.
118 Fladers Rd,
Westborough, MA 01581
(Remainder of page intentionally left blank)
April 15, 2025, Item #7
Unit Type
Single
Single
Holding Tank
Below
Ground (500
Gallons)
Unit Type
Single
Single
Holding Tank
Below Ground
(500 Gallons)
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ATTACHMENT 1
FEE PROPOSAL
Portable Toilet Scheduled Services
(Monday-Friday 7a.m. to 4 p.m.)
Location Number of Service Per Service Rate of Rate of
Per Year Service Service Per Units Week Per Visit Month Lake 8 1 52 $21.15 $84.60 Poway
Blue Sky,
Espola Rd. 2 1 52 $21.15 $84.60
Hwy67
and
Poway 2 Monthly 12 $476.53 $476.53
Road
As-Needed Portable Toilet Non-Scheduled Services
Location Number of Monday-Friday After Hours/
Units 7a.m. to 4 p.m. Emergency Work
and Saturday
Lake Poway 8 $21.15 $250
Blue Sky,
Espola Rd. 2 $21.15 $250
Hwy 67 and
Poway Road 2 $476.53 $726.52
(Remainder of page intentionally left blank)
Rate of
Service Per
Year
$1,015.20
$1,015.20
$5,718.36
Sunday and
Holidays
$325
$325
$826.53
April 15, 2025, Item #7
Unit Rental and Servicing
Unit Type Rate Per Rate Per Rate Per
Day Week Month
Standard Unit $88.95 $88.95 $152.40
Standard Unit with Hand Wash $100.98 $100.98 $190.58
ADA Accessible Unit $125.12 $125.12 $188.59
ADA Accessible Unit with Hand Wash N/A N/A N/A
Stand-Alone Hand Wash Station $100.98 $100.98 $190.58
(Remainder of page intentionally left blank)
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April 15, 2025, Item #7
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with th is section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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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 #7
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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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 #7
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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April 15, 2025, Item #7
GUARANTY
To the City of Poway, City Council, for:
PORTABLE TOILET SERVICES
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
23 of24
April 15, 2025, Item #7
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
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