AG EN DA Poway City Council
Coun cil Ch amber I 13325 Civic Center Drive I Poway , CA I 92064 March 17, 2026 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online . Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item . All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced .
To Watch Live:
www.poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway .org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
Steve Vaus
Mayor
Jenny Maeda
Deputy Mayor
Peter De Hoff
Councilmember
Christopher J. Pikus Vacant
Councilmember Councilmember
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordan ce with Stat e law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not includ ed on the agenda. You may speak up to three (3) minutes.
Per the Poway Muni cipal Code, the speaking time may be reduced. Speakers have one opportunity to addre ss the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Counci l with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the December 16, 2025 Regular City Council Meeting Minutes and December 22, 2025 Special City Council Meeting Minutes
3. General Plan Implementation Annual Progress Report for 2025
4. Award of Agreement to Weatherproofing Technologies, Inc. for Public Facilities Renovation Fire Station 2 Roofing Replacement and Appropriation of Funds
5. Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the Purchase and Installation of an Electronic Security System at City Hall, Council Chambers, and Fire Station One
6. Approval of Agreement Between the City of Poway and N. Harris Computer Corporation for the Purchase of Northstar Utility Billing Cloud Hosting and Technical Services
7. Approval of Change Order No. 1 to the Construction Contract with Gateway Pacific Contractors, Inc. for the Water Treatment Plant Filter Rehab Project Phase A ORDINANCES FOR INTRODUCTION: None
2 of 3 Regular City Council Meeting March 17, 2026
PUBLIC HEARINGS: None
STAFF REPORTS:
8. Appointments to the Budget Review Committee
City Manager's Recommendation: It is recommended the City Council approve to appoint two (2) members to the Budget Review Committee, as nominated by Council, to include two (2) two year terms expiring December 31, 2027.
WORKSHOPS : None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any pub lic repo rt of any action taken in closed session) CLOSED SESSION:
9. Conference with Legal Counsel - Anticipated Litigation Pursuant Government Code Section 54956.9(d)(2) - Significant Exposure to Litigation
10. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(d)(1)) Name of Case: K&M Investments v. City of Poway, San Diego Superior Court Case No. 25CU055842C
11. Conference with Real Property Negotiators (Government Code Section 54956.8) Property: APNs 321-260-21-00, 321-260-20-00; and APN 275-470-02-00, 0 Boulder Mountain Rd City negotiators: Chris Hazeltine, Julie Procopio
Negotiating parties: Ted DeBont, Becki DeBont; Christian Cole, Jessica Cifelli Under negotiation : Price and terms
ADIOURNMENT:
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
I, Ellis Webster, Deputy City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on March 10, 2026.
Said meeting to be held at 7:00 p.m., March 17, 2026, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 3 of 3 Regular City Council Meeting March 17, 2026
March 17, 2026, Item #2
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
March 17, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk M
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the December 16, 2025 Regular City Council Meeting Minutes and December 22, 2025 Special City Council Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• December 16, 2025 Regular City Council Meeting Minutes • December 22, 2025 Special City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the December 16, 2025 Regular City Council Meeting Minutes and December 22, 2025 Special City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. December 16, 2025 Regular City Council Meeting Minutes B. December 22, 2025 Special City Council Meeting Minutes Reviewed/Approved By:
Assistant City Manager
1 of 12
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
March 17, 2026, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
December 16, 2025
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL:
Present: Jenny Maeda, Christopher J. Pikus, Peter De Hoff, Steve Vaus STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, San Diego County Sheriff's Office.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE:
Deputy Mayor De Hoff led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence in remembrance of the victims of the December 14, 2025 Bondi Beach terror attack in Sydney, Australia.
PRESENTATIONS:
None.
PUBLIC COMMENT:
None.
2 of 12 ATTACHMENT A
March 17, 2026, Item #2
City of Poway -Minutes -December 16, 2025
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to approve Consent Calendar Items 1 through 7. Motion carried 4/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Maeda, Pikus, De Hoff, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the September 16, 2025 Regular City Council Meeting Minutes
3. Resolution No. 25-053 Declaring the Result of the City of Poway District 2 Special Municipal Recall Election Held on Tuesday, November 4, 2025
Mayor Vaus expressed appreciation to and recognized the community leaders and volunteers who organized the recent recall effort for their service in protecting the City, noting that over 80 percent of Poway residents supported their efforts.
4. Approval of Local Appointments List of City Council Appointed Committees for 2026
5. Approval of Consultant Agreement Amendment No. 2 with Kitchell CEM, Inc. for the Design of the Community Park Restroom Project; RFP No. 25-001
6. Approval of Parcel Map for Tentative Parcel Map 23-0003 (Espola Urban Lot Split); Ben Lund Engineering, Applicant (APN 321-020-68)
7. Acceptance of Public Improvements for the Sage at Old Coach Subdivision, Improvement Plan 22-0001
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
8. Development Review 25-0001 and Tentative Tract Map 25-0001, a Request for an Additional West Village Multi-Family Building and Private Dog Park (Fairfield II) within the Town Center Land Use District of the Poway Road Corridor Specific Plan located at 12947 Poway Road, (APN 317-490-68-00)
Mayor Vaus opened the Public Hearing at 7:03 p.m.
Senior Planner Kevin Parker presented the item along with a PowerPoint presentation. He stated the request includes demolition of an existing commercial building and construction of a three-story multifamily residential building with 16 market-rate units, a Tentative Tract Map for future individual ownership, and a private dog park. 3 of 12
March 17, 2026, Item #2
City of Poway -Minutes -December 16, 2025
He provided the project site location and noted it was within the Town Center land use district of the Poway Road Corridor Specific Plan (PRSP) formerly occupied by a Big O Tires facility, previously closed for business in 2024. Surrounding uses include condominiums. Mr. Parker provided background on the previously approved West Village Poway Apartments (Fairfield Poway), noting the proposal would expand the development from five to six buildings and increase the total unit count from 212 to 228, with shared access to amenities.
Mr. Parker explained the proposed building is consistent with the PRSP Town Center development standards. The project requests a Tier One height incentive, allowing up to three stories and an average building height of 38 feet; the proposed building is shorter than the adjacent Fairfield Poway buildings. Revisions were made following a Pre-Development Conference, including meeting the required front setback along Poway Road and removal of private patios from the setback area. As conditioned, the consolidated project exceeds the PRSP minimum requirement for ground-floor commercial frontage, achieving approximately
77.2 percent.
Staff determined the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (Class 32, Infill Development) and is consistent with the PRSP Program Environmental Impact Report. The project is subject to the Housing Accountability Act.
Following Staff's presentation, the applicant Trevor Boucher of Fairfield Residential presented along with a PowerPoint presentation. He provided a brief background on the company and stated the project redevelops an underutilized site, maintains architectural consistency with the existing development, provides shared amenities including a private dog park, and is consistent with the Specific Plan.
Public Comment:
The following individuals spoke in opposition to Item #8:
Nick Carruthers
Vanessa Springett
The following individuals submitted written comment cards in opposition to Item #8:
Carl Browning
Esta Browning
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:24 p.m.
Council discussion ensued. Council recognized staff efforts to make improvements aimed at filling vacant commercial spaces and noted the applicant's responsiveness to community feedback, including increased setbacks and revised patios. Council discussed ongoing impacts from Phase One, including privacy concerns, traffic congestion, limited parking, and empty retail spaces, while emphasizing the importance of adherence to the Poway Road Specific Plan and state housing law requirements. Council emphasized the plan's objectives of concentrating higher-density development along the corridor, preserving neighborhood character, promoting walkability, and ensuring eventual occupancy of commercial spaces as 4 of 12
March 17, 2026, Item #2
City of Poway -Minutes -December 16, 2025
residential units are built out. Council noted denying a compliant project could create legal and financial risks, and current vacancies reflect post-pandemic market conditions rather than deficiencies in the plan.
Responding to Council questions, staff clarified that Phase Two seeks only tier one incentives, which allow a third story on the rear of the building, and the private dog park is an added community amenity. Fairfield staff explained commercial leasing has been challenging, but multiple broker rounds, biweekly meetings, and collaboration with staff are ongoing to attract tenants.
Motioned by Councilmember Pikus, seconded by Deputy Mayor De Hoff to determine the Project is consistent with the California Environmental Quality Act (CEQA) Class 32 Categorical Exemption environmental determination made for this Project and adopt Resolution No. 25-054 entitled "A Resolution of the City Council of the City of Poway, California, Approving Development Review 25-0001 and Tentative Tract Map 25-0001 for an Additional West Village Multi-Family Building within the Poway Road Specific Plan, Town Center District. Assessor Parcel Number 317-490-68-00". Motion carried 3/1 by the following vote:
Ayes: Pikus, De Hoff, Vaus
Noes: Maeda
Abstained: None
Absent: None
Disqualified: None
STAFF REPORTS:
9. Discussion and Possible Action to Fill City Council Vacancy City Attorney Alan Fenstermacher presented the item. He stated Council directed staff to proceed forward with calling a special election and to obtain cost estimates from the San Diego County Registrar of Voters (ROV) following the November 7, 2025 Special City Council meeting regarding the District 2 vacancy.
He explained applicable law requires a special election occur on the next regularly established election date at least 114 days after an election is called. He stated an election called on or before December 20, 2025 would be held on April 14, 2026, while an election called after December 20, 2025 would be held on June 2, 2026, concurrent with the statewide primary.
He added a "small city" all-mail election would require prior Council authorization and would occur on May 5, 2026.
Mr. Fenstermacher reported the ROV having provided estimated costs ranging from $225,000 to $325,000 for the April 14, 2025 special election, $10,000 to $25,000 for the June 2, 2025 statewide primary election, and $150,000 to $250,000 for the May 5, 2025 all-mail election.
He noted staff recommends the June 2, 2026 election based on significant cost savings and higher anticipated voter turnout, consistent with Council discussion at the November 7 Special City Council meeting.
Public Comment:
The following individual spoke in support of Item #8:
5 of 12
March 17, 2026, Item #2
City
of
Poway
-
Minutes
-
December
16,
2025
Vanessa
Springett
The
following
individual
submitted
a
written
comment
card
in
support
of
Item
#8:
Joe
St
. Lucas
End
of
Public
Comment.
Council
discussion
ensued
. Council
discussed
the
procedural
requirements
associated
with
calling
the
election
. Council
noted
the
significant
cost
difference
between
the
two
dates
and
emphasized
the
likelihood
of
higher
voter
engagement
during
the
statewide
primary
. Council
stressed
the
importance
of
voters
exercising
careful
judgment
in
selecting
a
representative
to
fill
the
vacancy.
Responding
to
Council
questions,
staff
confirmed
the
applicable
election
timing
requirements
and
explained
how
selecting
a
preferred
election
date
affects
the
timing
of
when
Council
must
call
the
election
.
Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
De
Hoff
provide
direction
to
City
staff
on
the
timing
of
bringing
back
a
resolution
to
call
a
special
election
to
fill
the
vacant
District
2 City
Council
seat.
Based
on
the
significant
cost
savings,
staff
recommends
that
the
City
Council
direct
staff
to
schedule
a
special
City
Council
meeting
and
bring
back
a
resolution
calling
the
special
election
for
the June
2,
2026
statewide
primary.
Motion
carried
4/0
by
the
following
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
WORKSHOPS: None.
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
COUNCIL-INITIATED
ITEMS:
10 . Appointment
of
Deputy
Mayor
for
2026
Mayor
Vaus
presented
the
item.
He
announced
the
selection
to
appoint
Councilmember
Maeda
as
Deputy
Mayor
for
2026
.
Public
Comment:
None. End
of
Public
Comment.
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pikus
to
appoint
Councilmember
Maeda
to
serve
as
Deputy
Mayor
for
the
one-year
term
commencing
December
16,
2025.
Motion
carried
4/0
by
the
following
vote:
6 of
12 March 17, 2026, Item #2
City of Poway -Minutes -December 16, 2025
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Maeda, Pikus, De Hoff, Vaus
None
None
None
None
11. Appointment to Regional Agencies' Boards, Commissions and Committees for 2026 Mayor Vaus presented the item. He announced the selection of the following appointments to the Regional Agencies' Board, Commissions and Committees for calendar year 2026:
Mayor Vaus noted the San Diego County Water Authority (SDCWA) appointment expires April 22, 2026, therefore, the six-year term appointment will be extended to begin April 22, 2026 for Director of Public Works Eric Heidemann.
1. San Diego Division League of California Cities
a. Primary: Jenny Maeda
b. Alternate: Christopher J. Pikus
2. Metropolitan Transit System (MTS) Board of Directors a. Primary: Steve Vaus
b. Alternate: Peter De Hoff
3. San Diego Association of Governments Board of Directors a. Primary: Steve Vaus
b. 1st Alternate: Peter De Hoff
c. 2nd Alternate: Christopher J. Pikus
4. Metro Wastewater Commission/Joint Powers Authority (JPA) a. Primary: Peter De Hoff
b. Alternate: Director of Public Works
5. San Dieguito Riverpark Joint Powers Authority (JPA)
a. Primary: Jenny Maeda
b. Alternate: Christopher J. Pikus
6. City of Poway/PUSD Joint Use Subcommittee for lnterjurisdictional Cooperation a. Primary: Peter De Hoff
b. Alternate: Steve Vaus
7. Regional Solid Waste Association (RSWA)
a. Primary: Peter De Hoff
b. Alternate: Christopher J. Pikus
8. Goodan Ranch Policy Committee
a. Primary: Jenny Maeda
b. Alternate: Director of Community Services
9. San Diego County Water Authority (SDCWA)
a. Primary: Eric Heidemann
7 of 12
March 17, 2026, Item #2
City of Poway -Minutes -December 16, 2025
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to appoint Primary and Alternate members to the various Regional Agencies' Boards, Commissions and Committees for calendar year 2026, and adopt Resolution No. 25-055 entitled "A Resolution of the City Council of the City of Poway, California, Appointing Eric Heidemann as its Representative to San Diego County Water Authority Board of Directors". Motion carried 4/0 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Maeda, Pikus, De Hoff, Vaus
None
None
None
None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Deputy Mayor Maeda expressed appreciation to Poway Fire Department personnel for hosting her family for a dinner at the Fire station.
Councilmember Pikus extended holiday greetings to the community, wishing all a Merry Christmas or joyful holiday season. He also provided an update on recent litigation against the City (Hiram Soto v. City of Poway) noting a quo warranto action challenging his Council appointment was denied by the California Attorney General. Councilmember Pikus emphasized the City's successful defense and reiterated his commitment to serving the community.
Deputy Mayor De Hoff spoke regarding the recent Christmas Tree Lighting Ceremony, commending Community Services staff for their leadership in managing an unexpected volunteer staffing shortage during the event. He noted the team's effective coordination ensured the event ran smoothly without disruption to the public.
Mayor Vaus reported on the Carols by Candlelight rental event held at the Poway Center for the Performing Arts (PCPA) on December 12 and 13, 2025, expressing appreciation for the PCPA team's support and noting the positive experience of attendees. He also extended holiday greetings to the community.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) City Attorney Alan Fenstermacher confirmed the summary of the recent litigation by Councilmember Pikus noting the City's successful defense. 8 of 12
March 17, 2026, Item #2
City of Poway -Minutes -December 16, 2025
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 8:09 p.m.
9 of 12
Carrie Gallagher, CMC
City Clerk
City of Poway, California
March 17, 2026, Item #2
CITY OF
POWAY
CITY
COUNCIL
SPECIAL
MEETING
MINUTES
December
22,
2025
City
Council
Chambers
13325
Civic
Center
Drive,
Poway,
California
(Per
Government
Code
54953)
(Meeting
Called
to
Order
as
City
Council/City
of
Poway
Planning
Commission/Poway
Housing
Authority/Public
Financing
Authority
and
Successor
Agency
to
the
Poway
Redevelopment
Agency)
CALL
TO
ORDER:
Mayor
Vaus
called
the
Special
Meeting
to
order
at
10:30
a.m.
ROLL
CALL:
Present:
Peter
De
Hoff,
Christopher
J. Pikus,
Jenny
Maeda,
Steve
Vaus
STAFF
MEMBERS
PRESENT:
City
Manager
Chris
Hazeltine;
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher.
(Note:
Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager,
City
Attorney,
and
City
Clerk
shall
be
used
to
indicate
Mayor/Chair,
Deputy
MayorNice
Chair,
Councilmember/Director,
City
Manager/Executive
Director,
City
Attorney/Counsel,
and
City
Clerk/Secretary.) PLEDGE
OF
ALLEGIANCE:
Deputy
Mayor
Maeda
led
the
Pledge
of
Allegiance.
MOMENT
OF
SILENCE:
Mayor
Vaus
led
a
moment
of
silence.
PRESENTATIONS: None. PUBLIC
COMMENT:
None. CONSENT
CALENDAR:
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
De
Hoff
to
approve
Consent
Calendar
Items
1 through
2. Motion
carried
4/0
by
the
following
roll-call
vote:
10 of
12 ATTACHMENT
B
March 17, 2026, Item #2
City of Poway -Minutes -December 22, 2025
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Pikus, Maeda, Vaus
None
None
None
None
1. Approval of the October 7, 2025, and October 21, 2025 Regular City Council Meeting Minutes
2. Request for Approval of Financing Plan and Ground Lease Amendments for Rehabilitation and Improvement of Haley Ranch Estates, Hillside Village, and Parkview Terrace Affordable Housing Communities
Council expressed appreciation for staff's efforts in advancing Item #2 within a challenging timeframe and acknowledged the significant effort required, noting approval of the item would have a positive impact on approximately 700 Poway residents.
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
None.
STAFF REPORTS:
3. Call a Special Municipal Election on June 2, 2026
City Attorney Alan Fenstermacher presented the item and provided an overview of the proposed actions related to calling a special election to fill the District 2 City Council vacancy.
He noted the item returns to the Council pursuant to their direction at the December 16, 2025 Regular City Council meeting, to call a special election in conjunction with the June 2, 2026, statewide primary election
Mr. Fenstermacher explained three resolutions are before the Council: resolutions calling the special election, consolidating the election with the County's June 2, 2026 election, and authorizing candidate statements. He noted all nomination periods, timelines, and related procedures would be conducted in accordance with state law and the Elections Code.
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to adopt 1) Resolution No. 25-056 entitled "A Resolution of the City Council of the City of Poway, California, Calling for the Holding of a Special Municipal Election to be Held on Tuesday, June 2, 2026, for the Election to Fill a Council Vacancy as Required by the Provisions of the Laws of the State of California Relating to General Law Cities"; 2) Resolution No. 25- 057 entitled "A Resolution of the City Council of the City of Poway, California, 11 of 12
March 17, 2026, Item #2
City
of
Poway-
Minutes
-
December
22,
2025
Requesting
the
Board
of
Supervisors
of
the
County
of
San
Diego
to
Consolidate
a
Special
Municipal
Election
to
be
Held
on
Tuesday,
June
2,
2026,
with
the
Statewide
Primary
Election
to
be
Held
That
Date
Pursuant
to
§10403
of
the
Elections
Code";
and
3)
Resolution
No.
25-058
entitled
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Adopting
Regulations
for
Candidates
for
Elective
Office
Pertaining
to
Candidates
Statements
Submitted
to
the
Voters
at
an
Election
to
be
Held
on
Tuesday,
June
2,
2026".
Motion
carried
4/0
by
the
following
vote:
Ayes: Noes:
De
Hoff,
Pikus,
Maeda,
Vaus
None
Abstained:
None
Absent:
None
Disqualified:
None
WORKSHOPS: None. COUNCIL-INITIATED
ITEMS:
None. COUNCIL
COMMITTEE
REPORTS
and
ANNOUNCEMENTS:
Pursuant
to
AB1234
-
(G.C.
53232(d)) No
announcements
were
made.
CITY
MANAGER
ITEMS:
None
.
CITY
ATTORNEY
ITEMS:
(Including
any
public
report
of
any
action
taken
in
closed
session)
None. CLOSED
SESSION:
None. ADJOURNMENT: The
meeting
was
adjourned
at
10:34
a.m.
12 of
12 Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
March 17, 2026, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
March 17, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services ~
Mary Piscitelli, Associate Planner
858-668-4657 / [email protected]
General Plan Implementation Annual Progress Report for 2025
CITY COUNCIL
State law requires the planning agency of a local government to provide an annual report to its legislative body on the status of the General Plan (GP) and the progress made in its implementation.
The report also provides an update on progress made in meeting the City's share of regional housing needs. The attached report provides a list of projects and programs the City completed or undertook during the 2025 calendar year. The projects and programs were determined to be consistent with the goals, policies and strategies of the Poway GP and demonstrate progress was made in the implementation of the GP.
Recommended Action:
It is recommended the City Council receive and file this report and authorize submittal to the State Department of Housing and Community Development (HCD}, the State Office of Land Use and Climate Innovation (LCI) and the San Diego Association of Governments (SAN DAG).
Discussion:
Government Code Section 65400(a)(2) requires an annual report be provided to the City Council on the status of the implementation of the GP. The report must address the City's progress in its GP implementation, including the progress in meeting its share of regional housing needs. The Annual Report should also include a discussion of constraints to the maintenance, improvement and development of housing.
The intent of the required annual report is to ensure the GP directs all land use decisions and remains an effective guide for future development. Since the GP acts as a long-term guide for the physical development of the City, and a periodic update is required to reflect current circumstances, it is important the City annually review the GP and its implementation.
The information shown in the Annual Report (Attachment A) provides a list of projects and programs implemented by the City during the 2025 calendar year as of December 31, 2025, in compliance with the direction of the various goals, policies and strategies of the GP. The information provided in the 1 of 40
March 17, 2026, Item #3
report is intended to assist the City Council in determining the success of implementing the policies in the GP. The Housing Element Annual Progress Report Spreadsheet is provided as Attachment B.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines since it is not considered a "project" as defined in the CEQA Guidelines Section 15378(b)(5) in that a project does not include organizational or administrative activities of governments which will not result in direct or indirect physical changes in the environment.
Fiscal Impact:
None.
Attachments:
A. Annual Report -Implementation of the General Plan in 2025 B. Housing Element 2025 Annual Progress Report Spreadsheet Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~_)
Chris Hazeltine
City Manager
March 17, 2026, Item #3
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ANNUAL REPORT ON
IMPLEMENTATION OF THE
GENERAL PLAN IN 2025
Development Services Department
13325 Civic Center Drive
Poway, CA 92064
ATTACHMENT A
March 17, 2026, Item #3
TABLE OF CONTENTS
INTRODUCTION 3
IMPLEMENTATION OF THE GENERAL PLAN 3
• State-wide and Regional Issues
• Housing Element
• Transportation Element
• Public Facilities Element
• Public Safety Element
• Resources Element
• Community Development Element
DEVELOPMENT ACTIVITY 22
CAPITAL IMPROVEMENT PROGRAM 27
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March 17, 2026, Item #3
INTRODUCTION
The California Government Code (Section 65400(a)(2)) requires the preparation of an annual report to advise the City Council of progress made toward accomplishing the goals of the Poway General Plan. This report covers the time period from January 1, 2025 to December 31, 2025, and provides information on the following:
A. The status of the General Plan and the City's progress in its implementation; and B. The City's progress in meeting its share of regional housing needs, and the City's efforts to remove governmental constraints to the maintenance, improvement and development of housing for all income levels, as well as for special housing needs.
State law also requires that a copy of the Annual Report be provided to the California Department of Housing and Community Development (HCD) and the Governor's Office of Land Use and Climate Innovation (LCI) before April 1st of each year. The San Diego Association of Governments (SANDAG) also requests a copy.
IMPLEMENTATION OF THE GENERAL PLAN
Section 65302 of the California Government Code mandates that a general plan contain at least seven elements: 1) Land Use Element; 2) Circulation Element; 3) Housing Element-which must be updated every four to eight years; 4) Conservation Element; 5) Open Space Element; 6) Noise Element; and 7) Safety Element. The City of Poway General Plan contains all of the required seven elements, although the names of some of the elements are different. The Poway General Plan is divided into six master elements:
• Community Development, which includes: Land Use, Community Design and Energy Conservation
• Public Facilities
• Transportation, which includes: Roadways, Public Transit, Bikeways, Pedestrian Facilities • Resources, which includes: Natural Resources, Prehistoric Resources, and Historic Resources
• Public Safety, which includes Emergency Services, Hazard Management • Housing
The purpose of the General Plan is to provide for the long-term planning of Poway's physical development through the establishment of general guidelines for decision making concerning land use, recreation, cultural resources, transportation and circulation, natural resource conservation/open-space, noise, safety, and housing goals and policies. While the General Plan is a policy document, it also provides background information and analysis relative to the policies that it contains.
The Poway General Plan was prepared as a comprehensive, internally consistent document that promotes sustainable development, and maintains the flexibility to provide the long-term perspective and direction to guide the community into the future.
The City of Poway Comprehensive Plan was originally adopted 43 years ago in 1983, and included the General Plan, the Zoning Development Code and an Environmental Analysis
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Section. In 1991 and 1996, the General Plan underwent major review and updates. The Environmental Analysis section was replaced with a Master Environmental Assessment (MEA).
The Housing Element was adopted by the City Council in 2021 and updated in April 2024 to cover the 2020-2029 planning cycle. A comprehensive amendment to the Transportation Element was adopted by the City Council in 2010. An update is in process for the Public Safety Element in 2025, with a planned update for the Resources Element thereafter as required by State law. City staff will continue to comprehensively review the elements of the General Plan and complete any necessary revisions incorporating past amendments.
Over the past 43 years, some notable accomplishments have been achieved in the City through implementation of the goals and policies of the General Plan. Key accomplishments include the following:
■ The appearance of Poway Road has realized improvements as a result of the adoption of the Poway Road Specific Plan (PRSP), which guides new development and redevelopment along Poway Road. In 2017, the PRSP was adopted in an effort to revitalize Poway Road. The adoption resulted in changes to the allowed land uses and the development standards. A key component of the Specific Plan encourages concentrated mixed-use development consisting of commercial uses, residential uses and public spaces in the Town Center area. ■ The City's economic base and employment opportunities (over 500 companies/ 18,000 jobs) have expanded because of the 700-acre South Poway Business Park.
■ The equestrian/pedestrian trails system in the City of Poway has expanded from three miles to approximately 80 miles.
■ Since 1983, the City (Poway's former Redevelopment Agency and the Poway Housing Authority) has participated in the development or rehabilitation of 790 affordable living units in the community (please note this number does not represent any rehabilitation or development using CDBG funds, only City funds).
State-wide and Regional Issues
Oversight of the former Poway Redevelopment Agency
• In April 2017, the City of Poway initiated a Request for Qualifications/Proposals (RFQ/P) process to identify a developer to acquire and develop City and Poway Housing Authority (Authority) owned properties within the Town Center area of the Poway Road Specific Plan. The RFQ/P process identified the development team of Meridian Development, LLC and Sudberry Properties, Inc. (collectively "Developers") as having the most qualified proposal. In December 2017, the City and the Authority entered into an Exclusive Negotiation Agreement (ENA) with the Developers. The ENA allowed the City, Authority and Developers to negotiate a Purchase, Sale, and Development Agreement (PSDA) for 98 for-sale, market-rate multi-family units, 44 affordable senior apartments and approximately 25,000 square feet of commercial development. In 2018, the City acquired four parcels (APNs 317-472-18, 317-472-23, 317-472-24 and 317-472-25) on the south side of Poway Road to facilitate the mixed-use development consistent with the vision of the Poway Road Corridor Specific Plan. Staff continued negotiations with the developer throughout 2018 and the PSDA was approved by the City Council on March 19, 2019.
Entitlements for 141 residential units and 584 square feet of commercial space was
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approved by the City Council in December 2019. The development is called Poway Commons and construction was completed in 2023.
City Staff reviewed the submissions and interviewed developers in 2021 in response to a Request for Qualification for the Monte Vista housing site for the development of at least 41 affordable apartment units. In August 2022, the Poway Housing· Authority Board approved an Exclusive Negotiating Rights Agreement with Wakeland Housing and Development, Inc. (Developer) for the development of 60 affordable rental units for developmentally disabled adults and military veterans. An Affordable Housing Agreement, Ground Lease and Land Use Entitlements were approved by the Poway Housing Authority Board and the City of Poway City Council for execution on November 19, 2024. The Developer has until December 31, 2027 to complete construction and begin occupancy.
Regional Issues
While Poway's policies, plans and programs seek to maintain a high quality of life for its residents and businesses, the City does not exist unto itself. Poway actively participates in regional policies and plans established for the benefit of the San Diego County region including the following:
• Water Quality Improvement Plans (WQIPs) for the San Dieguito and Los Penasquitos watersheds with other local jurisdictions.
• Multiple committees with other co-permittees subject to the National Pollutant Discharge Elimination System (NPDES) Permit R9-2015-0100 including: Land Development Work Group, Monitoring Work Group and the Education Work Group. • Bi-monthly Utility Coordination meeting with all utility agencies to discuss projects and resolve issues.
• Regional economic development-related events.
The San Diego Association of Governments (SANDAG) is a key regional public agency that serves as the forum for regional decision making, building consensus, making strategic plans, obtaining and allocating resources, and providing information on a broad range of topics relevant to the region's quality of life. Poway participates in the following SANDAG planning processes and programs:
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■ Participates as a voting member on the Mobility Working Group Committee; ■ Participates as a voting member on the Sustainable Communities Working Group, including active involvement with the Regional Housing Needs Plan, Smart Growth site mapping and descriptions, as well as development of the San Diego Forward Regional Plan and Multimodal Hubs;
■ Participated in 1-15 Comprehensive Multimodal Corridor Plan (CMCP), including providing comments encouraging a multi-modal transit corridor along the SR-67 and Scripps Poway Parkway. The CMCP was approved in September 2022. ■ Participated in the development and review of the 2025 Regional Plan 2025 City of Poway General Plan Implementation Annual Progress Report March 17, 2026, Item #3
Housing Element
It is the goal of the City of Poway to provide adequate and appropriate housing opportunities to meet the needs of current and future residents.
The City of Poway Housing Element Update (June 30, 2020 to April 15, 2029) was adopted by the Poway City Council on August 3, 2021. After multiple revisions and discussions with HCD staff, on March 23, 2024, the City received a letter from HCD confirming the Poway Housing Element met the statutory requirements of the Housing Element law and will be in full compliance with the State law after adoption by the City Council and submittal to HCD for final approval.
Approval of the item was covered by the Negative Declaration, adopted by the City Council in August 2021, so no further CEQA review was required. On April 2, 2024, the City Council unanimously approved the General Plan Amendment GPA 24-001 and GPA 21-002 for the Adoption of the City of Poway 2020-2029 Housing Element.
With the adoption of the City's Housing Element Update in 2021 and updates in 2024, City staff continues to work on several Program Implementation tasks of the Housing Element including:
• In 2024, staff began working to evaluate updates to the Poway Municipal Code required by the Housing Element. An on-call consultant from SANDAG's Housing Assistance Program, Ascent Environmental and Planning Consultants, provided research to the City on Objective Design Standards (ODS) used by other agencies in the region to address required revisions. The ODS are being refined by staff to support required Code updates in 2026.
• In July 2022, the City Council approved the McKee Orchard subdivision at the terminus of Holly Oak Way and south of Twin Peaks Road. The subdivision utilizes a density bonus for 20 single-family residences, one of which is deed restricted to be affordable to a household at the very low-income level. During 2024, five homes were granted occupancy, including the affordable unit. In 2025, the remaining five building permits were granted occupancy for the McKee Orchard development.
• In 2025, construction, which had been delayed due to development financing, resumed on the Poway Paseo housing development located at 13249-13253 Poway Road. This project consists of 72 multi-family residential apartment units, 15,871 square feet of commercial space. The project includes a wide pedestrian corridor, parkway and landscape improvements, and a restaurant row. This project site is within the Town Center land use designation of the Poway Road Specific Plan (PRSP). A Density Bonus of 45.6 Dwelling Unit/Acre was approved by the City Council in 2021. Nine of the residential units will be deed restricted to be affordable to low-income (up to 80% of Area Median Income) households. Project completion is anticipated in 2027.
• On August 17, 2022, the Poway Housing Authority and Wakeland Housing and Development Corporation (Developer) executed an Exclusive Negotiating Rights Agreement for the potential development of 60 affordable rental units targeting developmentally disabled adults and military veterans. An Affordable Housing Agreement, Ground Lease and Land Use Entitlements were approved on November 19, 2024 for 18 extremely low, ten very low and 31 low-income units. The Developer has until December 31, 2027 to complete construction and begin occupancy.
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March 17, 2026, Item #3
• Local ADU regulations were revised in 2019. A total of 36 building permits were issued for ADUs in 2025. Based on comparable rents analysis, staff has determined that ADUs are typically affordable to moderate-income households. ADUs are expected to play a significant role in meeting the City's Regional Housing Needs Allocation (RHNA) and meeting fair-housing initiatives within the upcoming housing element cycle. • In December 2025, the Poway Housing Authority expedited the review and approval of tax-exempt bond financing for the rehabilitation of three existing affordable housing communities: Haley Ranch Estates, Hillside Village, and Park View Terrace. The accelerated approval was necessary to allow bonds to be issued prior to the expiration of the City's Difficult to Develop Area (DOA) designation on December 27, 2025, ensuring the project remained eligible for a 30 percent basis boost in tax credit funding totaling more than $5 million. This additional funding will extend long-term income affordability and enhance residents' quality of life through comprehensive rehabilitation and repairs to housing units, community facilities, and supporting infrastructure. • The City Council approved funding in the FY25/26 budget to update the Housing Sites Inventory and prioritize development of additional housing projects/programs. On December 29, 2025, a request for proposals was issued for an update of the City's affordable housing sites inventory and evaluation of the development potential of Housing Authority owned sites. Rincon Consultants was determined to be the most qualified consultant providing the best value to the City. Rincon will update the affordable sites inventory and evaluate Housing Authority owned sites, to enable the City Council to establish priorities for additional housing projects/programs to be advanced in 2026.
Regional Housing Needs Assessment (RHNA) (Information derived from HUD and SANDAG) The RHNA process refers to the first two steps (Determination and Allocation) of a multi-step process that California governments use to plan for housing needs in each region of the state.
The RHNA process including Determination, calculating the housing need in each region, and Allocation, distributing the need to cities and counties.
The San Diego Association of Governments (SANDAG) is responsible for overseeing the Regional Housing Needs Assessment (RHNA) process for the region. It identifies the need for housing and guides land use planning by addressing existing and future housing needs resulting from population, employment, and household growth.
Most federal and state housing assistance programs set maximum incomes for eligibility to live in assisted housing, and maximum rents and housing costs that may be charged to eligible residents, usually based on their incomes. State statutory limits are based on federal limits. These limits are based on HUD surveys of local area median income (AMI). The commonly used income categories are approximately as follows, subject to variations for household size and other factors:
• Acutely low income: 0-15% of AMI
• Extremely low income: 15-30% of AMI
• Very low income: 30% to 50% of AMI
• Lower income: 50% to 80% of AMI; the term may also be used to refer to all units 0% to 80% of AMI
• Moderate income: 80% to 120% of AMI
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March 17, 2026, Item #3
"Affordable housing cost" for lower-income households is defined in State law as not more than 30 percent of gross household income with variations (Health and Safety Code Section 50052.5).
The comparable federal limit, more widely used, is 30 percent of gross income, with variations. "Housing cost" commonly includes rent or mortgage payments, utilities (gas, electricity, water, sewer, garbage, recycling, green waste), and property taxes and insurance on owner-occupied housing.
• For the current Housing Element Cycle (6th Cycle), SAN DAG has allocated a total of 1,319 housing units for Poway distributed into each income category. The breakdown of units allocated for the different affordability levels is shown below with the amount of units remaining to be permitted in the current Housing Element Cycle Table 1: RHNA Allocation for Poway, 6th Cycle (2020-2029) Housing Income Categories, RHNA Allocation Units Remaining Percentage by Annual Median Units Produced in
Income (AMI) (6th Cycle) 2025 (6th Cycle)
Very Low (30-50%) 468 0 453
Low ( 50-80%) 268 0 200
Moderate (80-120%) 241 36 61
Above Moderate (>120%) 342 52 (60)
Total 1319 88 654
As part of the General Plan Annual Report, HCD requires an update on the City's efforts to implement its housing programs. Implementation programs from the adopted 2020-2029 Housing Element Update have been in effect. The City's completed Annual General Plan Progress Report for Housing Element Implementation is included as Attachment B of this report.
Transportation Element
It is the goal of the City of Poway to provide a safe, realistic, efficient, and integrated transportation system to serve the present and future mobility needs of all the residents of Poway. • As part of the street maintenance program in 2025, approximately 21 miles of roadway were slurry sealed. Various street overlays were performed totaling approximately 11 miles in length.
• The City applied for, and was awarded, a Highway Safety Improvement Program (HSIP) grant in 2021 for safety improvements along Poway Road. The HSIP is a federal-aid program with the purpose of achieving a significant reduction in traffic fatalities and serious injuries on all public roads. The grant application includes installation of directional medians at four non-signalized locations along Poway Road to restrict left turns onto
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March 17, 2026, Item #3
Poway Road while still allowing drivers to turn left into shopping centers along the street.
The application also includes upgrades to five signalized intersections along Poway Road between Pomerado Road and Midland Road. The design of this project started in January 2023 and construction occurred during 2024. The project was completed in March 2025. • The Public Works Department operates and maintains 59 signalized intersections in the City of Poway. Forty-three of the signalized intersections relied upon controllers that have been discontinued, are no longer manufactured, and would be difficult to replace in case of failure. In 2024, the City Council approved a project to replace the obsolete controllers and improve the traffic signal communication system. The chosen controller is an advanced transportation controller and is configurable for use with the City's traffic management applications. Replacement of the controllers meets the City's goals of replacing aging signal components and more efficiently managing, controlling and operating the City's traffic signal system. The design of this project started in August 2023, and construction occurred in 2024. The project was completed in February 2025. • In 2025, the City Council approved a project for improvements at the Twin Peaks Road/Community Road and Pomerado Road/Meadowbrook Lane intersections. The Traffic Signal Video Detection Upgrades project includes the removal and/or replacement of outdated battery back-up systems, video detection systems, emergency vehicle preemption systems, vehicle detection cameras, service meters, pull boxes, cabinets, conduit and conductors. Design of this project started in early 2025 and construction began in August 2025. The project is anticipated to be completed in early 2026. • Construction of the Neighborhood Sidewalks project which includes installation of approximately 4,000 square feet of new sidewalk along Garden Road began and was completed during the summer 2025. The new sidewalk provides connectivity between existing sidewalks and will provide a safer path of travel to the adjacent elementary school.
• In June 2025, the City Council approved a project to conduct an Engineering and traffic Survey to establish, or update posted speed limits on selected roadway segments in compliance with the California Vehicle Code. The most recent study was completed for the city in 2019 and the surveys are close to expiring and require renewal. This study justifies non-statutory speed limits and ensures they remain enforceable. A total of 54 roadway segments are currently being analyzed. The study is anticipated to be completed in 2026.
• In August 2023, the City's Traffic Safety Committee (TSC) supported staff's recommendation to install improvements to address safety concerns expressed by residents on Midland Road. The improvements consist primarily of replacement of existing warning signs with fluorescent yellow-green signs, rapid flashing beacon signs and a speed feedback sign. In October 2023 the City Council approved the proposed safety improvements along with funding for the project. Construction was completed in 2024.
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March 17, 2026, Item #3
Public
Facilities
Element
It
is
the
goal
of
the
City
of
Poway
to
enhance
the
well-being
of
Poway
residents
by
providing
opportunities
for
relaxation
, rest,
activity
, and
education
through
a
we/I-balanced
system
of
private
and
public facilities
distributed
to
serve
the
entire
community.
Facilities
•
The
City
operates
cultural,
historical
and
outdoor
recreation
facilities
enjoyed
by
residents
and
visitors
from
all
over
the
region
. Poway
is
home
to
18 parks
, 21
sports
fields,
a
lake
recreation
area,
the
Mickey
Cafagna
Community
Center,
a
swim
center,
a
skate
park,
joint-use
school
facilities
, the
Poway
Center
for
the
Performing
Arts
(PCPA),
O
ld
Poway
Park
historical
area,
the
Kumeyaay
lpai
Interpretive
Center,
the
Blue
Sky
Ecological
Reserve,
and
the
Poway
branch
of
the
San
Diego
County
Library
.
•
In
2025,
a
new
circulation
pump
and
motor
were
installed
at
the
Poway
Community
Swim
Center
to
replace
the
previous
system,
which
had
exceeded
its
expected
lifespan
. With
the
new
circulation
pump
in
place,
the
pool
will
continue
to
be
maintained
at
a
comfortable
temperature
of
80 to
84 degrees,
supporting
a
variety
of
aquatic
activities
for
the
community
.
•
The
PCPA
is
a
state
-of
-the-art
professional
theater
designed
for
professional
and
student
performances
ranging
from
major
plays
and
concerts
to
appearances
by
individual
artists.
It
is
a
City
owned
building
located
on
the
Poway
High
School
campus.
The
PCPA
multi
year
phased
project
is
the
first
comprehensive
maintenance
program
to
replace
much
of
the
mechanical,
plumbing
and
electrical
equipment
in
the
facility
as
well
as
replace
interior
finishes
and
roofing
system.
At
this
point
in
the
building's
lifespan
, most
of
the
equ
ipment
has
outlived
its
standard,
useful
life
and
needs
replacement.
In
2025
, replacement
of
the
roofing
system
was
completed
, and
work
began
on
HVAC
controls
and
replacement
of
the
sound
system.
•
In
2025,
the
Community
Services
and
Development
Services
Departments
worked
together
on
the
replacement
of
the
Heating
Ventilation
and
Air
Conditioning
Controls
at
the
PCPA.
Construct
ion
occurred
over
the
summer
.
The
project
is
anticipated
to
be
complete
in
early
2026
.
Facility
Utilization
•
Lake
Poway
Recreation
Area
continued
to
be
the
destination
for
outdoor
enthusiasts
who
enjoyed
hiking
, fishing,
boating
and
picnicking
. A
total
of
25 ,112
fishing
permits
were
purchased
, 8,905
boats
were
rented
, and
530
archery
cards
were
sold
. Parking
permits
were
issued
to
32,741
non-resident
visitors
to
Lake
Poway.
Lake
Poway
hosted
the
30th
Annual
Youth
Fishing
Derby
with
500
youth
and
their
families
in
attendance
. Summer
Day
Camp
provided
outdoor
fun
and
teen
counselor
training
for
493
youths.
Lake
Poway
hosted
10 seasonal
camping
opportunities
for
3,000
people
. Three
of
these
cam
pouts
were
themed
and
offered
additional
opportunities
to
the
public:
the
themes
were
Flora
and
Fauna,
Earth
Day
, and
Halloween
. In
addition,
Lake
Poway
hosted
four
Summer
Concerts
for
crowds
totaling
7,500
people
. The
ever-popular
Family
Camp
Outs
sold
out
again
th
is
year
hosting
350
families
in
the
community
.
Page
10 2025
City
of
Poway
General
Plan
Implementation
Annual
Progress
Report
12 of
40 March 17, 2026, Item #3
• The Blue Sky Ecological Reserve hosted 40 docent-led hikes, 3 outreach presentations and community tours, and 6 programs/events. The largest event was Hoot, Howl and Prowl, with over 200 participants signed up to attend. Many docents also patrolled the Reserve, acting as a resource to visitors and educating the public on the Reserve's regulations. The Kumeyaay-lpai Interpretive Center hosted 38 school tours. The tours meet the Poway Unified School District curriculum for local history. The Center also put on 20 community tours and outreach presentations, 11 public Saturday openings, and 2 events, including a watercolor class and a musical instrument event. • Community Park, which includes the Mickey Cafagna Community Center, was the hub for many recreation activities such as dance, art, sports, health/wellness, special interests and City-run program series including "Kid's Night Out" and "Teen Program Series." In 2025, 6,487 people of all ages and abilities were enriched by their choice of 474 contract class and camp offerings.
• In partnership with the Friends of Poway Seniors, the City continued expanding its older adult programming at the Mickey Cafagna Community Center. Offerings in 2025 included the Congregate Meal Program with monthly entertainment and birthday celebrations, which served 22,538 meals; monthly craft, movie and cooking series; holiday event series; health and wellness classes; socialization programs; a volunteer program, and a quarterly newsletter.
• The Poway Community Swim Center had an annual attendance of 41,287 recreational and lap swim users, conducted swim classes and private swim lessons for 1,968 enrollees, and held two swim meets. Each swim meet had approximately 1,300 athletes and 4,000 attendees. The Splash Bash, an annual summer kick-off pool party at the Swim Center, had 401 attendees.
• Old Poway Park brings history to life with buildings, surroundings, and programs that reflect early 2oth Century California. In 2025, visitors enjoyed the many park attractions including the antique steam engine train and other rolling stock at the Poway-Midland Railroad, the Heritage Museum, the historic Nelson House, and the Old Poway Pottery studio. The Farmers Market continued to draw large crowds. 1,590 students experienced local history through a fun and interactive guided tour, which also meets the Poway Unified School District curriculum for local history.
• Old Poway Park is well known for hosting large, historically themed community events including the "Old Fashioned Fourth of July," "Once Upon a Hallowe'en," a 2-day "Christmas in the Park," and "Rendezvous in Poway". The park also hosted three concerts as part of the Summer Concert Series, three Movies in the Park, weekly live music in the Gazebo on Saturday mornings, and a Volunteer Fair.
• The Poway Arts and Craft Guild expanded their involvement in Old Poway Park. A woodworking artisan has set up a permanent studio in the Parlor. She is open to the public on weekends, when she offers live demonstrations and discusses the importance and history of woodworking at the turn of the twentieth century. • Old Poway Park added a new volunteer organization this past year, the Heritage Gardening Group. These volunteers help maintain specific gardens at Old Poway Park,
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March 17, 2026, Item #3
and have enhanced the park gardens by adding a Victory Garden to be used during student tours.
• The City's sports fields were utilized for 12, 160 hours by 13 youth and adult sports organizations within the Poway Sports Association and various other outside sports groups.
• Open play at the Poway Unified School District joint use gymnasiums attracted 11,350 recreation enthusiasts.
• The Community Services Department Staff issued 767 facility rental permits for picnics, meetings, events, and weddings.
• The Poway Center for the Performing Arts is owned and operated by the City and gives the community the opportunity to enjoy live performances, cultural and educational presentations, and art exhibits. Primary presenters include community-based arts organizations, the Poway Unified School District, and the nonprofit corporation Poway OnStage. In total there were 63 rehearsals and 98 performances with 52,441 attendees. • In 2025 the Poway branch of the San Diego County Library continued its partnership with Feeding San Diego by hosting its third food distribution event, increasing the number of families served to 300. As a result of this initiative, Poway Library was selected to host Kennedy Wesley, the soccer player from San Diego Wave FC. The Friendship Club program, which offers social and engaging activities for adults with special needs, has grown significantly, with nearly 70 individuals attending the biweekly sessions. To better serve the community, Poway Library partnered with the Poway Friends of the Library to apply for a Community Foundation Grant to support art and music therapy sessions and was awarded $4,000 to provide specialized programming for this group. The Youth Services Department continued to offer educational and entertaining programs for children and teens ages Oto 17. One of the library's most popular offerings was Teen Game Day, which attracted approximately 30 teens each week, a demographic that is traditionally challenging to engage in libraries nationwide. This year, the library also piloted a new After-Hours Game Night for adults. The program has been so successful that other libraries began to explore offering similar programs in their communities. As in previous years, Poway Library remained the #1 circulating branch among the County Library System's 33 locations, circulating a total of 958,961 library materials in 2025.
Community Outreach
• The City's Community Outreach Coordinator in partnership with all City departments utilizes social media including the City website, Facebook, Nextdoor, Twitter, and lnstagram to promote activities and events at City facilities, as well as share information about current and future capital projects. The City also produces a bi-monthly email newsletter with more than 15,000 subscribers, which is another tool for sharing information and making announcements.
• The Community Services Guide provides information about the many recreational programs and facilities offered by the City. This electronic guide lists all classes, camps, activities, and special events and is distributed quarterly, plus a special issue for summer camps.
14 of 40
March 17, 2026, Item #3
• The City's investment in volunteer recruitment, training, and retention provides significant cost savings, and makes it possible to enhance the scope and caliber of programming at City recreation and cultural facilities. The City of Poway has approximately 819 volunteers of all ages who donate their time and talent to the 30 committees, organizations, groups, and commissions. The Community Services Department benefited from 4,087 volunteer usher hours at the Poway Center for the Performing Arts, 1,634 volunteer docent and tour guide hours at the Blue Sky Ecological Reserve and Kumeyaay lpai Interpretive Center, and 6,640 historical society and railroad volunteer hours at Old Poway Park. The Teen Volunteer Program's 82 volunteers between the ages of 14 and 18 provided 1,733 teen volunteer hours at programs and events throughout the Community Services Department.
The Old Poway Park Action Committee contributed over 12,500 hours. The City also has a Reserve Park Ranger program with 27 dedicated volunteers who serve on trails, at events, and throughout our parks. They amassed 4,079 volunteer hours during this reporting period.
• The City of Poway continues to offer the PLAY (Poway Leisure Assistance for Youth) Scholarship program which provides financial assistance to children who want to participate in City-recreation programs but can only do so with economic support. The scholarship is available to Poway children 17 years or younger whose families meet established income guidelines, and for individuals with disabilities of any age who live in Poway. The program is supported by City funding and private donations. In 2025, 134 scholarships were granted.
Water
• The Distribution Maintenance (OM) program included the inspection of 986 valves and 434 fire hydrants.
• In 2025, staff replaced/installed 214 water meters and replaced 22 distribution valves. • The Annual Dead-End Flushing Program completed 649 dead-end flushes in 2025. • In September 2022, the City completed the first phase of the Water Infrastructure Improvement Program. The Clearwell Bypass Project allowed the 10-millon gallon (MG) Clearwell reservoir to be taken off-line for replacement and consists of bypass pipelines (both temporary and permanent), a temporary pump station, a temporary pressure regulating station and two 1.4 MG temporary bypass tanks. The new bypass pipeline and temporary tanks were inspected, flushed, and put into operation in November 2022. The second phase of the Water Infrastructure Improvement Program is the Clearwell Replacement Project. This project consists of replacing the existing clearwell with two new 4 MG prestressed concrete tanks. The existing clearwell has reached the end of its useful life and is in need of replacement to maintain reliable service to Poway residents.
Construction began in Winter 2024 and is scheduled for completion in 2026. • The final component of the Water Infrastructure Improvement Program is the Poway Treated Water Facilities and Redundant Pipeline Project. The project consists of water transmission pipelines, a pump station and a forebay, and is referred to as the Poway Treated Water Facilities and Redundant Pipeline Project. This project will be owned and operated by the City of Poway once constructed. This project will diversify Poway's water
15 of 40
March 17, 2026, Item #3
supply
portfolio
and
allow
for
operational
flexibility
and
water
treatment
plant
maintenance
and
rehabilitation
. The
project
is
expected
to
begin
construction
in
early
2027
.
Wastewater
•
In
2025,
Wastewater
Collections
staff
cleaned
64 miles
of
sewer
pipeline
to
maintain
a
free-flowing
system
to
prevent
sanitary
sewer
overflows
and
protect
the
environment.
•
In
2025
,
Wastewater
Collections
staff
continued
the
Annual
/
Bi-Annual
Lateral
Assessment
Program,
which
assessed
, inspected
and
cleaned
221
annual
laterals
and
61 bi-annuals
laterals,
verifying
pipe
condition
and
maintenance
of
a
free
-flowing
system
to
prevent
sanitary
sewer
overflows
and
protect
the
environment
from
wastewater
contamination
.
•
In
2025
the
Wastewater
Collection
Division
cleaned
337,435
linear
feet
of
sewer
pipe
and
inspected/videotaped
126,525
linear
feet
(or
24 miles)
of
sewer
pipe
in
Poway
using
the
City's
CCTV
van
. This
routine
preventative
maintenance
(not
CIP)
is
performed
annually
to
verify
pipe
condition
and
maintain
a
free-flowing
system
to
prevent
sanitary
sewer
overflows
and
protect
the
environment.
The
city
has
186
miles
or
982
,000
linear
feet
of
sewer
pipeline
in
the
wastewater
collection
system.
The
Division
also
inspected
and
or
cleaned
932
sewer
laterals
in
2025
.
•
In
2025,
wastewater
staff
completed
10 sewer
lateral
repairs
, identified
by
annual
lateral
assessments.
•
In
2025,
staff
performed
a
root
foaming
application
on
4.8 miles
(25,253
linear
feet)
of
8-
inch
vitrified
clay
pipe
which
was
treated
to
prevent
root
intrusion
into
the
collection
system
.
Public
Safety
Element
It
is
the
goal
of
the
City
of
Poway
to
provide
a
safe
and
healthy
environment
for
the
residents
of
Poway. General
Plan
Public
Safety
Element
Update
: Since
the
City
Council
approved
the
Housing
Element
update
in
2024,
the
California
Department
of
Housing
and
Community
Development
(CA
HCD)
mandates
a
subsequent
update
of
the
Safety
Element
for
General
Plans
.
Fire
Department
and
Development
Services
Department
(DSD)
staff
began
meeting
in
April
2024
regarding
th
is
update
.
Michael
Baker,
International
was
contracted
to
complete
the
Public
Safety
Element
Update
.
A
final
draft
of
the
Public
Safety
Element
was
received
from
MBI
in
December
2025
.
The
California
Board
of
Forestry
approved
the
draft
document
in
January
2026.
The
Safety
Element
Update
will
be
presented
to
the
City
Council
for
their
consideration
and
adoption
in
2026.
Law
Enforcement
Services
Crime
Analysis
•
For
the
City
of
Poway
in
2025,
overall
crimes
against
persons
saw
a
decrease
from
334
incidents
in
2024
to
317
incidents
in
2025
(298
of
those
incidents
were
assault
related
offenses)
.
Page
14 2025
City
of
Poway
General
Plan
Implementation
Annual
Progress
Report
16 of
40 March 17, 2026, Item #3
• Overall crimes against property saw a decrease from 593 incidents in 2024 to 510 incidents in 2025. In 2025, there were also several categories with large decreases, specifically:
Theft from vehicles decreased from 85 incidents in 2024 to 68 incidents in 2025 Fraud offenses decreased from 102 incidents in 2024 to 75 incidents in 202·5 Motor vehicle theft decreased from 43 in 2024 to 20 in 2025 Traffic Enforcement
• In 2025, the Sheriff's Poway Station Traffic Unit issued a total of 3,279 moving violation citations, made 152 Driving Under the Influence (DUI) arrests, recovered three stolen vehicles, conducted 4,728 deputy-initiated contacts, and responded to 2,417 calls for service. Furthermore, our traffic deputies conducted multiple operations in the City of Poway focusing on Impaired Driver (DUl)/Distracted Driver saturation details, two DUI checkpoints, and two citywide motor strike team details focused on unsafe speed and distracted drivers, and speed enforcement on SR-67. The goals of these operations were to educate the public, reduce traffic collisions and most importantly, make our roadways safer.
• Poway Traffic Deputies presented eight Start Smart traffic safety education classes with over 500 students attending, six e-Bike safety classes to approximately 1,400 students and parents, and in partnership with the Poway Unified School District and the Kiwanis Club of Poway, our deputies hosted an e-Bike safety rodeo aimed at educating our community about e-Bike safety, hazards, and rules of the road. Furthermore, our Traffic Deputies also participated in numerous community events to include security details at the Poway High School graduation, 4th of July fireworks events, the Poway Rodeo, the Poway Rotary Parade, Halloween and holiday events.
Investigations
• In 2025, the Poway Criminal Apprehension Team (PCAT) continued to address quality of life issues in our community. These investigations are focused on illegal camping, unhoused population, graffiti, gangs, and narcotics related cases. PCAT investigated three gang related assaults and arrested involved individuals. PCA T Detectives also initiated 13 proactive narcotics investigations, including two fatal fentanyl overdose cases resulting in multiple arrests, and leading to the seizure of 11.5 pounds of methamphetamine, six pounds of liquid methadone, five ounces of fentanyl, 210 Oxycodone pills, and two illegally possessed shotguns. PCAT continues to work diligently to disrupt gang and narcotics networks which bring crime and illegal drugs into Poway neighborhoods.
• In 2025, the Poway Area Detective Unit was successful in identifying and arresting suspects in multiple cases, including two high profile investigations. The teamwork shown
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March 17, 2026, Item #3
by our detectives in their cases exemplifies the power of collaboration, demonstrating how united efforts can lead to remarkable outcomes.
• In November 2025, deputies conducted a manhunt for an individual who fled from deputies following an investigation into the negligent discharge of a firearm in Poway. The individual was wanted for multiple firearms related charges. The investigation became a multi jurisdictional case across state lines with the subject evading capture. Over the course of a week, the collaborative efforts and tireless investigative work from detectives, specialized units, and the Fugitive Task Force, the wanted individual was located and arrested in Oklahoma.
• In December 2025, Garden Road Elementary School received a school threat via TikTok video. The video displayed images of tactical gear, firearms, and music containing lyrics expressing suicidal ideation. After securing the campus, the Poway Detective Unit, along with support from the station's crime analysts and the Law Enforcement Coordination Center, deployed resources and thoroughly investigated the incident. Within hours, a juvenile suspect was identified and contacted.
• The City of Poway continues to maintain two anonymous tip lines for community members and students to report suspicious activity. The tip lines are Poway ALERT (855-56-ALERT) and PUSD Safety Tipline 1-844-PUSD-TIP (1-844-787-3847). These initiatives aim at keeping the city safe and provide resources for residents to report concerns. These tip lines do not provide direct access to law enforcement. To report a crime or suspicious activity, we encourage the community to call the Sheriff's non-emergency line at (858) 868-3200 or 9-1-1 if it is an emergency.
Community
• The Poway Sheriff's Station is home to the largest Volunteer Sheriffs Patrol (VSP) team in the county, with 56 volunteers. Poway VS P's act as ambassadors for the Sheriffs Office and collectively volunteered a total of 13,651 hours toward the community of Poway.
These hours include vacation checks, security checks, YANA visits, school visits, foot patrols, community patrols, traffic control, security checks at places of worship and community events, to name a few. Poway VSPs are an integral part of the Sheriffs Organization with their selfless service, unwavering support, and dedication. They assist the Sheriff's Office in promoting public safety and crime prevention goals in an effective and cost-efficient manner while helping the City of Poway reduce the cost of law enforcement services. The Sheriff's Office places a value of $35.56/per hour on their time, resulting in an estimated $485,230 of added value to the City of Poway. • In 2025, the Poway Sheriff's Station continued to foster community relationships through active engagement and immersion. Our Crime Prevention Specialist coordinated the Poway Station's involvement in several Poway community events to include the Poway Neighborhood Emergency Corps (PNEC) Emergency Survival Fair, First Responders Day with the Poway Fire Department, National Night Out hosted at the Poway Station, Meals on Wheels, Cultural Library events, Cookie with a Deputy, the Rotary Parade, Faith and
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March 17, 2026, Item #3
Blue, numerous school presentations, Chamber events, business outreach, Special Needs Foundation and other community celebrations to name a few.
The San Diego County Sheriffs Office, Poway Station is steadfast in our commitment to serve our communities with excellence, and we pride ourselves in providing the best law enforcement services to this wonderful Poway community. Our efforts in 2025 illustrate the collaborative work of our deputies, detectives and administrative staff whose unwavering commitment to keep Poway safe, and the value placed in fostering community relationships is evident.
Fire Safety
Public Safety Element / Emergency Preparedness section. • The City of Poway continues to maintain an emergency care and shelter program that utilizes both City-owned and privately owned facilities. The Emergency Preparedness Program Manager continues to work closely with the Community Services Department to maintain emergency shelter operations plans for city owned facilities. Memorandums of Understanding with two private facilities expands the availability of shelters during an emergency.
• The City of Poway emergency care and shelter program includes supply caches with equipment for up to 1,500 evacuees. Each supply cache is inspected annually for damage and security. Shelter Manager kits have been updated with the most recent forms and guidance materials, and training was provided to staff of the Community Services Department.
• The Fire Department continued its management of the City's Emergency Operations Plan (EOP) and Emergency Operations Center (EOC). In 2025, training was provided to all personnel assigned to the EOC and the Policy Group participated in a tabletop exercise focused on managing a rapidly evolving wildfire event. Emergency preparedness information and training was provided to all Disaster Service Workers to reinforce their responsibilities during a disaster.
• The Fire Department continues to foster community volunteerism and strengthen regional partnerships to enhance response to large-scale emergencies and disasters. In 2025, Community Emergency Response Team (CERT) volunteers provided 575 hours of service to maintain readiness and educate residents on basic emergency preparedness.
The Emergency Preparedness Program Manager, in coordination with the Poway Neighborhood Emergency Corps (PNEC), hosted ten twenty-four educational seminars and events to provide valuable emergency preparedness, fire safety, and hazard mitigation information to the community.
Emergency Response
• In 2025, the Fire Department continued to respond from three fire stations strategically located within the City of Poway. Emergency and non-emergency response is provided 24 hours per day, seven days per week. Daily fire suppression personnel consist of 17 first responders staffing three paramedic engines, two paramedic ambulances, one paramedic ladder truck, and one incident command vehicle.
19 of 40
March 17, 2026, Item #3
• In 2025, the Fire Department received 5,300 calls for service including requests for mutual aid support through the State's Fire & Rescue Mutual Aid System. • In 2025, the Fire Department continued to deliver manipulative skills learning and training activities that promote the professional development of its personnel resources and improve team response capabilities. Personnel recorded 13,345 hours of team training and professional development.
Fire Prevention and Hazard Mitigation
• The Fire Department hosts an annual Open House to educate community members about fire safety, fire prevention, and emergency preparedness. The goal of the Open House is to build trust with the community, demonstrate Fire Department capabilities, and engage with the public in a fun and interactive way. In 2025, the Fire Department Open House received approximately 1,500 community members.
• In 2025, the Fire Department maintained the status of the Quail Mountain Firewise Community. The development of Firewise Communities remains a top priority for wildfire prevention.
• In 2025, the Fire Department continued the Agriculture Pass program with two qualified entities participating.
• The City of Poway continues to implement the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). The MJHMP identifies the primary hazards affecting the City and encourages a cohesive strategy to mitigate their effects.
• In 2025, the Fire Department completed 978 Fire and Life Safety inspections of Poway businesses, healthcare institutions, and apartment complexes, schools, daycares, and new construction.
• In 2025, the Fire Department completed 206 Defensible Space inspections and Home Hardening consultations.
Hazardous Waste Management
• The City has a regional, permanent Household Hazardous Waste (HHW) Collection Facility where residents can recycle used oil, electronic waste and dispose of HHW such as household chemicals, sharps and batteries. It is open every Saturday, from 9 a.m. to 3 p.m., except on holiday weekends. The City's Household Hazardous Waste Collection Facility collected over 317,917 pounds of HHW in a year from over 6,093 visits to the site from City of Poway residents. The City spent $441,269.08 for HHW disposal for its residents in 2025. There are also eight registered Used Oil Recycling Program collection centers in the City, and they collected an additional 12,052 gallons of used motor oil during the 2024-2025 reporting year.
• Since 2023, the City has had Memorandums of Understanding with two emergency shelter locations to increase the availability of shelters during an emergency. Training materials have been provided to the Disaster Preparedness Coordinator for inclusion in the City's plans and procedures. The Community Services Department has and will continue to work
20 of 40
March 17, 2026, Item #3
closely with the Fire Department to develop an emergency shelter operations plan for the Mickey Cafagna Community Center.
Hazard Mitigation Grant Programs
• The City was awarded $2.7 million in Federal Emergency Management Agency (FEMA) funding, with a required 25 percent local match, to reduce wildfire fuel loads within the mapped project areas. Certified arborists accessed and evaluated more than 6,500 trees to identify those posing the greatest risk. Tree removal activities began in late 2025 as part of the City's wildfire mitigation strategy, focusing on the strategic removal of hazardous trees along key evacuation corridors. Initial efforts targeted the public rights of-way along two major evacuation routes: Espola Road and Twin Peaks Road, extending west along Camino del Norte to the City limits. By the end of 2025, over 1,050 hazardous trees had been removed. The project is structured as a multi-year effort, with work continuing into 2026. Planned activities include completing tree removal along Twin Peaks Road and Camino del Norte, followed by continued mitigation efforts along Espola Road and within a designated open space area in Green Valley, located just west of Espola Road.
• In addition to tree removal, the city completed critical pre-implementation activities, including the development of a comprehensive tree inventory, ongoing community outreach, and full compliance with the California Environmental Quality Act (CEQA) and all applicable regulatory agency requirements. These coordinated efforts position the City to continue reducing wildfire risk while maintaining transparency, environmental stewardship, and public safety.
Resources Element
It is the goal of the City of Poway to preserve its natural, scenic and cultural resources for the future benefit and enjoyment of its residents, and to protect biological and ecological diversity.
The City of Poway has many natural resources, including creeks, canyons, grassland areas, and mountains, many of which have been protected. The original General Plan adopted in 1983, included a significant Plant and Animal Resource Conservation Element. Goals, policies, and strategies were established in subsequent updates to the General Plan (1991 and 1996) which emphasized preservation of open space, biological resources and the rural character of the "City in the Country" as primary objectives. Implementation policies and strategies promoted development of a City-wide system of reserves and wildlife corridors which provided the foundation for the Poway Subarea Habitat Conservation Plan (HCP) which was approved in 1996.
A key objective of the HCP is to create sustainable, interconnected habitat preserves for the purpose of maintaining viable populations of biological resources. Implementation of the HCP ensures balance between development and conservation in the City, while meeting the mitigation requirements for building private and public development projects.
Development projects that impact habitat land are required to mitigate the impacts in accordance with HCP mitigation requirements. Mitigation is achieved through either dedication of Biological Conservation Easements (BCE) of comparable quality habitat located within the HCP Mitigation Area or payment of a Habitat Mitigation In-Lieu Fee. The In-Lieu Fee provides an efficient and viable option for biological resource impact mitigation and serves as mitigation compensation for direct, indirect, and cumulative impacts, where the direct purchase of habitat lands by a project proponent or on-site preservation are determined by the City to be infeasible. Per the HCP, the
21 of 40
March 17, 2026, Item #3
In-Lieu Fee is to be assessed in accordance with a fee schedule adopted by the City Council.
Currently, the fee is $17,000 per acre. The purpose of the In-Lieu Fee is to provide the City the ability to acquire land within the Mitigation Area for preservation and dedication. • The City has acquired property over the years to meet the preservation goals of the HCP through the dedication and purchase of biologically sensitive land in the City. Several hundred acres were purchased in the early 2000's with Sensitive Land funds that preserved portions of important City landmarks such as Twin Peaks Mountain and Van Dam Peak. These parcels contain native vegetation that have been preserved by the City in their natural state, and count toward meeting the City's HCP habitat preservation goals.
In FY25 the Habitat-in-Lieu fund (2520) received $15,570 in fees, accrued $27,058.43 in interest. The fund balance stands at $1,109,589.
• In 2014, the City approved the Habitat Acquisition Strategy, an implementation plan to use in acquiring properties for habitat preservation using funds from the City's Habitat In-Lieu Fee account. The Strategy includes a detailed list of potential parcels to target for acquisition and provides a thorough analysis of the priority areas as defined in the HCP.
Since the 1997 adoption of the HCP, the City has acquired approximately 948. 72 acres of habitat land (See Table 1 ). The Habitat Acquisition Strategy is used to identify properties to be purchased based on available funding. The City Council reviews all proposed land purchases prior to staff pursuing acquisition. Each year pursuant to the requirements of the HCP Implementation Agreement, the City prepares and submits an annual report to the Wildlife agencies reporting on programs, policies, and projects that were undertaken in the previous year that resulted in implementation of the HCP. • In 2025, 2.06 acres of open space habitat land was preserved in the form of dedicated Biological Conservation Easements (BCE), with an additional 18.816 acres approved for dedication. Additionally, 13.47 acres have been dedicated in Open Space Easements (OSE) for habitat, archaeological, and scenic corridor preservation. • In 2024, Planning staff began preparing documents necessary to rezone land over which BCEs and OSEs have been granted to the land use designation of Open Space (OS) or Open Space-Resource Management (OS-RM). On January 20, 2026, the City Council redesignated and rezoned 32 parcels of land or portions thereof, totaling 311 .48 acres to Open Space, including 205.12 acres of land purchased by the City for permanent preservation.
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March 17, 2026, Item #3
TABLE 1 -f.lABITAT ACQUISITIONS WITH
HABITAT IN-LIEU FEE FUND
YEAR ACREAGE
1997 18.0
1998 109.0
2000 76.0
2001 82.0
2002 102.4
2003 121.6
2004 0.0
2005 0.0
2006 0.0
2007 0.0
2008 5.9
2009 1.9
2010 0.2
2011 0.0
2012 0.0
2013 0.0
2014 0.0
2015 0.26
2016 0.0
2017 1.01
2018 138.24
2019 209.17
2020 83.04
2021 0
2022 0
2023 0
2024 0
2025 0
Total 948.72
23 of 40
March 17, 2026, Item #3
Community
Development
Element
It
is
the
goal
of
the
City
of
Poway
to
provide
for
an
orderly
balance
of
both
public
and
private
land
uses
in
convenient
and
compatible
locations
throughout
the
City,
and
to
ensure
that
all
such
uses
serve
to
protect
and
enhance
the
environment
, character
and
image
of
the
City.
DEVELOPMENT
ACTIVITY
Development
Applications
The
following
tables
provide
a
comparison
of
the
City's
development
activity
over
the
past
six
years.
Each
of
the
noted
applications
and
new
construction
projects
resulted
in
implementation
of
the
General
Plan,
as
all
projects
were
built
in
conformance
with
the
goals
and
policies
of
the
General
Plan.
so 45 40 35 30 25 20 15 10 5 0
•
Development
Review
(DR)
and
Minor
Development
Review
Application
(MORA)
approvals
are
required
before
the
issuance
of
a
building
permit
for
non-residential
development
(i.e.
, multifamily
developments
, commercial,
industrial,
or
public/sem
i-public
development).
•
Tentative
Tract
Map
(TTM)
and
Tentative
Parcel
Map
(TPM)
projects
are
required
to
be
consistent
with
the
California
Subdivision
Map
Act
and
involve
the
subdivision
of
property
into
five
or
more
lots
for
a
TTM
and
four or
fewer
lots
with
a
TPM
.
•
New
development
applications
submitted
in
2025
are
shown
in
Chart
1. In
July
2024
, the
City
Council
eliminated
the
requirement
for
an
MORA
for
single
family
homes
which
has
resulted
in
a
substantial
reduction
in
the
number
of
MDRA's
submitted
in
2025
.
47 38
10 8
I
6 5
I
2 1
201
8 2
01 9
Chart
1 New
Development
Applications
2018-2025 40
28 30
19 ii
l
l
8 7
5 3
2 I
3 4
I
■
3 2020
202
1 2022
2023
■
DR
■
M
DRA
TPM
TT
M
25 7
5 I
3 1
2024
2025
Page
22 2025
City
of
Poway
General
Plan
Implementation Annual
Progress
Report
24 of
40 March 17, 2026, Item #3
New
Residential
Development
• A
total
of
52 building
permits
were
issued
in
2025
for
new
single-family
residential
developments,
and
36 building
permits
were
issued
for
Accessory
Dwelling
Units
(ADU)
for
a
total
of
88 units.
Based
on
comparable
rents
analysis,
staff
determined
ADUs
are
typically
affordable
to
moderate-income
households.
ADUs
are
expected
to
play
a
significant
role
in
meeting
the
City's
Regional
Housing
Needs
Allocation
(RHNA)
and
meeting
fair-housing
initiatives
within
the
current
housing
element
cycle
.
•
In
April
2023,
the
City
Council
approved
a
Development
Review
application
for
Lyon
Estates
a
10-lot
single-family
residential
development
on
a
private
street
at
the
terminus
of
Larchmont
Street.
All
ten
residences
have
been
completed,
including
landscaping,
and
occupancy
granted
in
2025.
•
In
June
2023,
the
City
Council
approved
a
Development
Review
for
Sage
at
Old
Coach,
a
six-lot
single-family
residential
development
north
of
the
intersection
of
Espola
Road
and
Old
Coach
Road
.
In
2025,
all
six
units
have
been
constructed
with
final
occupancy
granted.
The
project
is
complete
.
180 160 140 120 100 80 60 40 20
15 15
0 1
0 2018
Chart
2 New
Residential
Building
Permits
Issued
2018-2025
158
149
97 98
63 63
48 47
42 21
22 12-
I!
33 II
9 ■
1 0
2019
2020
2021 2022 2023 2024
■
SFR
&
ADU
■
MFR
Total
88 88
0 2025
~~
Community
Development/Land
Use
Element
■
The
Farm
in
Poway,
approved
by
the
City
Council
in
June
2020
and
subsequently
approved
by
the
Poway
voters
in
the
November
2020
general
election,
is
a
planned
community
spanning
117
acres
that
is
redeveloping
the
decommissioned
StoneRidge
Country
Club
with
160
residential
units
and
up
to
30,000
square
feet
of
non-residential
Page
23 2025
City
of
Poway
General
Plan
Implementation
Annual
Progress
Report
25 of
40 March 17, 2026, Item #3
buildings that can be used for educational, social, commercial and recreational uses. In 2022, precise grading plans and landscape plans were approved for the residential and open space areas including the tot lot, community gardens, flower fields and trails. In 2023, 102 residences were approved for occupancy. In 2025, 57 residences were approved for occupancy, bringing the total homes approved for occupancy to 159. The developer has commenced construction of Meadow Park which is anticipated to be completed by June 2027.
■ On April 2, 2024, the City Council approved the Harmon Ranch Specific Plan, a 63-lot subdivision located at Oak Knoll Road. The subdivision was submitted in 2022 and included an Environmental Impact Report, a General Plan Amendment, a Zoning Map Amendment, a Tract Map and a Development Review as part of the Council's decision.
The new Harmon Ranch Specific Plan sets the requirements for density, setback, height, minimum lot size, maximum allowable lot coverage and design standards within the area.
Harmon Ranch commenced grading in 2025 and submitted Landscape Plans. Precise Grading Plans and Improvement Plans were reviewed in 2025, with public amenities including a trail and a creek overlook. Building permits for 42 homes were issued in 2025 with home construction expected to be completed in 2026. ■ On March 15, 2022, the final map for the Hidden Valley Ranch Tentative Tract Map (TTM 17-005), for sixty single family homes located on the east side of Old Coach Rd south of Hidden Valley Ranch Road, was approved by City Council. The grading plans for the 420-acre, 41 single-family residential lot subdivision were approved on April 14, 2023.
Recently, Shea Homes acquired the project, and a grading permit was issued in July 2025. The project will result in the removal of several trees for which a tree removal permit has been issued. Grading on site continues.
■ In November 2024, a proposed development had a Pre-Development Conference with the City Council for a 47-unit condominium (for sale) mixed-use development at 13044-13056 Poway Road (currently an equipment rental yard). This proposal includes three street facing ground floor commercial use storefronts with two live/work units. The project applicant submitted a TTM and DR application in October 2025. A public hearing to consider the TTM and DR is anticipated in 2026.
New Commercial and Mixed-Use Development
■ In 2025, based on feedback from the community, an amendment to the Old Poway Specific Plan to allow outdoor music in the commercial areas was initiated. The City contracted with Dudek to evaluate noise standards, develop the language of the amendment, and prepare the CEQA Negative Declaration. The Old Poway Specific Plan Music Overlay Zone Amendment was presented to the City Council on July 15, 2025, and the second reading of the ordinance for adopting the General Plan Amendment was approved on August 5, 2025.
■ The Poway Road Corridor Specific Plan (PRSP) was adopted by the City Council in 2017.
The PRSP envisions the Poway Road Corridor as a distinctive place in the community and region. Key objectives include creating a distinct and vibrant Town Center with a pedestrian friendly streetscape, inviting storefronts, restaurants with outdoor seating, community gathering spaces and a mix of housing types. The PRSP acknowledges the desire to generate aesthetic improvements and renovations to existing business to prime
26 of 40
March 17, 2026, Item #3
the market for new investment on vacant and underutilized infill sites. The PRSP allows for a maximum of 1,399 residential units throughout all its land use districts. In 2017, there were 251 existing residential units within the PRSP, reducing the bank of available residential units from 1,399 to 1,148. City staff monitor the maximum allowable development as projects are approved. The first residential units associated with the PRSP were developed in 2022. A total of 353 residential units have been created with 88 additional units entitled and in progress. The total of completed and entitled units is 441, or 38.4% of the available housing bank. The PRSP requires the City to revisit the allowable development when 50% of the residential bank is exhausted, or within five years after development (2027). A formal update to City Council on the PRSP is planned for later this year.
■ The Fairfield West Village mixed-use project includes 212 multi-family residential apartment units, 11,364 square feet of commercial space and 9,955 square feet of quasi public open space and a new traffic signal at Poway Road and Carriage Heights Way. The project site is on the south side of Poway Road between Carriage Road and Civic Center Drive. The project site falls within the Poway Road Specific Plan (PRSP) and has a designated land use district of Town Center (TC). Construction commenced in 2022 and was completed in late 2024. A second phase of this project, Fairfield II was submitted in 2025 for an additional 16-units which was approved by the City Council on December 16, 2025.
■ In February 2024, a revision of the approved CUP22-0005/DR22-0006 was submitted for Raising Cane's, at 12665 Poway Road, where a former paint and body shop was located (north of the Kumeyaay lpai Interpretive Center). This revision was submitted to move the exterior patio to the south side of the building and use the Poway Road portion of the site as a landscape buffer. The City Council approved the revised project in May 2024.
Building construction was completed in 2025.
■ In 2025, new commercial businesses located in Poway: Better Buzz Coffee submitted a building permit application to locate at 12612 Poway Road which was approved in January 2025. In November 2025, the City Council approved an MCUP and MORA for Tractor Supply Company, located at 12654-12666 Poway Road, for the outdoor sales and display yard. An accompanying MORA was approved by staff in October 2025 for the building shell and interior tenant improvements. Dutch Bros submitted for a Conditional Use Permit and Development Review to locate at 137 40 Poway Road which was approved by City Council on February 17, 2026. A new membership golf simulator club applied for an Administrative Use Permit and subsequent building permits in December 2025. The AUP was approved on February 25, 2026.
27 of 40
March 17, 2026, Item #3
Chart 3
New Commercial Square Footage
2018-2025
120000
99,895 103,898
100000
80000
54,392
60000 I
40000 33495
20000
I
11,364
2880
I
5,022
0 -
0 -2018 2019 2020 2021 2022 2023 2024 2025
Seriesl
Industrial Development
• In 2023, a development review permit was approved for the Pome Battery Energy Storage System (BESS) site at 13830 Danielson Street. Construction commenced in 2025 and was ongoing throughout the year. The project is expected to be completed before June 30, 2026.
• In August 2024, the City Council approved the Nighthawk Battery Energy Storage System (BESS), located at 13501 Kirkham Way. Construction began on the gen-tie and substation portions of the project site in late September 2024 and continued during 2025. A Commissioning and Decommissioning Plan was submitted in August 2025. Generators to energize the battery units were submitted as a Temporary Use Permit in December 2025. Construction is expected to be completed and operations commencing by mid- 2026, including completion of public improvements and landscaping. • In September 2024, EnviroMine submitted a Reclamation Plan Amendment for the Granite Mine site at 13501 Kirkham Way. Included in the Amendment is the Habitat Restoration Plan, originally approved in 2004, and an Addendum to the existing South Poway -Poway Mine Supplemental Environmental Impact Report. Review is ongoing with completion of the amendment anticipated in 2026.
28 of 40
March 17, 2026, Item #3
600000
531662
500000
400000
300000
200000
100000 76240
I 0
2018 2019
Chart 4
New Industrial Square Footage
2018-2025
76240
I
I 0 0 0
2020 2021 2022 2023
■ Square Feet
342,000
194,612
2024 2025
CAPITAL IMPROVEMENT PROGRAM
Capital improvements, such as roads, drainage facilities, sewer and water lines, treatment plants, infrastructure, and public facility improvements are the framework that supports development.
Their availability plays an important part in determining the pattern of land uses within the community, as well as the direction and intensity of growth. Public facilities, such as police and fire stations, libraries and parks, are important to residents' safety and quality of life. Equally important are the improvements to roads, water lines and reservoirs, sewer lines and drainage systems and other infrastructure systems that implement the goals and policies of the General Plan. The ability to provide these facilities is important to the well-being of the community. Below is a list of the City's Capital Improvement projects staff worked on and/or completed in 2025.
29 of 40
March 17, 2026, Item #3
TRAFFIC/ROADS
2025/2026 Street Overlay
2025/2026 Street Maintenance
2025/2026 Annual Street Striping
Fire Station 2 Overhead Flashing Beacon
Annual Traffic Signal Controller Uoarades
*Neighborhood Sidewalks (Garden Areas)
*Poway Road Safety Improvements -HSIP Grant
2025 Speed Study
SEWER SYSTEM
Butterfield Trail Sewer Upsize
Annual Sewer Line and Manhole Repair/Replace
WATER SYSTEM
-
Clearwell Replacement
Clearwell Bypass
SDCWA Treated Water Connection
Chemical Tank Rehabilitation
*R-4 Reservoir Upgrades
*R-7 Reservoir Upgrades
*Washwater Tank No. 2 Upgrades
Water Treatment Plant Upgrade Filters 1-8
*Water Treatment Plant Security Upgrades
MCC Upgrades (PS-8, PS-9, PS-10, PS-11, PS-12)
DRAINAGE
Community Park Ribbon Drain Assessment and Preliminary Design Rattlesnake Creek Streambank Stabilization Design
Annual Channel Rehabilitation
Annual Trash Capture Program
TRAFFIC/ROADS
30 of 40
March 17, 2026, Item #3
TRAFFIC/ROADS
2025/2026 Street Overlay
2025/2026 Street Maintenance
2025/2026 Annual Street Striping
Fire Station 2 Overhead Flashing Beacon
Annual Traffic Signal Controller Upgrades
*Neighborhood Sidewalks (Garden Areas)
*Poway Road Safety Improvements -HSIP Grant
2025 Speed Study
SEWER SYSTEM
Butterfield Trail Sewer Upsize
Annual Sewer Line and Manhole Repair/Replace
WATER SYSTEM
Clearwell Replacement
Clearwell Bypass
SDCWA Treated Water Connection
Chemical Tank Rehabilitation
*R-4 Reservoir Upgrades
*R-7 Reservoir Upgrades
*Washwater Tank No. 2 Uoarades
Water Treatment Plant Upgrade Filters 1-8
*Water Treatment Plant Security Uoarades
MCC Upgrades (PS-8, PS-9, PS-10, PS-11, PS-12)
DRAINAGE
Community Park Ribbon Drain Assessment and Preliminary Desiqn Rattlesnake Creek Streambank Stabilization Design
Annual Channel Rehabilitation
Attachment: Housing Element Annual Report
31 of 40
March 17, 2026, Item #3
Jurisdiction
Poway
Reporting
Year
2025
(Jan.
1 -
Dec
. 31)
Housing
Element
Planning
Period
6th
Cycle
04/30/2021
-04/30/2029
Building
Permits
Issued
by
Affordability
Summary
Income
Level
Current
Year
Deed
0 Restricted
Acutely
Low
Non-Deed Restricted
0 Deed
0 Restricted
Extremely
Low
Non-Deed Restricted
0 Deed
0 Restricted
Very
Low
Non-Deed Restricted
0 Deed
0 Restricted
Low
Non-Deed Restricted
0 Deed
0 --
Restricted
Moderate
Non-Deed Restricted
0 Above
Moderate
88 Total
Units
88 Units
by
Structure
Type
Entitled
Permitted
Completed
Single-family
Attached
0 0
0 Single-family
Detached
1 52
17 2
to
4 units
per
structure
0 0
1 5+
units
per
structure
0 0
0 Accessory
Dwelling
Unit
0 36
29 Mobile/Manufactured
Home
0 0
0 Total
1 88
47 Infill
Housing
Developments
and
Infill
Units
Permitted
#
of
Projects
Units
Indicated
as
Infill
88 88
Not
Indicated
as
Infill
0 0
32 of
40 ATTACHMENT
B
March 17, 2026, Item #3
Housing Applications Summary
Total Housing Applications Submitted: 80
Number of Proposed Units in All Applications Received: 188 Total Housing Units Approved: 30
Total Housing Units Disapproved: 0
Use of SB 423 Streamlining Provisions -Applications
Number of SB 423 Streamlining Applications 0
Number of SB 423 Streamlining Applications Approved 0
33 of 40
March 17, 2026, Item #3
Units Constructed -SB 423 Streamlining Permits
Income Rental Ownership Total
Acutely Low 0 0 0
Extremely Low 0 0 0
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used -Permitted Units # of Projects Units SB 9 (2021) -Duplex in SF Zone 1 1
SB 9 (2021) -Residential Lot Split 1 1
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 69 84
Discretionary 11 104
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count Programs Implemented 42
Sites Rezoned to Accommodate the RHNA 0
34 of 40
March 17, 2026, Item #3
w
U1
0 ...,
.i:,.
0 Jurisdiction
Renort lnq Year
1 Name of Program
Rehabllltatlon Loans for
Low and Moderate Income
Households(R ehabllltatlo n
Loan Program)
Condominium Conversion
Reaulatlons
Mobile Home Park Zoning
Construction Codes
Nelghbomood
Revltallzatlon
Maintain and Enhance
Resident Services
Capacity Bulldlng for
Nonprofit Housing
Development Corporations
Monitoring Affordable
Housing Projects
Developm enl of
Comprehensive
Maintenance AgrNments
for Affordable Houslr,g
DeveloDments
Development of New
Rental Housing
:
New Affordable Housing
on Parcels with the
Affordable Housing
Overlay zone (AHOZ)
Designation
Powav
2025 !Jan. 1 • Dec. 31l
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance , improvement. and development of housing as identified in the housing element. 2 3 4 5 6 7 8
Projected Completion Status of Program Quantified Outcomes : Quantified Outcomes: Objective Date In Housing Applicable Cycle Implementation Program Implementation Details Category Count Element Resume program If funding becomes 2020-2029 6th Cycle Continuous Resume program If funding becomes avallable . Other 1 available. Addresses Policy A1.
Preserve current rental housing stock. 2020-2029 6th Cycle Continuous Ongoing °'"" 1 Addre sses Polley Al.
Preserve all existing mobile home
spaces In the Moblle Home Park (MHP) 2020-2029 6th Cycle Continuous Ongoing Other 1 zone. Addresses Pollcv AJ.
Ensure a safe, durable housing stock
for Poway and prevent the occupan cy of
substandard dwelllng units. Also
encourage Increased use of energy 2020-2029 6th Cycle Continuous Ongoing 01ho, 1 conservation and olher sustalnable best
practlcH In bultdlng construction.
Addresses Pollcv A1.
Investigate opportunities to link
furthering fair housing efforts to
maximize the revitalization results of 2020-2029 6th Cycle Continuous Resume program If funding becomes availabl e. Other 1 such efforts. Addresses Policies A1, A2,
and C2.
Help Jocal students excel academlcally ,
help youth stay connected with positive
leaders, help adults plan for their future
and achieve flnanclal goals, and help 2020-2029 8th Cycle Continuous Ongoing Other 1 seniors make new fflends and stay
connected. Addresses pollcles A4 and
AS.
The Cltywtll semi-annually refer to the
HCD Program Directory and other
fundlngsources to expand Its potential Grants are no longer avallable from the Housing S~lal Program funding sources and determine the 2020-2029 6th Cycle Continuous Fund because the program no longer exists due to a Departme nt of Othl!:r 1 avallabUlty or fund to provide affordable Finance determlnaHon. Staffwlll search for olhet grant source s to housing and related services to Poway evaluate fund programs. residents, Addresses pollcles A4, B4
and B5.
Assure affordablllty for the longest
feaslbl e time, not less than required by 2020-2029 6th Cycle Continuous Ongoing Other 1 law. Addresses Pollcv A&.
Keep affordable housing developments
In a safe, functional, well-maintained, Conditions or approval require affordable housing sites to be well c:ode,<ompllant state. Addresses Polley 2020-2029 6th Cycle Continuous maintained , Other 1 A6.
There are 712 existing affordable housing rental units In the City. The - Poway Housing Authority Board approved ;m E.clus lve NegotiaUon Assist development of affordable rental Agreement with Wakeland Housing and Developm ent, for the housing units as funding and land Is development of 60 affordable rental units for developmentally ava\lable. The City will annually contact 2020-2029 6th Cycle Continuous disabled adults and mllltary veterans on a slle owned by the Housing 01ho, 1 affordable housing developers to Authority (Monte Vista). Project entitlements and the Affordable discuss opportunities. Addresses Housing Agreement were approved by the City Council and Poway pollcles B4 and B5 Housing Authority Board at the November 19, 202• meeting. The project wlll Included 1, 2,l bedroom units with affordablllty at the low, very low and extremely low Income levels.
Development three AHOZ sites with The Poway Housing Authority board approved an Excluslve affordable housing In accordance with NegoHatlon Agreement with Wakeland Housing and Development, Inc. the ResldenHal Sites Inventory (Tabte4- for the development of 60 affordable rental units for developmentally 5). The Cltywlll annually contact 2020-2029 8th Cycle In Progress dlsabted adutls and mllltary veterans on a sllo owned by the Housing Other 1 ;attordabte h0t1slng developers to Authority (Monte Vista). Project entitlements and the Affordable discuss opportunities . Addresses Housing Agreement were approved by the City council and Poway policies B4 and B5. Housing Authority Board at the November 19, 2024 meeting. l
9 Supporting Documents
None
None
None
None
None
None
None
NORI!:
Nooe
None
None
March 17, 2026, Item #3
w
O'\
0 ....
.i:,.
0 Jurisdiction
Reoortlna Year
1 Name of Program
Mixed Use Development
Standards
lnclus lona,y Housing
Ordinance
Poway Housing Authority
(PHA)
Powav
2025 (Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement , and development of housing as identified in the housing element. 2 3 4 5 6 7 8
Projected Completion Status of Program Quantified Outcomes : Quantified Outcomes : Objective Date In Housing Applicable Cycle Implementation Program Implementation Details Category Count Element In 2017, the Poway Road Corridor S~lnc Plan was adopted which Facllltat e the development of housing on allows for mixed-use development A mixed use development consisting or commerclal space and apartment units Is currently site designated for mixed-use 2020-2029 6th Cycle In Progress under construction (Outpost). Ths project was modlfled In 2021 to Other 1 development Addresses Polley e• and Include 19 addltlonal apartments, nine of which wlll be affordab le to B5. low-Income households. The density Increase was allowed pursuant to State Density Bonus Law.
Continue to collect In-lieu fees to be
used In support of affordable hosulng
projects and programs described In this
chapter , Consider evaluating the City's
lnclus\onary Ordinance with respect to 2020-2029 6th Cycle Continuous funds have been budgeted to study the In Ueu fee amount Other 1 the Palmer/Sixth Street PropertJes vs.
City of Los Angeles ruling requirem ents
on rl!ntal developm ents. Addreuess
policies e, and 88.
Prior to the dlssolutlon or redevelopm ent agencies In California In October 2011, the primary source of affordable housing assistance was the form er Poway Redevelopment Agency. The PHA provides the City l~al authority to continue monitoring ongoing rent and compllance at affordable housing developments and partner with developers to construct and operate affordable housing In Poway.
Pursuant to Health and Safety Code Sections 3'176 and 3'176.1(f) (Dlssolutlon Law), each year the PHA must prepare a report regarding the Low- and Mode,ate-lncome Housing Asset Fund (LMIHAF) which dctalls the Housing Successor's actMUes during the prior flscal year.
To retain, promote, and provid e The PHA assisted the developme nt of two recent affordable hou sing projects (VIiia De Vida and Poway Common s-Apollo affordable housing and maintain 2020-2029 8th Cycle Continuous Apartments). Units 228 reporting. Addresses Polley A6, 84 and In December 2025, the Poway Housing Authority expedited the review B5. and approval of tax-exempt bond financing tor the rehabllltatlon of three existing affordable housing communlUes: Haley Ranch Estates, HIiiside VIiiage, and Park View Terrace. The accelerated approval was necessary to allow bonds to be Issued prior to the expiration of the City's Dlfncult to Develop Area (DOA) designa tion on December 27, 2025, ensuring the project remained ellglbht for a 30 percent basis boost In tax. credit funding totaHng more than S5 mllllon. This addlUonal funding will extend long-term Income affordability and enhance residents' quaUty of life through compreh ensive rehabllltatlon and repairs to 2211 housing units, community faclllttes, and supporting lnfrastrucl\lre.
9 Supporting Documents
None
None
https://porta1.laserfiche.com/Portal/DocVie.,,
March 17, 2026, Item #3
w
-.J
0 .....
.i:,.
0 Jurisdiction
Reoortina Year
1 Name of Program
Zoning Amendments for
Speclal Needs Housing
Provision of Special Needs
Housing
First Time Homebuyer
Assistance Program
l•SHOP\
Home Enhancement Loan
Program (HELP)
Maintain Zoning categories
In the General Plan
Evaluate Community Land
Trusts
Provid e Priority for
Provision of Services to
Lower Income HOl.lseholds
Powav I
2025 /Jan. 1 - Dec. 31) I
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance , impro vement , and development of housing as identified in the housing element. 2 3 4 5 6 7 8
Projected Completion Status of Program Quantlfled Outcomes : Quantlned Outcomes : Objective Date In Housing Applicable Cycle Program Implementation Details Element Implementation Category Count
In 2017, the City Councll approved an amendment to the City's Zoning Ordinance to comply with Senate 8111 (SB) 2 and other speclal needs housing (homeless shelters, transitional and supporttvl!! housing and agrlcultural workers housing). The City's Zoning Code was amended by Ordinance No. 805 to Include definitions for Slngle-Room Occupancy, Supportive Housing, Translllonal Housing , Homeless Shelters and Homeless. The amendment also Identified the Resldentlal Apartment (RA) zone lo be the most appropriate to allow homeless shelters by right Clear objective development standards were also adopted for the establishment of any new homeless To amend the City's zoning shelters. The Code was amended lo add a definition for agrlcultural requir ements for Speclal Needs housing, housing as well as clarify the provision for agricultural worker Low Navigation Barriers, Large housing. The City wlll continue lo comply with State law as It pertains ResldenUal Care Facllltles, Employee to speclal needs housing and amend the Zoning Ordinance as and Agricultural Worker Housing, and 2020-2029 6th Cycle In Progress necessary. This Includes: 1) providing only sufficient parking to Other 1 Emergency Shelters as appllcable accommodate all staff working In an emergency shelter, provided that consistent with State law, lncludlng the standards do not require morl!! parking for emergency shelters compliance with AB 139, AB 2162, and than other residential or commerclal uses within the same zone; 2) AB 101. Addresses Polley 84. allowing residential care facllltles with six or less residents to be constructed In the RR-A through C, RS-1, RS-2, RS-3 RS-4, and RS-7 zones without a Condltlonal Use Permit and Include objective standards and decision making procedures; 3) allowlng agrlcultural worker housing to be constructed without Condltlonal Use Permits and clarity the types of non-commerclal agrlcultural activities allowable In the slngle-famlly zones as accessory uses; and 4) allowing employee housing for sb: or fewer persons to be treated as a resldentlal use and subject to rl!gulatlons that apply to other resldentlal dwellings
of the same type Jn the same zone.
The City wlll seek opportunities for
providing housing for speclal needs as A DDLA was approved by the Housing Authority In Fall 2016 to allow new opportunllles for housing Mercy Housing Callfomla and VIiia de Vida. to construct a 54..unlt development arise. The City wlll semi- affordable housing development for adults with developmental annually refer to !he HCD Program dlsablUlles. Construction began In 2020 and was completed In 2022.
Directory to expand Its potl!!nllal funding A semi.annual review of In August 2022, the Poway Housing Authority Board approved an sources and determine !he avallablllty of the HCD Program 6th Cycle In Progress Exclusive Nl!Qotlatlng Rights Agreement with Wakeland Housing and Other 1 funding that may assist wlth the Directory 2020-2029 Development, Inc. tor the development of 60 affordable rental units for lmplementatlon of housing programs. developmentally di sabled adults and military veterans on a site owned Provide Emergency Shelters, maintain by the Housing Authority {Monte Vista). Project entitl ements and the Speclal Needs housing units, and ensure Affordable Housing Agreement were approved by the City Council and provision for Agricultural Worker Poway Housing Authority Board at the No\lember 19, 2024 meeting.
Housing. Addresses Polley 84.
Assist existing Program paritlclpants The future of potential new loans Is uncertain as funding wlll be with loan servicing and resale process . 2020-2029 6th Cycle Continuous llmlted. Existing loans wlll be reissued as participating households are Other 1 Addresses Polle" A7. sold to new lncome-c:iuallfled homebuvers.
Assist with rehabllltatlon of existing
home acquired with City assistance. 2020-2029 6th Cycle Continuous The future of potential new loans is uncertain as funding wm be limited. Other 1 Addresses Polle" A 1,
Encourage diversity of development to
serve as many types of residents as
posslble whlle minimizing land.use 2020-2029 6th Cycle Continuous Ongoing Other 1 related conm c. Addresses Polley 81
and 84.
Evaluate options for use of community
land trust model. Addresses Polley 81 2020-2029 6th Cycle Not Yet Started Not yet started Other and 84.
Coordinate with Poway's Publlc Works
Department to ensure service priority to Ongoing. The City wlll Include potential attordable housing sites Into potential affordabl e housing 2020-2029 61h Cycle Continuous tulure water, sewer and draina ge studies. Other 1 development Addresses Polley 82 and
B4.
9 Supporting Documents
None
None
None
None
None
None
None
March 17, 2026, Item #3
w
00 0 ....
.i::,.
0 Jurisdiction
Reoortina Year
1 Name of Program
Enforce City Codes,
Geneal Plan Pollcles, and
Zoning RegulaUons
Monitor Ordinances, User
Chage.s and Fees
Updat e the Poway
Municipal Code to Comply
with current Density Bonus
law, lncludlng Assembly
B11123'5
Publlc Outreach and
Education
Transl l-Orfented Projl!CIS
Provision or Housing tor
Extremely-Low Income
Households
Provision of No Net Loss
(Government Code Section
65863)
Preserve Potentlal At-Risk
Housing Units
Powav
2025 /Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance , improvement, and development of housing as identified in the housing element. 2 3 4 5 6 7 8
Projected Compl eti on Status of Program Quantified Outcomes : Quantifled Outcomes: Objective Date In Housing Applicable Cycle Program Implementation Details Element Implementation Category Count
The 534.inlt Villa de Vida affordable housing project that was approved In 2017 exhibits a hlgh-quallty design wllh a Spanish Colonlal Rev]val architectural style with architectural detailing tha, Is comparabl e to a market-rate development The project Is also located adjacent to Poway Creek and was des'9ned to avoid any slgnlncant Impacts to Ensure high quallty design and the creek. Construction was completed In 2021, Also, the Poway contrucllon and design compaUblllty Commons project Includes the development of a •l-unlt senior with surrounding for new affordable 2020-2029 6th Cycle Continuous affordable apartment building (one market-rate manager unit) that Units 96 housing developm enls. Address Polk:y was approved In 2019 with similar design quallty that of a market-rate 81 development ConstrucUon t>e11an In 2020 and was comp leted In 2022, The Monte Vista affordable housing deveSopment, for which project enUUements and the Affordable Housing Agreement were approved by the City Councll and Poway Housing Authority Board at the November 19, 202 ◄ meeting, wlll be built over a subterranean parking garage and has a large open space area with many amenities for residents.
Ensure unnecessary and/or
Inappropriate nnanclal and/or regulatory
constraints do not hamper the
development of housing, especlally
affordable housing , In Poway , Ensure Annual Review, 2020-2029 6th Cycle Continuous Ongoing Other 1 that funds collected through charges and fees are appropriate and sufficient
to fund City activities supported by
these charges and fees. Addresses
Polk:ve• .
Amend the City's Munclpal Code to Amend the City's Munclpal ensure It compiles with state law Code within 12 months of Ongoing , The City has engaged a consultant to assist with Code regarding density bonus. Addresses adopllon o1 the Housing 6th Cycle In Progress updates. With the continued updates to State Density Bonus law the Other 1 Polley 81, BJ and 84. Element City update Its density Bonus ordinance as needed.
Raise publlc awareness or and public As funding Is available, the City will continue to work with Its non - support for affordable housing. 2020-2029 &th Cycle In Progress profit partners to conduct a publle outreach and education program 011,., 1 Addresses Pollcles B2 and B6. that engages local housing developers and the btlslness community.
City wlll evaluate options to Implement this provision . Work Is completed on the Poway Road Corridor Study that evaluated and Promot e transit-oriented developm ent, updated land use policies for resk1entlal and non.resldentlal properti es Increase transit servtce, and encourage along Poway Road, the main transit corridor within the City and mobililty corridors and hubs In Poway 2020-2029 6th Cycle ContintJOUS reduces vehlcles mlles traveled furthering sustalnable communlUes Other 1 and along Scripps Poway and SR-&7. strategies. Comments on the Regional Transportati on Plan, the San Addresses policies B-4. Vicente SR-67 corridor study, and related plans Included adding transit stops and a multi-use corridor along Scripps Poway Parkway and portions or the SR-67, The current San Vicente SR-67 corridor study propose s these Improvements.
Outreach to developers on at least an Outreach to developers on at least an annual basls;As funding annual basis; As funding becom es becomes available, apply for or support appllcatlons for fund ing on an available, apply for or support ongoing basis: Review and prforllf ze local funding at least twice In the appllcalfons for funding onan ongoing 2020-2029 6th Cycle Continuous planning period . Seven ol the units ln the VIiia de Vida affordable Other 1 basi s; Review and prioritize local apartment project are reserved for u:tremely-low Income households. funding at least twice ln the plannlng Construction was compleled for this project In 2021. At the proposed period. Address es policies B2, B3, e,, Monte Vista development. 18 unll s will be reserved for extremely-low es. and e&. Income households .
Monitor and evaluat e No Net Loss
requirements per State law. The The City replaces affordable sites that do not reallze their run ResldenUa1 SIies Inventory 11st wlll be affordable housing allocatlon from the Affordable Sites Inventory 11st updated, as a part of the annual Housing Annualy, 2020-2029 6th Cycle Continuous with sites ldentlned In the Poway Road Speclflc Plan that have the Other 1 Element Progress Report, with new sites potentlal to replace this shortfall which Implements Government Code to accommodate any shortfall. Section 65863. The City has contracted with Rincon Consultants to Addresses polkles B2 complet e an Inventory update which Is currently In progress . and e,.
Monitor and evaluate potentlal Al-Risk
housing units, coordinate with existing
property owners, seek assistance from
non-profit entitles capable of assisting 2020-2029 6th Cycle Continuous Within the 2020-2029 Nat-risk· housing analysis period, no properties Other 1 with preserving At-Risk affordable are consid ered at.risk of converting to market-rate housing . housing units and Identify funding as It
becomes available . Addresses pollcles
A1, A2, and Al.
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Supporting Documents I
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March 17, 2026, Item #3
w
1.0 0 ....
.::,.
0 Jurisdiction
Reporting Year
1 Name of Program
Monllor and Evaluate
AHOZ Ordinance
Development Standards
Update Public Safety
Element to Ensure
Consistency with the
Adopted
Housing Element
Implementation of SB35
Permit Streamllnlng
Process for New
Affordable
Houslno
Objec:lfve Design
Standards
Adopt Development
Standards for Parking,
Open Space, and
Rec:reallonal
Areas In Floodways
Parking Requirements
Accessory Dwelling Units
Provide Information on
Fair Housing In Quarterly
Newsletter
Obtain and Distribute
Fl)'t!rs on Fair Housing
from San Diego County
Obtain and Dlsplay
Posters on Fair Housing
from the State of
Callfomla
Include Antl-Dlscrfmlnatlon
Clauses In Deed
Restrictions for
Affordable Housing
Continue to Assist In
Addressing Fair Housing
OuesUons
Powav
2025 (Jan. 1 - Dec. 31l
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
-
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified ln the housing element. 2 3 4 5 6 7 8
Projected Completlon Status or Program Quantified Outcomes: Quantified Outcomes: Objective Date In Housing Applicable Cycle Implementation Program Implementation Details Category Count Element To provide adequat e slles for affordable housing development and to Monitor development of AHOZ ensure that any Increased denslUH allowed are used for the provision properti es and AHOZ development of affordab$e housing. An AHOZ was establlshed In the Zoning Code standards and OR procedures for for Low Income IAH-L) and Moderate Income IAH-M) households . This conslslency. If necessary, amend AHOZ Included providing nnlble development standards that wlll allow the General Plan guidelines and Munlclpal Annually, 2020-2029 6th Cycle Continuous densities up to 30 dwelllng units per acre. Placement of an AHOZ Other 1 Code regulatlons. Provide analysis and designation was completed In 2012 on silt 161 publlcly-owned sites, evaluatlon of program to HCD In General three of which remain In the Residential Sites Inventory for the Plan Annual ReporL Addresses pollcles provision of affordable housing. Waivers or reduced standards , 81, 82, BJ, and B4. Incentives and concessions may also be applied to AHOZ sites and shall be consistent with density bonus provisions. A program Is added to update the PMC consistent with currl!nl Stale Density Bonus law.
To update the Public Safety Element of Amend the City's General the General Plan so that II Is consistent Plan and Munlclpal Code A consultant has been hired to assist with complellng the Public with State law and address wlldMre risks within one year of 6th Cycle In Progress Safety Element Update. The City expects to complete the update In Other 1 and other hazards to the community. adoption ct the Housing 2026 Addresses pollcles A1, A6, and B1. Element
Adopt procedures tor processing of new
affordable housing projects that are W'lthln one year of the adoption the Housing 6th Cycle Continuous Ongoing. The City wiD update as required. Other \ quallfled for SB 35 streamllnlng. Element update . Addresses Pollcles B2 and Bl.
Amend the City's Genl!ral Plan and
Munlclpal Code lo establish Amend the City's General Ongoing.The City has engaged a consultant to assist wtth evaluation objective design standards for Plan and Munlclpal Code affordable housing projects where the within one year 6th Cycle Continuous of updates to objective design standards. Genl!ral Plan and Munlclpal Other \ City's discretion over design review Is of adoption of the Housing Code Includes objec:tlve design standards , The City will update as prHmpted by Stale law. Addresses Elemenl nel!ded.
Polleles B1.
Amend the Munlclpal Code and, if Aml!nd the Munlclpa1 Code necessary, the General Plan to adopt and, If necessary , the standards for parking, open space, and General Plan recreational areas ln the Floodway to within three years of 6th Cycle Not Yet Started The City will update as requlrl!d. Olher \ provide more usable land and open adoption of the Housing space tor resldenllal developmenl Elemenl Addresses Pollcles B1, B2, and 84.
To reduce constraints to housing Ongoing. The Poway Road Speclfc Plan Includes parking reductions Annual Review, 2020-2029 6th Cycle Continuous for housing developments. The General Plan and Munlclp:1I Code will Other \ development be updated to reduce parking requirements as needed.
Facllltate the construction of 19 ADUs Annual Review, 2020-2029 6th Cycle Continuous Ongoing. The City Issued 36 building permits for ADUs In 2025. The Other \ annuallv lmlnlmuml Cltv wlll continue to monitor ADU oermlttlna and construction .
Make Poway residents aware of lhese The City will Include an article In at least one of the City e-newsletters Issues, laws, and available services for Annual Review, 2020-2029 6th Cycle Continuous per year providing Information concerning housing discrimination , Olher 1 fair housing . Addresses pol\cles C1 and C2. Fair Housing law and available assistance .
Promote the awareness of the services Promote the awareness of the services and laws discussed by the Ongoing, 2020-2029 6th Cycle Continuous and laws discussed by the posters . Addresses policies C1 and C2. Other \ posters . Addresses policies C1 and C2.
Promote the awareness of the services
and laws discussed by the Ongoing, 2020-2029 6th Cycle Continuous The City wlll request posters from the California Fair Housing and Olher \ Employment display them In approprlatl! \ocaUons In publlc buildings. posters. Addresses pollcles C1 and C2 Dt!ed Reslllctlons tor Affordable
HouslngEnsure a legal City mechanism In all deed restrictions required of affordable housing developments, tor complalnts against housing 2020-2029 6th Cycle Continuo1JS the City wlll require Inclusion of an anti-discrimination cl:1use. Other \ dlscrfmlnaUon In deed transactions.
Addresses Potlcv C1.
Promote knowledge or Fair Housing law Ongoing. The City will continue to asslsl wtth Fair Housing questions and services and ensure Poway wht!n posslble and refer questions to olht!r agencies as appropriate. residents have access to appropriate 2020-2029 6th Cycle Continuous The City wlll also provide this Information on Its website to gain Other \ Fair Housing services. Addresses Polley additional public outreach. C2.
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Supporting Documents I
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None
None
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None
None
None
None
None
None
None
March 17, 2026, Item #3
.i:,.
0 0 ....
.i:,.
0 Jurisdiction
Reporting Year
1 Name of Program
Reduce lm~lments to
Furthering Fair Housing
Poway I
2025 (Jan. 1 - Dec. 31) I
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
-
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance , improvement , and development of housing as identified in the housing element. 2 3 4 5 6 7 8
Projected Completion Status of Program Quantified Outcomes : Quantified Outcomes : Objective Date In Housing Applicable Cycle Implementation Program Implementation Details Category Count Element Ongoing. The City wm conUnue to monitor Program 33 and update the General Plan and Munlclpal Code as needtd. Every three years, To ensure that Poway has an monitor race and ethnicity demographics and locations of new environment where housing housing unlls as a pa.rt or the annual program report to ensure actions and trends continue to reduce the disparity (2023, 2026, and 2029 opportunities are fair for all raclal, 2020-2029 6th Cycle Continuous Housing Element Annual Progress Reports). The City will continue to Otho, '
ethnic, soclal, and economic groups and encourage Ca.1trans and SANDAG to Improve the Scripps further fair housing pursuant to AB 6156. PowayParkway (Tier 3 Employm ent Center) and SR-67 corridors as Addr esses Pollcles C1-CS. mulll -modal corridors with translL The City will continue to encourage the Slate and Federal governments to reduce lm~lments to furthering fair housing.
9 Supporting Documents
None
March 17, 2026, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
March 17, 2026
Honorable Mayor and Members of the City Cou~f j
Eric Heidemann, Director of Public Works 4'tl\
CITY COUNCIL
Stephen Jackson, Assistant Director of Public Works for Maintenance Operations _..,~i (858) 668-4705 or [email protected] Vif
Award of Agreement to Weatherproofing Technologies, Inc. for Public Facilities Renovation Fire Station 2 Roofing Replacement and Appropriation of Funds An informal request for quotes for Public Facilities Renovation Fire Station 2 Roofing Replacement was requested on September 5, 2025, by the City of Poway (City). The City participates in California Uniform Public Construction Cost Accounting Act (CUPCCAA) which allows informal bidding procedures for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide quotes for the Fire Station 2 Roofing Replacement. Three (3) quotes were received and reviewed by staff. Staff determined Weatherproofing Technologies, Inc. to be qualified to provide these services at the best value to the City.
Recommended Action:
It is recommended the City Council:
1) Award the Agreement for Public Facilities Renovation Fire Station 2 Roofing Replacement to Weatherproofing Technologies, Inc. in the amount of $121,621.51; 2) Authorize an appropriation of $7,879.63 from the Capital Replacement-Building Fund 6170; and 3) Authorize the City Manager to execute the necessary documents.
Discussion:
As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure. During the Fiscal Year (FY) 2025-26 budget process, funds were allocated to Public Facilities Renovation General Maintenance (MN081 ). It was determined a portion of the funds would be utilized for the Fire Station 2 Roofing Replacement project. MN081 provides partial funding for this project, and the remaining cost will be covered through the requested appropriation of funds.
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March 17, 2026, Item #4
The roof at Fire Station 2 has reached the end of its useful life and is showing significant wear.
Replacement of the roof is necessary to maintain full operational readiness, protect critical infrastructure, and minimize the risk of emergency repairs that could disrupt essential fire services.
Installing a new roof will also improve energy efficiency and extend the overall lifespan of the facility.
Three (3) quotes were received and reviewed by staff. Staff determined Weatherproofing Technologies, Inc. to be qualified to provide these services and presented the best overall value to the City. A summary of the quotes received is listed in table 1 below:
Table 1:
Vendor Quote
Weatherproofing Technologies, Inc. $121,621.51
Paramount Waterproofing & Restoration $128,850
Fordyce Construction $129,250
Copies of all quotes are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The Public Facilities Renovation Project MN081 includes $121,621.51 for Fire Station 2 Roofing .
Replacement. There is a funding shortfall of $7,879.63 in MN081 to award this Agreement at the recommended amount; therefore, an appropriation of a like amount is being recommended from the Capital Replacement -Building Fund 6170. The City proactively plans for facility repair and replacement services as part of the budget development process.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/ Approved By:
Assistant City Manager
2 of25
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
March 17, 2026, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 18th day of March, 2026, by and between the CITY OF POWAY (hereinafter referred to as "City") and Weatherproofing Technologies, Inc. ("the Contractor").
RECITALS
WHEREAS, City desires to obtain the services for providing Public Facilities Renovation Fire Station 2 Roofing Replacement;
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 3 of25 ATTATCHMENT A
March 17, 2026, Item #4
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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March 17, 2026, Item #4
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:
5 of25
(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; and
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.
March 17, 2026, Item #4
DISCLOSURE DETERMINATION:
[gl 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.
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March 17, 2026, Item #4
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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March 17, 2026, Item #4
(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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March 17, 2026, Item #4
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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March 17, 2026, Item #4
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)
10 of
25 March 17, 2026, Item #4
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.
CITY
OF
POWAY
By:-----------
Chris
Hazeltine,
City
Manager
ATTEST: Carrie
Gallagher,
City
Clerk
APPROVED
AS
TO
FORM:
By:-----------
Alan
Fenstermacher,
City
Attorney
11 of
25 WEATHERPROOFING
TECHNOLOGIES,
INC.
By:------------
Aaron
Nestor,
Construction
Manager
March 17, 2026, Item #4
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
A.
Scope
of
Services.
Contractor
agrees
to
perform
Fire
Station
2 Roofing
Replacement
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
September
11,
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
(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.
C.
Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
March
18,
2026,
and
ending
March
17,
2027,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
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
12 of25
March 17, 2026, Item #4
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."
(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.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
13 of25
March 17, 2026, Item #4
14 of 25
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Weatherproofing Technologies, Inc.
30590 Alicante Dr.
Homeland CA, 92548
(Remainder of page intentionally left blank)
March 17, 2026, Item #4
A TT AC HM ENT 1
i h Perfor 1 nc Roofing, Building Envelopes an nstruction erv1ee - Roofing Cost Estimate
~wti
OMNIA
P A R T N E R S
Project: #5069871 CITY OF POWAY
3735 GREEN ROAD~CHWOOD, OHIO 44122 I 888.657. 7752 I TR.Efl/lCOROOFING.CCM I Vim 1S AN Affil.IATEOFTREfl/lCO CPG INCORPORATED March 17, 2026, Item #4
Date: 9/11/2025
CITY OF POWAY-FIRE DEPT-FIRE STATION 2 ROOF REPLACEMENT Dear Lucinda Hoe,
The following is our cost estimate for the roofing services at 16912 Westling Court, Poway CA, 92064.
PROPOSED SCOPE OF WORK
• Safety set up and mobilize.
• Existing roof removal to deck.
• Install new Tremco SA underlayment.
• Install new Land Pro Solaris MD Resawn Shake Shingles. • Remove all job-related debris from site.
CLAIRIFCATIONS
• This project is based on prevailing wage rates.
• This project is based on straight time, Monday-Friday. • Wood repairs will be verified in the field for customer approval and will be charged on a time & material basis.
2 16 of 25
March 17, 2026, Item #4
PROPOSED FEES:
Total Project Cost: ..................................................................... $121,621.51 Sincerely,
Aaron Nestor
Construction Manager -Asset Management
Weatherproofing Technologies, Inc.
Part of Tremco Construction Products Group
M. 440.213.2356
[email protected]
3735 Green Road, Beachwood, OH 44122
www.tremcoroofing.com
cc: Curtis Bell -Tremco
Dave Groshans -WTI
COST ESTIMATE AGREEMENT
This cost estimate is an offer by WTI to provide the Scope of Work set forth above to the Customer on the terms and conditions set forth herein and in WTl's standard terms and conditions (a copy of which may be obtained at http://www.tremcoroofing.com/fileshare/terms/TandCWTI.pdf), which are hereby incorporated by reference (together, the "Terms and Conditions"). The Terms and Conditions will govern the Work to the exclusion of any other or different terms, including in any customer purchase order, unless otherwise expressly agreed in writing pursuant to a Master Agreement or similar contract with Customer signed by an authorized representative of WTI.
Any Performance and Payment Bonds issued for associated repair work are limited to the performance of the repairs and one year warranty on such repairs. Bonds, if issued, do not apply to the TremCare extended service agreement.
Please confirm your acceptance by return e-mail to the representative identified below. Upon receipt of acceptance, WTI will process your order and promptly begin the Scope of Work. 3 17 of25
March 17, 2026, Item #4
I I
OMNIA TREmco
ROOFING & BUILDING MAINTENANCE p A R T N E R s
WEATHERPROOFING TECHNOLOGIES, INC.
~wti
CPN CONTRACT# R230404-CA-321415
Effective Date: 11/01/2023
CONFIDENTIAL
Name CITY OF POWAY
Description FIRE DEPT-FIRE STATION 2 ROOF REPL
Quote# 5069871
Date 9/2/2025
This price is valid for 60 days. After that time, project conditions are subject to reassessment.
Line Item# Description Unit of Measure Unit Price Quantitv Proiect Amount 56 Labor Rate for Roofer (Mobilization & Demobilization) Hour $ 173.26 20 $ 3,465.20 8 Self-adhering ice and water shield membrane for shingles, tiles, metal SF $ 2.55 6,109 $ 15,577.95 waterways, penetrations, valleys, ridges, edges, etc. 6 Shingles, fiberglass, Class A, 30-year, premium laminated multilayered SF $ 2.44 6,109 $ 14,905.96 1 Remove composition shingles and felts to decking SF $ 1.16 6,109 $ 7,086.44 VA77 Sweep loose aggregate, debris from Substrate SF $ 0.49 6,109 $ 2,993.41 VA211 Installer (Flashing) Hour $ 187.11 10 $ 1,871.10
VA211 Installer (Install new custom made cap metal) Hour $ 187.11 30 $ 5,613.30 SUBTOTAL $ 51,513.36
VA117 Multiplier -roof size is greater than 3K SF; but less than 7K SF Multiplier 1.73 $ 51,513.36 $ 89,118.11 47g Difficult access or fall restriction; surcharge % 15% $ 51,513.36 $ 7,727.00 Custom Sheet Metal $ 400.00
VA123 Multiplier -Construction Distributor Material for Repair Work Multiplier 1.15 $ 400.00 $ 460.00 48d Multiplier/factor to be applied to the RS. Means costs. % 93% $ 19,745.00 $ 18,362.85 VA208 Building/Construction Manager Hour $ 218.76 25 $ 5,469.00 FREIGHT PREPAID & ADD: NIA
SUBTOTAL$ 121,136.97
57b Performance and payment bond -bonding rate (percent of project) % 0.4% $ 484.55 TOTAL PROJECT COST $ 121,621.51
'The prtcing contained in this proposal is based in part on site-specific conditions and unique circumstances presented on each individual project as per Contract #R230404.
18 of 25
March 17, 2026, Item #4
...
ID
0 ...
N u,
Cost Estimate Report
5069871-CITY OF POWAY-FIRE DEPT-FIR
Year 2025 Quarter 3
Unit Detail Report
Prepared By: Anna Wang
LineNumber
Division 01 General Requirements
015416500100
WTI
Description
Forklift crew, all-terrain forklift, 45' lift, 35' reach, 9000 lb. capacity, weekly use
Division 01 General Requirements Subtotal
Division 02
024119190840
Existing Conditions
Selective demolition, rubbish handling, dumpster, 40 C.Y., 10 ton capacity, weekly rental, indudes one dump per week, cost to be added to demolition cost
Division 02 Existing Conditions Subtotal
RS Means data
from Ga}ACIAN "
Quantity
2.00 2.00
Date: 09/09/2025
Unit Total Incl. O&P Ext. Total Incl. O&P
Week $9,022.50 $18,045.00
$18,045.00
Week $850.00 $1,700.00
$1,700.00
March 17, 2026, Item #4
LineNumber Description Quantity Unit Total Incl, O&P Ext. Total Incl, O&P Subtotal $19,74S,00
General Contractor's Markup on Subs 0,00% $0,00
N---------------------------------------------------------------------- - 0 O Subtotal
.... Cl General Conditions
Subtotal
General Contractor's Overhead and Profit
Grand Total
RS Means data
frcm G~ ADIAN '
0.00%
0,00%
$19,74S,00
$0,00
--
$19,745.00
$0,00
$19,745.00
2 March 17, 2026, Item #4
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
I General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California
Public
Employees'
Pension
Reform
Act
of
2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a
pension
benefit
from
a
public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not serve,
be
employed
by,
or
be
employed
through
a
contract
directly
by,
a
public employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section.
(c)
A
person
who
retires
from
a
public
employer
may
serve
without
reinstatement
from
retirement
or loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a
public
employer
either
during
an
emergency
to
prevent stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
(d)
Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a
total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system
. The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
21 of25
(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
March 17, 2026, Item #4
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
receIvmg
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:
22 of25
(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.
March 17, 2026, Item #4
(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).
23 of25
March 17, 2026, Item #4
GUARANTY
To
the
City
of
Poway,
City
Council,
for:
PUBLIC
FACILITIES
RENOVATION
FIRE
STATION
2 ROOFING
REPLACEMENT
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
24 of25
March 17, 2026, Item #4
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."
25 of25
March 17, 2026, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
March 17, 2026
Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance @.__
Brad Rosen, Assistant Director of Finance Operations t ~ (858) 668-4452 or [email protected]
CITY COUNCIL
Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the Purchase and Installation of an Electronic Security System at City Hall, Council Chambers, and Fire Station One
The existing camera security system at City Hall is limited to the main lobby and has outlived its useful life. Additionally, no security cameras currently exist for other areas of the City Hall campus including the Council Chambers and Fire Station One. The electronic security system upgrade project involves the replacement of the existing City Hall security camera system and installation of a total of 45 cameras that will be integrated into the City's existing enterprise level security control system utilized at other City facilities. The proposed system will enhance visibility within and around City Hall, Council Chambers, and Fire Station One to improve security at these sites.
Recommended Action:
It is recommended the City Council award the contract for the City Hall Campus and Fire Station One Security Upgrades project to Convergint Technologies, LLC in the amount of $155,657.33 and authorize the City Manager to execute the agreement (Attachment A) and related documents.
Discussion:
The City Hall Campus and Fire Station One security upgrades project includes the replacement of an existing basic security camera system that monitors the City Hall lobby. The existing camera system has outlived its useful life and the City identified the need to enhance security at these sites. The City worked with the Department of Homeland Security to survey the sites and develop a recommended design for surveillance of the facilities. A Request for Proposals (RFP) #26-007 was issued on December 16, 2025, and a site walk with prospective vendors was completed on January 7, 2026. Seven proposals were received by the submission deadline of January 29, 2026.
The seven proposals were evaluated and ranked based on the four criteria as outlined in the RFP 1 of25
March 17, 2026, Item #5
which
included
the
quality
of
the
solution
proposed,
experience,
staff,
and
total
price
including
hardware,
installation,
software
licensing,
freight
and
sales
tax.
The
evaluation
team
is
recommending
the
selection
of
Convergint
Technologies,
LLC
based
on
these
criteria.
Convergint
Technologies
has
successfully
completed
similar
security
system
projects
with
the
San
Diego
County
Sheriffs
Office,
over
25 Cities
in
California
and
in
2025
completed
the
City
of
Poway
Lester
J.
Berglund
Water
Treatment
Plant
security
upgrade
project.
It
is
recommended
the
City
enter
into
an
agreement
with
Convergint
Technologies,
LLC
for
purchase
and
installation
of
an
electronic
security
system
at
City
Hall,
Council
Chambers,
and
Fire
Station
One
and
include
a
10%
contingency
for
any
unanticipated
wiring
and
conduit
changes.
The
project
scope
includes
removing
the
existing
security
cameras
and
installing
new
Axis
cameras,
conduit,
and
network
cabling
to
support
the
expanded
security
system.
The
proposal
includes
all
required
security
platform
software
licensing
. The
original
design
as
outlined
in
the
RFP
included
44 cameras
covering
both
indoor
and
outdoor
public
areas.
Convergint
recommended
a
45 camera
solution
which
includes
slight
changes
to
locations
to
provide
optimal
coverage
of
public
areas
for
the
three
facilities
to
avoid
obstacles
like
posts/columns
that
would
obstruct
views.
The
proposed
system
will
be
integrated
into
the
City's
existing
unified
security
platform
which
provides
greater
physical
protection
with
real-time
event
monitoring
and
advanced
intelligence
of
the
captured
video.
Additionally,
the
security
platform
is
utilized
by
the
San
Diego
County
Sheriffs
Office
and
implementation
will
facilitate
the
ability
to
provide
secure
access-controlled
data
to
Sheriffs
Office
staff
if
needed.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
cost
of
the
security
system
project
is
$155,657.33.
In
addition,
a
10%
contingency
for
unforeseen
costs
in
the
amount
of
$15,565
brings
the
total
project
budget
to
$171,222.33.
There
is
sufficient
funding
available
in
the
Workplace
Safety
Facility
Improvement
Project
account
(MN055)
to
fund
the
contract
plus
contingency.
Public
Notification:
None. Attachments: A.
Standard
Agreement
for
Services:
Convergint
Technologies,
LLC
Reviewed/
Approved
By:
Assistant
City
Manager
2 of25
Reviewed
By:
Alan
Fenstermacher
City
Attorney
App
~
Chris
Hazeltine
City
Manager
March 17, 2026, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 18th day of March, 2026, by and between the CITY OF POWAY (hereinafter referred to as "City") and Convergint Technologies LLC (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform Electronic Security Implementation for the City Hall Campus and Fire Station One Security Upgrade Project; WHEREAS, Consultant is a technology and systems integrator consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT 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 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. 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. 3 of 25
Confidential Relationship.
1 ATTACHMENT A
March 17, 2026, Item #5
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 prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
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. 2 4 of 25
March 17, 2026, Item #5
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(8) 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:
t8J 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.
Craig Schmollinger, Director of Finance
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.
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) 3 5 of 25
March 17, 2026, Item #5
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 a 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.
(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.
4 6 of25
March 17, 2026, Item #5
(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.
(h) TO THE FULLEST EXTENT ALLOWED BY LAW, NOTWITHSTANDING
ANYTHING IN THE AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER
CONSULTANT OR CITY BE LIABLE TO THE OTHER PARTY HERETO OR TO ANY
INDEMNITEE FOR SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO COMMERCIAL LOSS, LOSS OF USE OR
LOST PROFITS (WHETHER AS A DIRECT OR CONSEQUENTIAL DAMAGE), EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION
SET FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHER THEORY."
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 damagewhich may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
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.
5 7 of25
March 17, 2026, Item #5
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 Poway 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 telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
6 8 of 25
March 17, 2026, Item #5
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.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City.
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.
26. In the event that Consultant discovers or suspects the presence of hazardous materials at City's facility where the Work is to be performed, Consultant is entitled to stop the Work at that facility if such hazardous materials were not introduced to the site by Consultant.
Consultant in its sole discretion shall determine when it is "safe" to return to perform the Work at City's facility. Consultant shall have no responsibility for the discovery, presence, handling, removing, remediating or disposal of or exposure of persons to hazardous materials in any form at the City's facility. City shall indemnify and hold harmless Consultant from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials at City's facility.
27. City acknowledges that Consultant is not collecting or processing any biometric information under this Agreement although the products (including embedded software) provided by Consultant are capable of collecting biometric information. City agrees and will comply with any and all applicable local, state or federal laws, ordinances, rules or regulations (collectively, "Laws") with respect to collecting biometric information using the products provided under this Agreement. City will defend, indemnify and hold Consultant harmless from and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to City's collection of biometric information. (Remainder of page intentionally left blank)
7 9 of25
March 17, 2026, Item #5
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date first
above
written.
CITY
OF
POWAY
By
: __________
_
Chris
Hazeltine,
City
Manager
Date:
__________
_
ATTEST: Carrie
Gallagher
, CMC,
City
Clerk
APPROVED
AS
TO
FORM:
By:
___________
_
Alan
Fenstermacher,
City
Attorney
10 of
25 CONVERGINT
TECHNOLOGIES,
LLC
By:
__________
_
Kim
Fearno,
Regional
Vice
President
Date:
___________
_
8 March 17, 2026, Item #5
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the purchase or security cameras and software and installation services further described in the Scope of Services submitted with the proposal dated February 25, 2026, 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.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the fee proposal submitted with the proposal dated February 25, 2026, which is included in this document as Attachment 1. Total fee is not to exceed $155,657.33. Change orders for this project above the approved agreement amount must be submitted in writing and require City Manager approval. 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.
C. Term of Agreement.
This Agreement shall be effective from the period commencing March 18, 2026, and ending June 30, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one year periods upon approval in writing of the City Manager and Consultant. 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.
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. 1 11 of 25
March 17, 2026, Item #5
(d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
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.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
2 12 of 25
City of Poway
P.O. Box 789
Poway, CA 92074
Jasper Bruinzeel
Convergint Technologies, LLC
7323 Engineer Rd
San Diego, CA 92111
With copy to:
[email protected]
March 17, 2026, Item #5
EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California
Public
Employees'
Pension
Reform
Act
of
2013
§ 7522.56.
Provisions applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section
.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by,
a public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section. (c)
A
person
who
retires
from
a public
employer
may
serve
without reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
( d)Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system
. The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
urider
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
13 of
25 (l)Notwithstanding
subdivision
(c),
any
retired
person
shall
not be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
1 March 17, 2026, Item #5
Cal Gov Code§ 7522.56
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:
14 of 25
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and • approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 March 17, 2026, Item #5
Cal Gov Code§ 7522.56
(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 2 4 214, 2 4 214. 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)(l) 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).
3 15 of 25
March 17, 2026, Item #5
convergjnt
February 25, 2026
City of Poway ("Customer" or "You")
Poway City Hall
ATTACHMENT 1
7323 Engineer Rd., San Diego, California 92111
Phone Mobile (760) 27 4-4214
[email protected]
Quotation: JB12902214P
RFP#:
14521 Lake Poway Rd Poway, California 92064
Attention: Brad Rosen
License/Cert C-10 -#986407
Reference: RFP# 26-007 -City Hall and Fire Station -Opt 2 System ID: GSC-230717-655310 (Jan. 1 2026 ~ Dec. 31 2026) On behalf of Convergint's global network of colleagues, I would like to personally thank you for providing Convergint with the opportunity to present this proposal addressing your electronic security needs.
Convergint's reputation for service excellence is backed by a foundational commitment to our core value of service, and we have been recognized as the #1 Systems Integrator by SDM Magazine. This recognition reflects the strong relationships Convergint has developed with the industry's top technology manufacturers, and our history of success with providing exceptional service to our customers.
Our guiding principle has always been to be our customers' best service provider. Our dedicated and certified team of professionals strives to uphold our customer-focused, service-based mission to make a daily difference for our customers. After achieving a successful on-time and on-budget project installation, Convergint will provide you with the industry's best ongoing service, including our 24/7 customer portal iCare, designed to track service work orders, project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single point of contact, please feel free to contact me with any additional questions you may have. Thank you again for trusting Convergint as your partner. 16 of 25
March 17, 2026, Item #5
convergjnt Scope
of
Work
•
The
scope
pertains
to
the
following
project
and
location:
City
of
Poway
-
City
Hall
Campus
and
Fire
Station
One
Video
Surveillance
System
Expansion
and
Installation
Services
(as
per
RFP#
26-007).
•
The
scope
of
work
for
this
project
is
based
on
Convergint counts
as
stated,
and
parts
as
stated.
This
proposal
is
for
Convergint
"Option
2".
Please
refer
to
the
Option
2 Convergint
design
drawings
for
detailed
information
on
the
various
camera
locations.
•
The
following
notes
and
assumptions
are
provided:
17 of
25 o
No
agreement
on
liquidated
damages
included
or
considered.
If
applicable
or
required,
the
risk
profile
is
adjusted,
and
project
costs
may
change.
o
Bonding
is
not
included
in
presented
costs.
The
add
cost
is
1 %
of
applicable
value.
o
The
proposal
is
offered
based
on
2026
labor
rates
.
o
Proposal
is
based
on
reasonable,
good
faith
assumptions,
including
limited
scoping
abilities
at
the
site
during
the
site
walk
.
o
Servers,
workstations,
networking
(switches/
patch
panels/
patch
cabling)
,
Internet
access
I Firewall
functionality,
UPS,
equipment
racks,
and
IP
addresses
by
others
(unless
stated
specifically
differently).
The
switch/
patch
panel
is
assumed
installed
/ available
in
the
same
room as
where
our
ACS/
IDS
panels
will
be
located.
o
Network
cabling
assumed
provided/installed
by
Convergint
(based
on
Convergint
standard
Cat6
industry
cable.
o
We
assumed
surface
mounted
cameras,
unless
specialty
brackets
are
included.
We
have
included
arm
and
corner
mounts
for
5x
4-lens
cameras
for
exterior
corner
mounting
on
buildings.
Otherwise,
we
recommend
surface
mount
for
simple,
low-profile,
effective
installation.
o
We
assumed
major
pathways/
conduit
existing,
with
the
following
notes:
■
Within
reasonable
efforts,
we
can
run
two
new
cables
through
existing
conduits/
pathways
at
the
Fire
Station
from
the
IDF
room
location
to
the
two
cameras
adds
on
the
north-end
of
the
building
(which
requires
a
crossing
over
the
open
engine
area).
■
Sufficient
space
in
sleeve/
conduit
for
cabling
from
floor
1 to
reach
floor
2 IDF
room.
■
We
will
add
minor
penetrations
and
conduit
for
exterior
cameras,
based
on
our
careful
review
of
site
conditions
during
the
site
walk
.
o
All
electrical
by
others
(none
assumed
applicable).
o
We
will
display
the
camera
system
to
the
City
IT
stakeholders,
without
formal
training requirements.
o
We
will
enable
AOA
within
the
system
for
general
forensic
search.
However,
advanced
programming
is
not
included
within
our
base
proposal
,
such
as
setup
of
specific
analytics,
mapping,
integrations
, etc.
March 17, 2026, Item #5
convergfnt
o
Drawings
are
included
based
on
basic
pdf
"spots
and
dots"
mark-ups,
in
reference
to
our
design
drawings
are
included
with
our
proposal.
For
engineered
drawing
(in
CAD
or
similar),
extra
costs
are
required.
o
We
assumed
no
need
for
lift
rental
requirements.
We
assume
all
installation
can
be
performed
safely
with a
ladder.
We
assumed
exterior
cameras
to
be
placed
"between
Level
1 and
Level
2"
on
the
outside
of
the
building
or
"at
or
just
above
the
ceiling
of
Level
1 ".
This
avoids
the
need
of
lift
rentals,
and
facilitates
and
reduces
maintenance
costing
. Also,
generally
speaking
, visibility
will
be
advantageous
from
a
lower
view
point.
o
All
tree
trimming,
as
needed
for
better
camera
coverage,
will
be
Customer
responsibility,
o
Regular
business
hour
work
assumed.
o
We
assumed
no
union
requirements.
o
No
CCIP
requirements
assumed.
o
No
integration
between
ACS
and/or
VMS
and/or
IDS
and/or
Intercom
assumed
required
or
included.
o
No
permitting
included
or
assumed
required
.
o
Pricing
is
based
on
current market
conditions
and
does
not
include
any
potential
tariffs,
duties,
or
manufacturer-imposed surcharges
that
may
arise
during
the
course
of
the
project.
If
such
costs
are
incurred
due
to
changes
in
trade
policies,
supply
chain
disruptions,
or
other
external
factors
beyond
Convergint's
control,
Convergint
will
assess
their
impact and
submit
a
formal
change
order
for
review.
Project
continuation
may
require
an
adjustment
to
the
budget
accordingly.
Customer's
agreement
to
the
change
request
will
not
be
unreasonably
withheld.
Device
Hardening
(reduce
cyber
risk)
Convergint
may
provide
Device Hardening
services
for
certain
qualifying
and
scoped
equipment.
Services
may
include
disabling
unused
&
non-essential
device
features,
disabling
unused
network
comms
(e.g.,
services,
ports),
changing
default passwords,
and
updating
firmware.
The
hardening
services
provided
will
depend
on
the
equipment
being
installed,
equipment
capabilities,
and
manufacturer-provided
permissions
and
recommendations.
Not
all
equipment
may
receive
hardening.
Ask
your
Convergint
contact
for
details
on
qualifying
equipment
and
the
hardening
services
being
provided.
These
are
one-time
services
-
ask
your
Convergint
contact
for
information
on
how
Convergint can
provide
ongoing
support.
Convergint
cannot
guarantee
the
security
of
the
devices
it
installs
or
of
Customer's
IT
environment,
no
networked
system
is
completely
secure,
and
Customer
remains
ultimately
responsible
for
its
IT
environment.
Materials
18 of
25 March 17, 2026, Item #5
Line
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 convergfnt
Qty Part Description Unit Price
Genetec Licenses
45.00 GSC-OM-1 Enterprise camera connection, mandatory $ E-1C Genetec Advantage
45.00 ADV-CAM-Genetec Advantage for 1 Omnicast Enterprise $ E-1Y Camera 1 year
0.00 GSC-1 Genetec Security Desk client connection (incl. $ 1LOGIN Web Client & Mobile) Camera Parts
-Dome Cameras
16.00 AXC-AXIS M4216-LV $ 02113001
16.00 AXC-AXIS P3277-LVE $ 03153001
-2-lens Cameras
1.00 02415-001 AXIS P4705-PLVE OFFERS TWO CHANNELS $ WITH 2MP PER CHANNEL AT A FRAME
3.00 02416-001 AXIS P4707-PLVE OFFERS TWO CHANNELS $ WITH 5MP PER CHANNEL AT A FRAME -4-lens Cameras
1.00 02633-001 P3735-PLE PANORAMIC, 4X 2MPSENSORS $ 30FPS, 360 IR. H.264& H.265, IP66/IP67
5.00 02634-001 P3737-PLE PANORAMIC 4X 5MP 20FPS, $ 360IR ILLUM. IP66/67 H.264 & H.265
5.00 01513-001 T94N01D PENDANT KIT FOR P3717-PLE IP $ CAM 1.5 NPS THREAD WALL MOUNT
5.00 5504-821 T91D61 WALL MOUNT AL WH W/ 1.5 NPS $ THREAD FOR FIXED DOMEPENDANT KITS
5.00 5507-601 T94R01 B CORNER BRACKET FOR FIXED $ DOME CAMERAS -180 deg (single stiched image) Camera
3.00 02450-001
Cabling
8.00 556600
P3827-PVE 180 PANORAMIC OVERVIEW, UP $ TO 30 FPS. ?MP. OUTDOOR READY 23-4P Unshielded Solid Plenum Cat6 Wht Jkt $
Equipment Total
Total Labor/Other Costs
Freight/Warranty
Tax if Applicable
Total Project Price
267.18
51.85 534.38
514.22
935.70
963.79
1,085.55
1,497.67
1,685.01
98.61 98.61
72.72 1,497.67
436.76
$
$
$
$
$
19 of 25
Extended
Price
$ 12,023.10
$ 2,333.25
$ 0.00
$ 8,227.52
$ 14,971.20
$ 963.79
$ 3,256.65
$ 1,497.67
$ 8,425.05
$ 493.05
$ 493.05
$ 363.60
$ 4,493.01
$ 3,494.08
61,035.02
85,535.00
5,469.71
3,617.60
155,657.33
March 17, 2026, Item #5
convergfnt
Clarifications and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through Friday 8:00 am -5:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods.
3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials unless specifically listed under Inclusions or Bill of Materials.
4. Permits or associated fees are not included.
5. Customer to provide static IP addresses and network connections at panel locations.
6. Customer to provide a secured staging & storage area for project related materials.
7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating submittal drawings.
8. Fifty percent (50%) of the proposed sell price shall be payable to Convergint for project mobilization. Mobilization shall be invoiced and due upon customer acceptance of this proposal.
9. Proposal does not include sales tax unless otherwise noted.
10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or Subcontractor be liable for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages.
11. Convergint reserves the right to negotiate mutually acceptable contract terms and conditions with customer by making mutually agreeable changes to the formal contract included in the Bid Documents.
12. Supply Chain Delays & Price Adjustments: Customer acknowledges that supply chain disruptions and shipping delays may occur for reasons beyond Convergint's reasonable control and agrees to grant reasonable extensions for such delays.
Pricing is based on current market conditions and excludes increases due to tariffs, duties, manufacturer-imposed surcharges, or other cost increases arising from trade policy, regulatory actions, or external factors beyond Convergint's control. If such cost increases arise, Convergint will submit a formal change order, and Customer agrees to approve reasonable adjustments. Convergint will use commercially reasonable efforts to minimize such increases.
REVIEW IMPORTANT PRODUCT SAFETY AND SERVICE INFORMATION PRIOR TO USING A CONVERGINT-INSTALLED SYSTEM: See the "IMPORTANT PRODUCT SAFETY AND SERVICE INFORMATION" documentation, available at convergint.com/terms.
20 of 25
March 17, 2026, Item #5
convergfnt
IMPORTANT
NOTICE
You
requested
that
Convergint
provide
you
with
certain
security
and
safety
products
and
services.
By
using
these
products
and
services,
you
acknowledge
that:
•
Under
no
circumstances
should
Convergint-provided
products
and
services
be
your
sole
method
of
security
or
safety.
Effective
security
and
safety
require
a
multi-layered
approach
involving
people,
processes,
and
technologies
. Convergint-provided
products
and
services
do
not
guarantee
security
or
safety,
will
not
detect
or
prevent
all
threats
or
risks
all
the
time
(including
threats
they
are
designed
to
detect),
and
will
not
ensure
overall
safety
and
security
. You
are
ultimately
responsible
for
your
people,
premises,
and
property,
including
for
maintaining
an
effective
response
plan
and
promptly
implementing
your
response
plan
in
response
to
alarms
or
threats
.
•
All
security
products
and
services
have
limitations.
No
product
or
service
can
guarantee
safety
or
security
. It
is
your
responsibility
to
ensure
you
are
informed
about
product
or
service
limitations
and
that
you
regularly
test
and
validate
the
products
and
safety
plans.
Reach
out
to
your
Convergint
account
executive
to
learn
how
our
support
services
can
help.
And
if you
have
a service
plan,
you
are
responsible
for
promptly
notifying
Convergint
in
the
event
of
any
defect,
malfunction,
or
performance
issue
with
the
products
and
services.
•
Various
factors
can
impact
product
performance.
Selecting
products
and
settings
may
involve
tradeoffs
between
the
level
of
security
and
safety
on
the
one
hand
and
speed,
convenience,
and
cost
on
the
other
hand
. Convergint
can
give
you
guidance,
but
you
are
ultimately
responsible
for
selecting
products
and
settings
based
on
your
organization's
risk
profile
and
tolerance
.
•
The
products
are
made
by
third-party
manufacturers,
not
Convergint.
You
are
bound
by
and
must
use,
test,
and
maintain
the
products
in
accordance
with
the
manufacturer's
terms
and
instructions
.
Convergint
does
not
independently
validate
the
accuracy
of
claims
or
statements
made
by
manufacturers,
and
makes
no
assurances
regarding
their
accuracy
. You
are
responsible
for
using
the
products
and
services
in
compliance
with
laws
and
regulations
applicable
to
you
or
as
permitted
in
your
jurisdiction
.
•
All
products
and
services
are
governed
exclusively
by
a
final
agreement.
No
advertisement,
literature,
brochure
, website,
or
statements
made
during
the
sale
process
or
otherwise
(whether
orally
or
in
writing)
should
be
interpreted
as
a
promise
, warranty,
or
other
assurance
.
•
You
have
reviewed
the
"IMPORTANT
PRODUCT
SAFETY
AND
SERVICE
INFORMATION"
documentation,
available
at
convergint.com/terms.
21 of
25 March 17, 2026, Item #5
convergfnt
Performance Items
I Items Included
Applicable Taxes Cable
Freight (prepaid) Installation of CCTV Cameras
Installation of Wire and Cable Material (listed in the BOM) Mounting/Termination of Proposed Devices One-Year Warranty on Labor One-Year Warranty on Parts Project Management
System Programming Testing of all Proposed Devices
I Items Excluded
120 VAC Power and Fused Disconnect Switch 120 VAC Power Receptacles Additional Lighting Requirements for Cameras Attend General Contractor Project Meetings Attend Owner Project Meetings Authority having Jurisdiction permit drawing Ceiling Tiles and Ceiling Grid Repairs
Correction of Wiring Faults Caused by Others
Electrical Installation Permit
Engineering and Drawings
FA Permit and Plan Review Fees
Fire Watch
Floor plan with device placement and numbering
(requires customer CAD)
Installation of Bridle Rings
Installation of Control Equipment Enclosures
Installation of Intercom Systems
Installation of Low Voltage Wire
Installation of Network Cabling to IP Cameras
Installation of Specialty Backboxes
Installation of Video Recorders (DVR/NVR)
Lifts
Low Voltage Permits
Operations & Maintenance Manuals
Owner to Provide Static IP Addresses
Panel Wall Elevation drawing (may require
customer CAD)
Patch and Paint
Record Documentation (As-Built)
Servers by Convergint
Specialty Backboxes
System Engineering
System Meets Plans/Drawings
Termination of Control Equipment Enclosures
Wire
Workstations by Others
22 of 25
(requires customer CAD)
Connection to Building Fire Alarm Panel
Door wiring typical connections
Electrified Door Locking Hardware
Equipment rack layout drawing
Fire Stopping (Excludes Existing Penetrations)
Floor Coverings for Lifts
Horizontal Core Drilling
Installation of Conduit, Boxes and Fittings
Installation of Control Panels
Installation of Intrusion Panels
Installation of Network Cabling to Card Readers
Installation of Network Cabling to IP Intercoms
Installation of Terminal Cabinets
Installation of Wire Hangars
Loading Software on Customer Provided
Computer
On-Site Lockable Storage Facility
Owner to Provide DHCP Lease Reservations for
Network Connected Devices
Owner Training
Panel wiring point with to point connections
Payment & Performance Bonds
Riser drawing with home run wiring
Servers by Others
Submittal Drawings
System is Design-Build
Terminal Cabinets
Vertical Core Drilling
Workstations by Convergint
March 17, 2026, Item #5
convergfnt Total
Project
Investment:
$
155,657.33
Thank
you
for
considering
for
your
Security
needs
.
If
you
have
any
questions
or
would
like
additional
information,
please
don't
hesitate
to
contact
me
immediately.
If
you
would
like
to
proceed
with
the
scope
of
work
as
outlined
in
this
proposal,
please
sign
below
and
return
to
my
attention
.
Sincerely, Jasper
Bruinzeel
Convergint Jasper
Bruinzeel
By
signing
below
or
accepting
the
services described
in
this
proposal,
Customer
accepts
and
agrees
to
this
proposal,
including
the
enclosed
Terms
and
Conditions,
along
with
any
addendums
or
exhibits
that
may
be
attached
or
referenced
therein.
Any
additional
or
contrary
terms,
including
on
a
Customer
PO,
are
expressly
rejected.
By
signing,
you
represent
and
warrant
that
you
have
authority
to
accept
this
proposal
on
behalf
of
Customer.
Brad
Rosen
February
25,
2026
Customer
Name
(Printed)
Date
Authorized
Signature
Title
23 of
25 March 17, 2026, Item #5
convergjnt
Converglnl Technologies Terms and Conditions (Install & T&MJ Throughout this Proposal, including these Terms and Conditions and any altachmcnts. (together, "Agreement") U1e leim 'Convergnt' refers to the Converginl Technologies affiiate operating in tho stata/provii.cc in \-.t,ich the Work ts being performed and .. Converglnt Related Parties· means Convergint and ils contraclors, subconlraclors, lhird party product manufacturers or providers.
SECTION 1. THE WORK
Tilis Agreement takes precedence over and supersedes all prior pmposaJs, correspondence, and oral or written agreements or reprcscrtations relating to the work sci forth in the a1tached scope or work ('Work"), Tl-.s Work commeiices on the start dale and wil be performed pursuant to the schedule specified in the altached scope of work and, subject to any change orders or addendums, represents the enti"e agreement between Corwergint and Customer. Tus Agreement applies to the exduslon or any other tams that the Customer seeks to Impose or incorporate (such as Customer's purchase order farm) which me in .!ddition to or inconsistenl ~•.ith the temlS and conditions or lhis A!Yeetl1ent. oc ·.vhid1 are imptied by trade, custom. practice or course or dealing, all of 'tvhk:h are deemed expressly rejected and will not be binding.
This Agreement is made without regard to compliance with any special SOUfcing and/0< manufacturing requirements. minority or disadvantaged supplier requirements. or similar government procurement lilws. Should such requirements be applicable to this Agreement.
Converglnl reserves the right to modify and/or withdraw its Agreement.
Customer understands that Convcrgint is an authorized distributor or reseller and not the manufacturer or developer ("OEM") or software, hardware and equipment (co!lectlvely. 'Third Party Products~) purchased by Customer and certain services are defivered to Customer by such OEM.
Convergint agrees In accordance with the mutually agreed project schedule:
a. To submit shop drawings. product data, samp(es and similar submittals if required in pe<fom,ing the Work;
b. To pay for all labor, male rials. equipment. toots. supervision, pmgramming, testing, startup and documentation required lo perform the Work in accordance \l,ith the Agreement:
c. Secure and pay ror permits and gOYemmontal fees, licenses, and inspectk>ns necessary for proper execution and comp!etion or the Work, unless local regulations provide otherwise: and
d. Hire subcontractors and order material to perform part of tho Work. if necessary, while remaining responsible for lhe completion or the Work.
Customer agrees in accordance with the mutually agreed project schedule. and at no cost to Convergint:
a. To promptly approve submittafs provided byConvergint; b. To provide access to all areas of the site which are necessary to complete the Work:
c. To supply suitable electrical seMCe as required by Convergint:
d. To remove site obstacles and job sarety hazards;
e. To promplly participate and approve acceptance lesllng, if applicable; f. Upon completion of commissioning or agreed to acceptance criteria, to promptly provide sign-off establishing job closeout; and
g. That in the event or any emergency or systems failure, reasonable safoty precautions will be taken by Customer lo protect l[e and propeny during lhe pertod from when Convergint is first notifted of the emergency or failure and until such time that Converyint notifies the Customer that the systems are operational or that Iha emergency has cleared.
THE WORK AND/OR THIRD PARTY PRODUCTS ARE DESIGNED TO HELP REDUCE. BUT NOT ELIMINATE RISKS OF LOSS RELATING TO PEOPLE, PREMISES, OR PROPERTY.
THE AMOUNTS BEING CHARGED BY CONVERGINT ARE NOT SUFFICIENT TO GUARANTEE THAT LOSS OR DAMAGE WILL DECREASE OR BE ELIMINATED. Customer acl<nowledges \hal proper safely and security requires a mulli-layered approach or people, processes, safety, and techno!ogies. Tho Work, induding Third Party Products, provided by Converglnt is not sufficient lo ensure overall safety .and security. Cust01ner acknowle<!ges an<! agrees that it is responsible for its overall safety and security, induding testing and maintenance of the Third Party Products (except to lhe extent contracted lo Convcrgint by written agreement) and training of its personnel. Customer acknO',vledges and agrees that lt has a duty or care and is solely rcsponsibl'e for its compliance v.~th ap~icable laws, rules, and regulations, including but not limHed to export and re-expor1 resrricUons and regulations, privacy an<l dala protection regulations, applicable OEM instructions. terms and conditions. EULAs, and proper product usage.
Risk of loss, including any Third Party Product comprising the Work. shall pass to Customer as lhe Work is completed and the materials are incorporated into the Work at Customer's site subject to any end user lice1)se agreements. tr or Third Party Products are earlier stored on Customer's site pursuant to agreement bet\vccn Customer and Convergint. risk of loss wilh respect to such or Third Party Product shall pass to Customer upon delivery to Customer's sile.
Applicable to Monitoring Services Only: lfMoniloring Services are identified in the Proposal, the parties agree that (a) these Terms and Conditions are nol applicable, and (b) Monitoring Services are go..,emed by the Monitoring Seniices Terms and Conditions effective on the Effective Dale of the Proposal and avallable at https://www.convergint.com/terms, which Is incorporated by reference as if set forth herein in full. M~.1onitoring Services~ is defined as ~services~ in the Monitoring Services Tem1s and Conditions.
SECTION 2. PRICING
Pricing and amounts proposed shall romain valid for 30 days unless otherwise specified. Price includes only lhe Third Party Prodl1cts listed based on Corwerginl's interpretation or plans and specifications unless noted otherwise, Additional Third Party Products. unless negotiated prior lo order placement. will be billed accordingly. Sales laxes (or as applicable GST. PST, VAT or similar tax) and any other taxes assessed on Customer shall be added to the price upon invoke toClzstomcr
SECTION 3. INVOICE REMITTANCE AND PAYMENT
Customer agrees lo pay Converginl fifty (5011/0) percent of the total price us a mobilization fee at the Urne of executing this Agreement.
If the Work is perfom,ed over more than one month, Convef"glnt will invoice Customer each month for the 1Nork performed during the pre'lious month. Customer agrees to pay lhc amount due to Convergint as invoiced, within thirty (30} days of the date or such invoice. If lhe Work ls 24 of 25
Version 4.1 (US AND CANADA) September 2024
rornplcted in less than one month. Customer agrees lo pay Convcrgint in full after tho Work has been completed within thirty (30) days of U,e date of invoice. Invoices snan not be SYbject to a project rclenuon percentage and payment to Convc,rginf shall not be conditioned on payment by an upslrean1 party. If Customer is overdue in any paym<!n\, Convergnl shall be entiUed lo suspend tile Work \~iU10ut Mabtl~y until paid, charge Customer an interest rate 1 and 1(£% pe<cent per month (or tho maximum rato prnmittcd by law. whichever is loss), and may avail itseK of any other legal or equitable remedy. Customer shall reinbuse Converginlcosts Incurred in collecting any amounts !hat bcrome overdue. including attorney foes. court costs .:!nd any other reasonable expenditure.
SECTION 4, WARRANTY
Warranties ror Converginrs services and Third Party Products are described in tho Limited Warranty fer Products and Servfces available at hiln~•/f\orww coqverqint cgmi:gqn~i wt,ich is in effect as of lho effective dale of this Agreement and is inccrparaled by reference as if set forth herein in ru~.
SECTION 5. CHANGES
Without i1waidating lhis Agreement or any bond given hereunder, Customer or Converginl may request changes in lhe Work V\ith a change order signed by bolh parties_ If Customer orders (i) any changes fo tho Work (e.g. change in objective, deliverables, \asks or hours). (11) changes lo schedule (extension or acceleration), or (ill) causes any material lntert'erence v,ilh Converglnl's performance of the Work, Convcrgint shall be entitled to an equitable adjustment In the lime ror pertormance and in the Price. inrJudiog a reasonab(e atlowance for overhead and profit.
SECTION 6, FORCE MAJEURE
Neither Customer nor Convergint shall be liable fDf any delay or fa~um in the perfom1anco of their respective obligations pursuant to this Agreement due to circumstances beyor,d their reasonable control ("Force Majeure") and Without the faull or negligence of the party experiencilg such d~ay. A Force Majeure event shall include, but not be limited to: acts of God, pandemic or epidemic, diseases, quarantines. unavoidable casua!Ues, concealed conditions, acts or any civil or military authority; riot, insurrections, and civil disturbances:
war. invasion. acl of foreign enemies. hostilities (regardless of whether or not war is dedared). rcbeUion, revolution. terrorist activities; strikes. lockouts or other labor disputes:
embargoes; shortage or unavailability or labor. supplies, materials, equipment or systems:
accident fire, storm. water, flooding, negligence of others, vandalism. power fa~ure. installation of incompatible equipment, improper operatlng procedures, source rurrent fluctuations or lighting, transportation contingencies: laws. statutes. regulations. and other legal requirements, orders or judgements; acts or ardor of any government or agency or offlcial thereof, other catastrophes Of any other similar occurrences, 1r perfonnance by eiUler party is d&yed due to Force Majcurc, the time for performance shall be extended ror a period of lime reasonably necessary to overcome the effect or lhe delay and Convergint shall be entitled to an e<tuitable adjustment of the Price.
SECTION 7. INSURANCE
In lieu o( any Customer insurance requirements; for Services performed in the United Stales, Convergint shall maintain the following insurance coverages during the term of this Agreement and upon request. shall provide certificates of insurance to the Customer.
Worker's Compensation Statutory Limits
Employer's Llabiity S1,000,000 per occurrence/aggregate Commercial General Liability S1,000.000 perotx:Urrence
Automobile Liability
Excessi'Umbrella Liability
S2.000.000 general aggregate
S1 ,000,000 per occurrence/aggregate
S3,000,000 peroccurrence/aggregale
Commercial General Liability poljcy shall name Ute Customer as ·additional insured" on a primary/noncontributory basis with respect 10 liability arising out of the Services, as applicable, but only lo the e~lent or liabilities faUing within ttle indemnity obJigatlons of Converginl pursuant to the terms of this Agreement. Convergint shaD not provide loss runs or copies of its insurance pol ides.
Converglnt shall provide lo the Customer no less than thirty (30) days' notice poor to the termination or cancellation of any such insurance policy. For services perfom1ed in Canada, Convergint shall maintain similar insurance coverage dependent upon the local requirements in Canada and upon the Insurance available under Converglnt's insurarlCe program. All required insurance coverage shall be reasonable in the circumstances and compliant with local regulations.
SECTION B. INDEMNIFICATION
To the fullest extent allowed by law, Convergint shall indemnify and hold Customer harmless from and against daims, damages. losses, and expenses (excluding loss of use) attributable to bodily injury, sickness. disease or death, or to destruction of tangib!c property, but only to the ex!ent caused by lhe negligent acts or omissions of Convergint or Convergint's employees or subcontractors while on Customer's site.
If Convergint is providing producls or services for intrusion detection, detection or specific threals to people or property (including gunshot. or drone detection). mass notification, ballistics or explosives protection, or processing of biometric, health, financi::il, or government ldenlirier data (collecllvely, ·special Offerings"), then to the fullest extent allowed by law (i) Convergint's indemnification obligations under the Agreement do nol apply whatsoever and Converglnt Related Parties have no liability to Customer for any losses or damages caused by any Special Offerings; and (ii) Customer shall indemnify, defend. and hold harmless Convergint Related Parfa:,s, from and against nil claims, demands, actions, liabilities, damages, and cosls {including reasonable attorneys· fees) relating to Special Offerings provided by Converginl . oxcept lo tho extent of Converginfs gross negligence ins1alling such Speclal Offerings. Any wavier or damages or limitation or liability contained in the Agreement and as modified herein shall not apply to Customer's indemnification, hold harmless and defense obligalions herein.
Applicable to Weapons Detection Only: U Converginl provides Weapons Detection Syslems or Services, then such Systems and Services aro further govemod by the Weapons Detection Addendun, effecllve on 11,e Effective Dale of ll1is Proposal and available al https://•M•M1.convergint.com/tenns, which is incorporated by reference as if set forth herein in full. "Weapons Detection Systems or Services" means any ·•systems" and/or ·services~ as each are defined In the Weapons Delectlon Addendum.
March 17, 2026, Item #5
convergfnt
SECTION 9. LIMITATION OF LIABILITY
EXCEPT AS PROVIDED HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW: (A) IN NO EVENT SHALL EITHER CONVERGINT RELATED PARTIES, OR CUSiOMER BE LIABLE UNDER OR IN CONNECTION WITH THIS PROPOSAL FOR SPECIAL. INDIRECT,
INCIDENTAL, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS. EVEN IF THAT PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) THE AGGREGATE
LIABILITY OF CONVERGINT RELATED PARTIES ARISING OUT OF OR RELATED TO
THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT UNDER THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMfT. THE LIMITATION SET FORTH IN THIS SECTION SHALL
APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY.
SECTION 10. COMPLIANCE WITH LAW, SAFETY, & SITE CONDITIONS Converglnl agrees lo comply with all laws, rules. and regulaUons applicable to Its provision of lho Wo<k. Cuslomer 1vill comply with all applicable laws and agreements applicable to its uso and operation of the W0<k. Convergint shall comply with aU safety related laws and regulations and with lhe safety program of the Customer, provided such program is supplied lo Convergint poor to beginning Worl<.
If during lhe course of ils Work, Convergint encounters conditions at the site that are subsurface, differ materially from what is represented in the contract documents, or 0U1erwise concealed physical conditions, Convergint shall be entitled to an extension of time and additional costs for tho performance of its work.
If Convergint discovers or suspects the presence of hazardous materials or unsafe wor1<1ng conditions at Customer's site M'lcrc tho Work is to be performed, Convergint is entitled to stop Iha Work at that site if sud1 hazardous materials, or uis.afe working conditions were not provided by or caused by Convergint. Ccnvergint in its sole discreUon shall determine when it is "safe" to return to perform tho Work at Customer"s site. Convergint shall havo no responsibility for the discovery. presence. handling, removing or disposal of or exposure of persons lo hazardous materials in any form al tho Customers site. To tho fu!lest extent allowed by law, Customer shall indemnify and hold ham1less Convergint from and against claims, damages, losses and expenses, including but not limited to. reasonable attomey"s fees, arising out of or resulting from undisdosed hazardous materials or unsafe working condllions at Customer·s site.
SECTION 11. PERSONAL DATA & SECURITY
Converginl's obligations and !!abilities regarding Procossing of Personal Data and Information security shall be limited solely to Processing performed by Converglnt's personnel. Processing by OEMs or Third Party Products are governed by any applicable OEM end user licensing agreements or terms and conditions. Customer represents and warrants that it will comply with all applicable Data Protection Laws. Although certain products delivered by Convergint may be capable of processing Biometric Information.
Personal Health lnrormation, financial inrormation, or government identifiers rsensitive Information~), Customer acknowledges that Convcrgint is not Processing Sensitive Information (or lo the extent it is Processing Sensitive lnfom1ation, it is doing so strictly in accordance with Customer's instructions) and Customer is solely responsible for compliance of all such Processing with Data Protection Laws. To 1he fullest extent allowed by law, Customer shall indemnify, defend and hold harmless Converglnt from and against all claims, demands, actions, liabilities, damages, and costs (indudlng reasonable attorneys· rees) asserted by a third party arising out or or relaling to faillire to comply with applicable Data Protection Laws Including but not limited to those related to Sensitive Information. Converginl's obligations and llablll!les regarding lnfom1alion securily and Processing of customer information or data, including Personal Data. are limited lo Processing performed by Convergint (ii any). OEM and Third Party Product information security and Processing is governed by applicable OEM end user licensing agreements or terms. "Personal Data·, "Process(ing)", "Biometric Information·, and "Personal Health Information~ shall be interpreled in accordance wilh, and shall Include analogous terminology as used in. applicable laws and regulations relating to dala privacy, inrormation security, data protection, data breaches, cross-border data flows, and/or tho rights and obligations of persons or entities regarding personal information ("Data Protection Laws").
To the extent Convergint accesses Customer's information systems, Convcrgint will not be responsible or liable for losses or 11am1s caused by following Customer's instructions, caused by Third Party Products. caused by third party or Customer-specified remote access sonware, or that are olherv~ise not due to the faull of Converginl. Customer-authorized changes to Customer infonnation systems are at Customer's own risk and Customer acknowledges it ls responsible for tho overall security of ifs information systems.
SECTION 12. INTELLECTUAL PROPERTY
Convergint shall retain title and ownership of all intellectual property rights relating 10 the drawings, technical documentation, or other technical lnfonnalion roocumentalion") delivered under this Agreement. The OE Ms shall retain title and ownership of all intellectual property rights relating to lhe Third Parly Producls and will grant any license and right to use in connection with the Third Party Product through the OEM's end user license agreement or other terms and conditions. Customer shall not use any Documentation supplied by Converginl for any purposes olher than lhose directly related to this Agreement or for the use and/or maintenance of the Third Party Product.
SECTION 13, PRICE ADJUSTMENT
Convorgint mc1y automatic.'.llly adjlJSI the price. with five (5) days prior written notice, if based 011: (a) changes by its vendors to u,e cost of materials or Third Party Products to be delivered and/or labor costs related to personnel responsible for performing the Work, (b) macroeconomic conditions, such as taxes. tariffs or duties, natural disasters, labor shortages/strikes, etc.. (c) market conditions such as price volatility or availability limitations, or (d) other events not wilhin Convergint's control that impac1 the cost of performing the Work. The adjuslmenl shall be consislent wilh applicable market Indexes, where available, third.party sources or other evidence. Convergint reserves 1110 right to add periodic surcharges. including without llrnilaUori, adjustments for lhe !her, currer1I price of fuel. such surcharges to be specified and invoiced by Convcrgint.
SECTION 14, TERMINATION
II a party materially breaches this Agreement, the other µarty shall provide l'Titlen notice of the breach and a reasonable lime to curo the breach. but in no event less th.:m 30 days. If the breaching party fails to cure u,e breacl1 within the specified lime period, the non-b<eaching party may terminate this Agreement upon 15 days written notice to the other party. If Convergint notifies Customer of a material breach pursllanl lo lhis paragraph. Converginl may temporarily suspend its work without liability until Customer cures the bread1.
SECTION 15. GOVERNING LAW AND DISPUTES
The parties agree that this Agreement shall be governed by the laws of the state/province \vhcre 1ho Work is located, and venue for disputes shall be located in that state/province.
In lhe event or any dispute between Convergint and Customer, C◊11ve<g,1t and Custome< shall first auempl to resolve the dispute in the field, but if that is not successful, then in a mcc1ing between authorized officers of each company. If settlement attempts are not successful, unless the dispute requires i11unclive relief. then the dispule shall be decided exdusively by arbitration.
Such arbitration shall be conducted in accordance with tho Construction Industry Arbitration Rules of the American Arbitration Association (If the Services are performed in U1e United Stales) or Arbilration Rules of the ADR lnslitute of Canada. Inc. (ij the SCIViccs are performed in Canada) o..-rently in effect by a single arbitrator and shall be a fioaf binding resolution of the Issues presented be~veen the parties. The prevailing party shall be entilled to recover its reasonable attorneys' fees and costs. Any award by tho arbitrator may be entered as a judgment in any court having jurisdiction.
SECTION 16. MISCELLANEOUS
The par1ies have required thal this Agreemenl be written in English and have also agreed that aU notices or other documents required by or contemplated in this Agreement be written in English. Los parties ont rcquis quo cetto convention soit redigfle en ang!ais el ant 0galomonl convenu que tout avis ou autre documenl exige aux term es des presentes ou decoulantde l'une quelconque de sos dispositions sera prepare en anglais.
Any cl1anges 10 lhis Agreement shall be in writing signed by bolh Customer and Convergint. ln the event any provision of thisAgret:!ment is held to be invalid or unentorceabte, the remaining provisions of this Agreement shall remain in full force and effect.
Customer waives all claims against Convergint arising from or related to suspension or work pursuant to this Agreement.
Cuslomer and Convergint are independent contractors, and nothing in this Agreement creates any agency, joint venture, partnership, or other form of joint enterprise. employment. or fiduciary relationship between them. Nolhing contained in this Agreement shall be deemed to create a relationship of emp!oyee or employer between the parties. and neither party shall be entitled lo any benefits that the olhor party provides for ils own employees, including w0<kers compensalion and unemployment insurance. Each party shall have exciusive control over its own employees, agents, and subcontractors, its labor and employee relations. and its policies relaUng to wages, hours, working conditions, or other cooditions.
Neither party to this Agreement shall assign this Agreement without the prior written consent of the other party horelo. No~vithstanding the foregoing, Convergint may assign this Agreement without notice or consent (i) to any of its parents, subsidiaries or affiliated companies or any entity majority o·~vned by Convergin1; or (ii) in connection with a merger, acquisition, reorganizatioo, sale of all or the equity interests of Co,wergint. or a sale or all or stibstantia!ly all of the assets of Convergint to which this Agreement relates.
Notices shall be in writing and addressed to the other party. in accordance with the names and addresses of the parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent.
In no event will Convergint be obligated to comply with any project labor agreements or other collective bargaining agreements.
A waiver of tt1e terms hereunder by one party la !he other party s~1all not be effective unless in wtitjng and signed by a person ,vith authority to commit the Customer and Converginl No waiver by Customer or Convorgint shall operate as a continuous waiver, unless tho wrillen waiver spe<:ifically states that it Is a continuous waiver of lhe terms stated in that waiver.
The Sections regarding invoicing, warranty, indemnity, limitation of liability, confidentiality and disputes shall survive lhe termination of lhis Agreement.
Converginl provides additional product safet~• and service infonnation at https:l/www.convergint.com/termsl (see "IMPORTANT PRODUCT SAFETY ANO SERVICE INFORMATION"), which ,t encourages Customer lo review prior to use.
V4.1 September 2D24 Page 2 of 2 Convorgint TochnoJogios 25 of 25
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
March 17, 2026
Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance @__
Brad Rosen, Assistant Director of Finance Operations �
(858) 668-4452 or [email protected] TT •
CITY COUNCIL
Approval of Agreement Between the City of Poway and N. Harris Computer Corporation for the Purchase of Northstar Utility Billing Cloud Hosting and Technical Services
The City's current utility billing application, Northstar Customer Information System (CIS), and its associated
database are operating on existing City servers that will no longer be supported by Microsoft effective January 2027. The system includes the application utilized by staff to perform customer service
and utility billing functions and the web portal utilized by the public to view their account and pay their utility bills. In anticipation of this change, staff reviewed both the option to upgrade the on-premises environment on existing City servers to supported hardware/software as well as the deployment of the CIS application in the Northstar Utilities Cloud environment. Based on that review, staff recommends a full migration of the system to the cloud-based environment.
The proposal includes one-time migration services and cloud environment setup, including all known interfaces and integrations. To streamline implementation, the upgrade also incorporates CSR7, NorthStar's web-based interface for customer service representatives, which will support more efficient account management and improve overall productivity.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute an agreement with N.
Harris Computer Corporation for the purchase of Northstar Utility Billing Cloud Hosting and Technical Services, and approve an appropriation of $19,525, from the General Fund (F1000) to fully fund the project.
Discussion:
Northstar Utilities provides the City with the software platform used to manage all aspects of utility billing. This includes maintaining customer account information, tracking water usage data, 1 of 51 March 17, 2026, Item #6
March 17, 2026, Item #6
generating monthly utility bills, and processing payments. The system supports meter reading imports, account changes, service requests, and delinquency management, ensuring accurate billing and efficient customer service operations. Northstar also provides ongoing technical support, system updates, and troubleshooting to keep the City's utility billing functions running reliably.
The City's Northstar Utilities application and database are currently hosted on existing servers in the City Hall data center. Microsoft will discontinue support for the existing servers operating systems in January 2027, which will end security updates and technical support. To maintain system operability, staff reviewed available upgrade options, including migration to a cloud-based environment and upgrading the existing on-premise servers. Based on that review, staff recommends a full migration of the system to the cloud-based environment.
Northstar Cloud is hosted on Amazon Web Services (AWS), which provides the infrastructure for NorthStar's CIS. Under this model, AWS supplies the secure hosting environment, and Northstar Managed Technical Services is responsible for system maintenance, updates, and security management. The proposed migration includes one-time services for data transfer, cloud environment setup, and configuration of known interfaces and integrations.
As part of the same project, the upgrade includes implementation of CSR7, NorthStar's web-based interface for customer service representatives. CSR7 provides guided workflows, an intelligence engine, and a streamlined interface designed to support account management activities. The platform includes built-in workflows intended to promote consistency in processing and assist staff during onboarding or role transitions.
Based on the upcoming end of support for the existing environment, the need to maintain a secure and reliable utility billing environment, and the long-term operational benefits of a managed cloud solution, staff determined that migration to Northstar Cloud and implementation of CSR7 provide the most sustainable path forward. Ongoing annual costs associated with the cloud solution include subscription fees for both the cloud infrastructure and CSR7. The cloud solution offers improved system support, enhanced security, and lower ongoing maintenance demands, aligning with the City's long-term technology strategy.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The cloud hosting and implementation costs total $165,764, including $10,000 for estimated travel and incidental costs to be incurred by Northstar implementation staff. The adopted FY 2025-26 budget includes $146,239 (112010-43090) for this purpose. Approval of the staff recommendation authorizes an additional appropriation of $19,525, from the General Fund (F1000) to fully fund the project.
Ongoing licensing and support costs are estimated at $36,575 annually.
Public Notification:
None.
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March 17, 2026, Item #6
Attachments:
A. Hosting Services Agreement: N. Harris Computer Corporation B. Statement of Work (Quote): N. Harris Computer Corporation Reviewed/ Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~ Ch,@.;;.;
City Manager
March 17, 2026, Item #6
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NORTHISTAR™
UTILITIES SOLUTIONS
Hosting Services Agreement
Cloud Hosting and Technical Services
Northstar Utilities Solutions
1-844-888-9904 or 613-696-0127
[email protected]
1 Antares Drive, Ottawa,
Ontario, Canada, K2E 8C4
Contents
ATTACHMENT A
City of Poway, CA
March 17, 2026, Item #6
Hosting
Services
Agreement
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. 3
Schedule
"A"
-
Hosting
Services
and
Service
Levels
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Schedule
"B"
-
Standard
Support
Guidelines
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24 21Page
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51 March 17, 2026, Item #6
Hosting Services Agreement
THIS HOSTING SERVICES AGREEMENT (the "Agreement") made as of the day of signature on page 19 of this document (the "Effective Date").
BETWEEN: N. HARRIS COMPUTER CORPORATION ("Harris" or "Provider") -and -
City of Poway ("Organization" or "Poway")
WHEREAS the Organization has acquired the Solutions from Provider pursuant to the terms of a Licensing and Services Agreement entered into between Harris and Organization dated _____ (the "Licensing and Services Agreement") and has an active Support and Maintenance Agreement in place with Organization dated November 13, 2012 (the "Support and Maintenance Agreement").
WHEREAS the Provider wishes to offer the use of and the Organization wishes to use the Hosting Services and the Managed Services in connection with their Solutions.
NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows:
ARTICLE I INTERPRETATION
1.1 Definitions
Throughout this Agreement, except as otherwise expressly provided, the following words and expressions shall have the following meanings:
a) "Hosting Services" means the Hosting Services to be provided by or on behalf of Provider under this Agreement that includes hosting, monitoring, operating and maintaining the Software on hardware and related equipment at a site owned or controlled by Harris and the delivery of exclusive access via a virtual private connection (VPN) or the Internet to Organization to use the Software granted to Organization pursuant to the Software License Agreement and Section 2 hereof. The Hosting Services shall also include storing all data entered and maintained by Users through use of the Hosting Services. Hosting Services do not include Third-Party Content. b) Managed Services" means the provision of services that may include: network management, disaster recovery, database, database tuning, operating system, operating system installation & maintenance, hardware installation, server configurations, third party software and technical troubleshooting. These Managed Services are further defined in Schedule "A" attached hereto and incorporated herein by reference. 3IPage
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March 17, 2026, Item #6
c)
"Change
Order"
means
any
written
documentation
between
the
Organization
and
Harris
evidencing
their
agreement
to
change
particular
aspects
of
this
Agreement
or
the
Statement
of
Work.
d)
"Confidential
Information"
means,
with
respect
to
a
Party
hereto,
all
information
or
material
which:
is
(A)
marked
"Confidential,"
"Restricted,"
or
"Proprietary
Information"
or
other
similar
marking,
(8)
known
by
the
Parties
to
be
considered
confidential
or
proprietary,
or
(C)
which should
be
known
or
understood
to
be
confidential
or
proprietary
by
an
individual
exercising
reasonable
commercial
judgment
in
the
circumstances.
Confidential
Information
does
not
include
information
to
the
extent
that
such
information:
(i)
is
or
becomes
generally
known
to
the
public
by
any
means
other
than
a
breach
of
the
obligations
of
a
receiving
Party
hereunder;
(ii)
was
previously
known
to
the
receiving
Party
as
evidenced
by
its
written
records;
(iii)
is
rightly
received
by
the
receiving
Party
from
a third
party who
is
not
under
an
obligation
of
confidentiality;
or
(iv)
is
independently
developed
by
the
receiving
Party
without
reference
to
or
use
of
the
other
Party's
Confidential
Information.
Confidential
Information
of
Harris
shall
include,
without
limitation,
the
Hosting
Services,
the
Managed
Services,
and
any
information
with
respect
to
the
Hosting
Services
that
Harris
or
its
third-party
service
provider
may
provide
to
Organization
from
time
to
time,
including
without
limitation,
the
terms
and
conditions
of
this
Agreement
and
all
information
disclosed
by
Harris
relating
to
its
facilities,
computer
systems
and
product.
Confidential
Information
does
not
include
any
Data
e)
"Data"
means
all
software
(including
machine
images)
text,
audio,
video
or
images
that
are
transmitted,
transferred,
or
created
through
Organization's
use
of
the
Solution
or
Hosting
Services
[for
processing,
storage
or
hosting
by
the
Hosting
Services]
or
otherwise
provided
by
Organization
to
Provider.
f)
"Solution"
means
the
software
deployed
and
serviced
by
Harris
and
identified
in
Schedule
"8"
and
the
requisite
Licensing
and
Services
Agreement.
g)
"User(s)"
means
an
individual
authorized
by
the
Organization
to
access
or
use
the
Solutions
through
the
Hosting
Service.
The
Provider
currently
uses
AWS
as
an
additional
service
provider
that
acts
both
as
a hosting
facility
and
provides
additional
third-party
software
support
to
the
Provider.
The
following
additional
words
and
expressions
have
the
following
meanings.
Organization
acknowledges
and
agrees
that
such
defined
terms
may
change
in
the
event
that
the
Provider
changes
the
third-party
service
provider
in
accordance
with
Section
2.6:
(h)
"AWS"
means
Amazon
Web
Services,
Inc.
Amazon
Web
Services
and
AWS
are
trademarks
of
Amazon.com,
Inc.
or
its
affiliates
in
the
United
States
. and/or
other
countries.
Please
see
http://aws
.amazon.com.
(i)
"AWS
Content"
means
software
(including
machine
images),
data,
text,
audio,
video,
or
images
that
AWS
or
Provider
makes
available
related
to
the
Hosting
Services
or
on
the
AWS
Site
to
allow
access
and
use
of
the
Hosting
Services,
including
APls;
WSDLs;
sample
code;
software
libraries;
command
line
tools;
proofs
of
concept,
templates,
and
other
related
technology.
AWS
Content
does
not
include
the
Hosting
Services
or
Third-
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51 March 17, 2026, Item #6
Party Content. Some AWS Content may be provided to Organization under a separate license, such as the Apache License, Version 2.0, which will be identified to Organization in the notice file or on the download page, in which case that license will govern Organization's use of that AWS Content.
0) "AWS Site" means http:/ Jaws.amazon.com (and any successor or related locations designated by AWS), as may be updated by AWS from time to time. 'Third Party Content" means data, software (including machine images), text, audio, video or images of a third party other than AWS made available on [AWS Marketplace or on developer forums, sample code repositories], public data repositories, community focused areas of AWS Site, or any other part of the AWS Site that allows third parties to make available software, products, or data.
1.2 Schedules
The Schedules described below and appended to this Agreement shall be deemed to be integral parts of this Agreement.
• Schedule "A" -Hosting Services and Service Levels
• Schedule "B" -Northstar Standard Support Guidelines
In the event of any conflict or inconsistency between the terms and conditions in the main body of this Agreement and the terms and conditions in any Schedule, the terms and conditions of the main body of this Agreement shall control.
ARTICLE II SERVICES
2.1 Hosting Services
a) Provider shall provide all facilities, equipment, the necessary specialized software, and services required to operate the Solutions, intended to provide secure access to Organization's Users, and store all Data entered and maintained by Organization's Users through use of the Solutions. Equipment, in this context, shall not be confused with computers, network and associated equipment at Organization's facility and elsewhere, which is used by the Organization's Users to access the internet, all of which is supplied by Organization and/or Organization's Users.
b) Provider shall provide an environment that will be able to meet the criteria as listed in Schedule "A" under recommended and normal operation of the hosted Solutions. c) As part of the Hosting Services, Provider shall provide installation, configuration, system administration and maintenance of the facilities, equipment and software required to operate and ensure access to the hosted Solutions. Provider shall also perform Managed Services that include standard database administration functions to ensure efficient and secure operation of the hosted databases. Organization, not Provider, shall be responsible for creating and maintaining all User account information and for performing all other application-level system administration functions that are available within the Solutions.
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d) Provider reserves the right to provide Hosting Services using either internal resources or the services of a duly authorized and licensed 3rd party located anywhere within North America. In either case, Provider shall remain solely liable for providing the Hosting Service described herein.
e) Organization must have an active Support and Maintenance Agreement in place to use the Hosting Services and Managed Services
2.2 Set-Up Services.
The Provider shall be responsible for performing all of the set-up activities required at the hosting site to ensure that the Hosting Services will be provided in accordance with this Agreement. Provider may request assistance from Organization to ensure connectivity is properly established and tested and that the database is configured correctly.
2.3 Service Level Issues.
Provider shall make available to Organization the information listed under "Service Levels" found in Schedule "A" as per the schedule listed in said Schedule "A." The Hosting Services shall be deemed available, even if it is not accessible by the Organization, if the inaccessibility is due to Organization's network infrastructure, its connection to the Internet, or an Internet failure outside the control of the Provider. Provider may change the "Service Levels" in Schedule "A" from time to time if Provider's third-party service provider changes such service levels but Provider will provide 30 days' prior notice to Organization before materially reducing the benefits offered to Organization under the Service Levels in Schedule "A" that are available as of the Effective Date.
2.4 Support Services
The Provider shall perform the support and maintenance services as described in any Agreement providing for Support and Maintenance. Other than for services explicitly provided for in this Agreement, no general support and maintenance services will be provided under this Agreement.
2.5 Hosting Term
The initial term of this Agreement shall commence on the month the hosting environment has been set-up and is available for the Organization to use and shall continue thereafter for five (5) years. Hosting will continue upon completion of the initial period for consecutive five (5) year terms (each a "Renewal Term") until notice is provided to Provider in writing a minimum of three months prior to the end of the term. The Initial Term and any Renewal Terms shall be collectively referred to as the "Term". Provider will advise the Organization in writing when hosting environment is ready to be used.
2.6 Additional Hosting Provisions
(a) The Provider currently uses AWS as an additional service provider that acts both as a hosting facility and provides additional third-party software support to the Provider. The Organization acknowledges that the Provider may change the third-party service provider 6IPage
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at any time with notice to the Organization. The Organization further acknowledges that the third-party service provider may require that the Organization agree to certain additional terms in order for the Provider to allow Organization and its Users to have access to the Solution on the third-party provider's hosting platform. The Provider may, from time to time, alter the hosting facility service provider by providing notice to the Organization. Additionally, with respect to the current third-party service provider, the Organization must agree to the following policies ("Policies") as a condition precedent to using the Hosting Services which shall form an integral part of this Agreement.
Organization agrees that its Users must also agree to such Policies, as applicable to Users:
• "Acceptable Use Policy" means the policy located at http:/ /aws.amazon.com/aup (and any successor or related locations designated by AWS), as it may be updated by AWS from time to time.
• "Service Terms" means the rights and restrictions for particular made available by AWS located at http:/ /aws.amazon.com/serviceterms (and any successor or related locations designated by AWS), as may be updated by AWS from time to time.
Where a different third-party provider provides such services then alternate policies and terms will apply to Organization's use of the Hosting Services which terms the Organization will need agree with as a condition precedent of using the Hosting Services from a time provided by the Provider to the Organization. (b) The third-party service provider may change or discontinue any of the services that form part of the Hosting Services, from time to time. If Provider receives prior notice from the third-party service provider, Provider will provide prior written notice to Organization if AWS decides to discontinue a service that forms part of the Hosting Services. Provider will not be required to provide notice to Organization under this Section 2.6(b) if the discontinuation is necessary for Provider or its third-party service provider to address an emergency or threat to the security or integrity of Provider or its third party service provider, respond to claims, litigation, or loss of license rights related to third-party intellectual property rights, or comply with the law or requests of a government entity.
Lastly, if the Organization requires information related to the third-party provider's capabilities, accreditations, and other information regarding a third-party provider, the Organization must request such information directly from the Provider. The Provider will make diligent efforts to request that the third party provider provide such information for the Organization but ultimately, the Provider is not obligated to provide any such information to the Organization either (i) where the third party provider refuses to provide the information to the Provider or (ii) where the Organization refuses to agree to terms that the third party provider has requested from the Organization prior to providing the information either directly or indirectly through the Provider (such terms, for example, an NOA).
Organization agrees that it shall not seek legal action directly against a third-party provider 71Page
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without the prior written consent of the Organization in respect of an issue related to the Hosting Services.
2. 7 Restrictions on Use
Neither Organization nor any User may use the Hosting Services in any manner or for any purpose other than as expressly permitted by this Agreement. Neither Organization nor any User may, or may attempt to (a) modify, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Hosting Services (except to the extent AWS Content included in the Hosting Services is provided to Organization under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Hosting Services or apply any other process or procedure to derive the source code of any software included in the Hosting Services, (c) access or use the Hosting Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Hosting Services.
2.8 Suspension of Access and Use Rights
Provider may temporarily limit (in full or in part, as set forth in this Section 2.8) Organization's or any User's right to access or use the Hosting Services upon notice to Organization (which will be reasonable prior notice unless Provider reasonably believes immediate limitation is necessary) if Provider or its third party service provider reasonably determines that Organization's or a User's use of the Hosting Services poses a security risk or threat to the function of the Hosting Services, or poses a security or liability risk or threat to Provider, AWS, either of their affiliates or any third party. Provider will only limit Organization's right to access or use the instances, data or portions of the Hosting Services that caused the security or liability risk or threat. Provider will restore Organization's access and use rights promptly after Organization has resolved the issue giving rise to the limitation. Organization remains responsible for all fees and charges for the Hosting Services and Managed Services during the period of limitation.
2. 9 Termination
a) Either party may terminate this Agreement by providing written notice no less than ninety (90) days prior to the end of the then current term of this Agreement to the other party. Where the Organization has not provided written notice above, Provider shall provide its then current fees to Organization no less than 60 (sixty) days prior to the end of the then current term. Each renewal term will be based on the agreement of the two parties to a particular cost structure no less than 30 (thirty) days prior to the end of the then current term. Failure to achieve agreement on cost structure at the time designated by this section shall, at Provider's sole discretion, be deemed to be either a notice of termination or an agreement to renew under the existing price structure. b) Either party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement, and such breach remains uncured for more than thirty (30) days after receipt of written notice of such breach. c) In addition to the other termination rights set forth herein and despite anything to the contrary herein, Provider may terminate this Agreement immediately upon written notice 8jPage
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March 17, 2026, Item #6
to Organization(i) if Organization breaches any provision of Section 6.4 .. , Organization's confidentiality obligations under Section 6.2 or any intellectual property right of Provider or its third party service provider; or (ii) upon twenty (20) days' notice to Organization in order to comply with applicable law or requirements of governmental entities . d) Organization shall have the right to terminate this Agreement pursuant to section 3.1. e) This Agreement shall automatically terminate in the event that either the Licensing or Maintenance and Support agreements to which it attaches terminates or expires.
2.10 Effects of Termination
a) Upon termination of this Agreement, the following provisions will apply: (a) Organization will pay all amounts due under this Agreement up to and through the date of termination and all costs reasonably incurred in collecting the amounts due to Provider (including court costs, attorney fees, and repossession charges to the extent not prohibited by law) and (b) Organization will immediately cease all use of the Hosting Services. All terms and provisions of this Agreement that should by their nature survive the termination of this Agreement will survive termination or expiration of this Agreement for any reason. b) Both parties agree that the Provider has invested time, money and resources into the creation of hosting environment. If Organization terminates this Agreement other than in accordance with the terms of this Agreement, the parties agree that Organization will be required to pay to Provider as liquidated damages for compensation that cannot be readily determined, and not as a penalty, an amount which is equal to: (a) one hundred percent (100%) of the monthly recurring charge for each of the Hosting Services, multiplied by the number of months remaining in the then current term. In addition, Organization will be responsible for any other charges that Provider, acting reasonably, is liable to incur for the remainder of the then current term, including without limitation, installation charges, removal costs and rental costs, and Organization will forfeit a refund of any prepayment made for Hosting Services.
c) Upon termination of this Agreement for any reason and subject to 2.7(b) above in terms of costs, Provider will furnish the Organization with a copy of their Data unless (i) prohibited by law or the order of a governmental or regulatory body or it could subject Provider and/or its third-party service provider or their affiliates to liability, or (ii) Organization has not paid all amounts due under this Agreement. The anticipated services to supply this Data are one to two days and will be billed at Provider's then current daily rate. Upon the Organization confirming receipt of the Data, the Provider shall destroy all copies of the Data and erase all Data on the database and an Officer of the Provider shall certify the destruction and erasure to the Organization nonetheless.
Provider is required by law to continue to have a copy of the Data. Except where Provider has provided the Data to Organization pursuant to this Subsection, Provider shall not delete the Data for 90 days from the date of termination except where it receives the written instructions from Organization to do so unless Provider is required by law to continue to have a copy of the Data.
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The Organization will be able to revert to the non-hosted version of the software subject to the terms of any appropriate License and Services and Support and Maintenance Agreements.
d) Organization shall return to Provider or at Provider's option purge or destroy all copies of any Confidential Information of Provider or the third-party service provider including AWS Content (other than publicly available information on the AWS Site) in its possession or under its control (except as required under any statute or legislation related to retention requirements), and provide a duly authorized certificate of an officer of Organization confirming same within thirty (30) days.
ARTICLE Ill REPRESENTATIONS AND WARRANTIES
3.1 Warranty of Performance
During the duration of this Agreement, Provider warrants to Organization that the Hosting Services will perform substantially in accordance with the published user guides for the Hosting Services located at http://aws.amazon.com/documentation (and any successor or related locations designated by AWS), as such user guides may be updated by AWS from time to time.
3.2 No Other Warranties
TO THE GREATEST EXTENT PERMITTED BY LAW, THE HOSTING SERVICES AND MANAGED SERVICES THE HOSTING SERVICES ARE PROVIDED "AS IS," AND PROVIDER MAKES
NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR
CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE,
NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE,
MISUSE, OR INABILITY TO USE THE HOSTING SERVICES (IN WHOLE OR IN PART) THE
MANAGED SERVICES, OR ANY OTHER SOLUTIONS OR SERVICES PROVIDED TO ORGANIZATION BY PROVIDER. PROVIDER DOES NOT WARRANT THAT ALL ERRORS CAN BE
CORRECTED, OR THAT OPERATION OF THE HOSTING SERVICES SHALL BE UNINTERRUPTED
OR ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT ANY DATA WILL BE SECURE OR
NOT OTHERWISE LOST OR DAMAGED, OR THAT THE HOSTING SERVICES OR MANAGED SERVICES SHALL MEET ANY OR ALL OF ORGANIZATION'S PARTICULAR REQUIREMENTS. ANY
WARRANTIES RELATED TO SOFTWARE OR MAINTENANCE AND SUPPORT SERVICES ARE NOT
PROVIDED IN THIS AGREEMENT AND ORGANIZATION MUST RELY ON THE RELEVANT AGREEMENTS FOR ANY SUCH PROVISIONS.
ARTICLE IV FEES AND PAYMENTS
4.1 Fees and Payments
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a) The Organization agrees to pay the Provider the fees set forth in Schedule "B", Fee Structure and Payment Schedule. The Fees are exclusive of taxes. Organization agrees to pay all foreign, federal, state, provincial, county or local income taxes, value added taxes, use, personal, property sales and any other taxes, tariff, duty or similar charges that may be levied by a taxing authority (excluding taxes on Provider's net income. b) During the term of this Agreement, Provider shall, as set forth in Schedule "B" and from time to time, deliver invoices to Organization. Each invoice delivered to Organization by Provider shall be due and payable upon receipt thereof by Organization. c) Any direct expenses incurred by the Provider in accordance with this Agreement, or requested through Section 4.2, shall be reimbursed in accordance with Provider's reimbursement policy. Despite the foregoing any direct expenses must be pre-approved by the organization.
4.2 Change Orders
With respect to any proposed changes to the Hosting Services, the Managed Services, and the related services defined by this Agreement that do not materially impact the scope of either party's work effort required under this Agreement, the parties will cooperate in good faith to execute Change Orders in respect thereof and will not unreasonably withhold approval of such proposed changes. If either party causes or requests a change that, in the reasonable opinion of the other party, materially impacts the scope of the parties' work effort required under this Agreement, such as, but not limited to, changes in the allocation of the resources of the Organization and of the Provider applied to a task, changes in completion schedules for individual tasks or for overall implementation, and changes in staffing that require a party to provide additional work hours, the other party may propose a change to cover the additional work effort required of it. Approval of any such proposed changes will not be unreasonably withheld (it being acknowledged that any such material changes may require modifications to the consideration paid, and timelines governing, the Hosting Services and/or the Managed Services, as applicable), and any disputes regarding changes shall be handled initially by discussions between the parties which will be convened in good faith by the parties to resolve any such matters in dispute.
ARTICLE V REMEDIES AND LIABILITY
5.1 Organization's Indemnity Obligation
Organization is solely responsible for its Software, Data, and its Users' use of the Hosting Services in any way, and all legal liability arising out of or relating thereto. Organization shall defend, indemnify and hold Provider and its third party service providers and each of their respective officers, directors, employees and agents harmless from all losses, costs and damages arising in connection with Organization's use of the Hosting Services and resulting Data in violation of this Agreement, including but not limited to any third party claims that the inclusion, use, reference, incorporation of or linking to any third party materials or the Data violates or misappropriates any third party's copyright and/or other intellectual property, privacy or other rights, or that such use is illegal.
5.2 Remedies and Liability
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The Organization and the Provider recognize that circumstances may arise entitling the Organization to damages for breach or other fault on the part of the Provider arising from this Agreement. The parties agree that in all such circumstances the Organization's remedies and the Provider's liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Agreement.
a) EXCEPT FOR DAMAGES ARISING OUT OF THE PROVIDER'S INTENTIONAL
MISREPRESENTATION, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BOTH
PARTIES AGREE THAT THE PROVIDER'S LIABILITY (UNDER BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), IF ANY, FOR ANY DAMAGES
RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID TO PROVIDER BY
ORGANIZATION TO PROVIDER DURING THE THEN CURRENT TERM OF THIS AGREEMENT AND IN NO EVENT BEING GREATER THAN TWELVE (12) MONTHS b) IN ADDITION TO THE FOREGOING EXCEPT FOR A BREACH BY ORGANIZATION OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION 6 .2, AND A BREACH OF PROVIDER'S OR
ITS THIRD PARTY SERVICE PROVIDER'S INTELLECTUAL PROPERTY RIGHTS, NEITHER
PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED LOST REVENUE OR LOSS OF PROFITS(OTHER THAN A FAILURE OF
ORGANIZATION TO PAY THE FEES), LOSS OF OPPORTUNITIES OR GOODWILL, FAILURE
TO REALIZE EXPECTED SAVINGS, LOST OR DAMAGED DATA, OR COSTS OF
SUBSTITUTE GOODS OR SERVICES, OR UNAVAILABILITY OF THE HOSTING SERVICES,
EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE LIKELIHOOD OF THE
OCCURRENCE OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
c) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND OR ACTION
BY A PARTY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING
SUCH CLAIM, DEMAND OR ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT.
ARTICLE VI GENERAL
6.1 Force Majeure
Neither party shall be liable for delay or failure in performance resulting from acts beyond the control of such party including, but not limited to, acts of God, acts of war or of the public enemy; riots, fire, flood, or other natural disaster, acts of government, strike, walkout, communication line or power failure, failure in operability or destruction of the Organization's computer (unless by reason of the negligence of a party to this Agreement) or failure or inoperability of any software other than the Software. Any applicable delivery schedule shall be extended by a period of time equal to the time lost because of any such delay.
6.2 Confidentiality
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March 17, 2026, Item #6
a) Obligations The parties agree to keep confidential any and all Confidential Information with respect to the other party which it has received or may in the future receive in connection with this Agreement and shall only disclose such Confidential Information of the other party (i) to its agents, service providers, employees or representatives who have a need to know such information, for the purpose of performance under this Agreement and exercising the rights granted under this Agreement, and who are bound by non-disclosure obligations at least as protective of the other party's Confidential Information as this Agreement, or (ii) to the extent required by applicable law or during the course of or in connection with any litigation, arbitration or other proceeding based upon or in connection with the subject matter of this Agreement, provided that the receiving party shall give the disclosing party reasonable notice prior to such disclosure sufficient to allow the disclosing party the opportunity to apply for a protective order or other restriction regarding such disclosure and shall comply with any applicable protective order or equivalent. The parties each agree to hold the other party's Confidential Information in confidence and to take all reasonable steps, which shall be no less than those steps it takes to protect its own confidential and proprietary information, to protect the Confidential Information of the other party. All Confidential Information will remain the exclusive property of the owner. b) Duty Owed in relation to Data -In addition to any other restrictions on Provider's use of the Data, the confidentiality obligations above apply except to the extent that both parties agree that the Data may be subject to privacy laws, in which case that part of the Data does not fall under the definition of Confidential Information for the purposes of this Agreement. Where privacy laws permit owners of the Data to review such Data or to challenge the collection and storage of the Data, the Organization shall be responsible for dealing with the individuals and the Organization is responsible for the payment of Provider's personnel's time associated with responding to any such requests.
Organization shall indemnify and reimburse Provider in relation to all fees (including all reasonable legal fees) and other disbursements paid by Provider to comply with such requests, whether by an individual or a governmental body, or to challenge such requests at either Provider's or Organization's request.
6.3 Client Information, Data and Privacy
a) As between Provider and Organization, all Data will remain sole and exclusive property of Organization. Organization shall have the sole responsibility for the accuracy, quality, integrity, reliability, appropriateness and right to view and use Organization's Data.
Subject to the terms and conditions of the Agreement, Organization grants to Provider a non-exclusive license to access the Data for the purpose of performing the Hosting Services and Managed Services, and as necessary to comply with the law or a binding order of a governmental body. Unless it would be in violation of a court order or other legal requirement, Provider will give Organization reasonable notice of any legal requirement or order referred to in this Section 6.3, to enable Organization to seek a protective order or other appropriate remedy Subject to the foregoing, access to the 13IPage
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March 17, 2026, Item #6
Data shall only be by Provider's and its Third-Party Service Provider's employees and/or subcontractors whose job function requires access. Provider may not access the Data for any other purpose without the express written consent of Organization. If requested by Organization, Provider will provide a copy of the then current Data to Organization, at Organization's expense, by way of Oracle export file or equivalent. Access to Data by any outside party shall only be in accordance with the terms of this Agreement. b) Backup Data Retention Policies. It is understood that Provider provides backup and retention based on industry standards and practices, with Northstar products currently creating backups on a daily basis but backups retention period based on practices established with the customer. The software products currently create two types of backups, (i) Full Database Backup daily, with retention for thirty (30) days; and (ii) Virtual Server Backup, with daily backups retained for two (2) days and weekly backups retained for thirty (30) days.
c) Security Standards. It is understood that Provider deploys reasonably security standards based on industry standards, which currently include the following areas:
i. Service hosted to the internet uses cryptography
ii. Every external web application uses a Web Application Firewall (WAF) iii. Antivirus installed
iv. Firewall rules are applied controlling connections between any instance v. Vulnerability scanning frequently executed
vi. Operational Systems is updated every month
vii. Every 3rd party application is reviewed regularly to apply security updates available.
6.4 Data and Privacy Policy of Organization
The Organization covenants that the:
a) Data that is either provided to or acquired by Provider is owned exclusively by Organization and that the Organization has full right and title to provide the Data to Provider;
b) Data that is either provided to or acquired by Provider is subject to a privacy policy effective as of the Effective Date and for which Organization's customers have provided to Organization their consent for its collection, use and storage such that the consent allows Provider to collect, use and store the Data in accordance with this Agreement and where such storage can be provided by third-party subcontractors of Provider in any jurisdiction in North America;
c) Organization complies with all applicable laws, rules, regulations, and ordinances, including, without limitation, privacy and data protection legislation as of the Effective Date in the performance of its obligations hereunder in respect of any Data collected, used, transferred or disclosed pursuant to this Agreement and the use of Hosting Services; and
d) Organization will not provide Provider with data of any kind for which the Provider either has no need or does not have the right to store under the terms of this Agreement. 14 I Page
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March 17, 2026, Item #6
6.4.1 Organization Responsibilities
(a) Reporting Obligations:
The Organization shall promptly and accurately report to Provider any operational failures, incidents, problems, concerns, or complaints related to the Hosting Services. This includes, but is not limited to:
I) Security incidents or breaches, including unauthorized access, malware infections, or data exfiltration attempts
II) System downtime or unavailability that affects service level agreements (SLAs) Ill) Data loss, corruption, or unauthorized disclosure of confidential or personal data Non-compliance with applicable laws, regulations, or contractual obligations, including data protection and privacy laws (e.g., GDPR, HIPAA)
IV) Any other issues that may impact the confidentiality, integrity, availability, or privacy of the Hosting Services or third-party data contained in or used by the Hosting Services (b) Reporting Process:
The Organization shall promptly report such incidents to Provider via the TeamSupport customer portal or other designated communication channels. The report shall include all relevant details, including but not limited to:
I) A detailed description of the incident or issue
11) Date and time of occurrence and detection
Ill) Systems, services, or data affected
IV) Impact assessment, including potential or actual harm to data subjects or business operations
V) Immediate containment or mitigation actions taken by the Organization VI) Contact information for the responsible personnel or incident response team (c) Cooperation and Documentation
The Organization shall fully cooperate with Provider in investigating, mitigating, and resolving any reported incidents. This includes but is not limited to:
I) Providing timely and complete access to relevant logs, records, and personnel II) Supporting root cause analysis and corrective action planning Ill) Retaining and providing documentation of incident response activities for audit and compliance purposes
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March 17, 2026, Item #6
IV)
Participating
in
post-incident
reviews
as
requested
by
Harris
6.5 Mediation Except
for
termination
under
subsection
2.6(c), the
parties
agree
to
submit
any
claim,
controversy
or
dispute
arising
out
of
or
relating
to
this
Agreement
or
the
relationship
created
by
this
Agreement
to
non-binding
mediation
before
bringing
a claim,
controversy
or
dispute
in
a
court
or
before
any
other
tribunal.
The
mediation
is
to
be
conducted
by
either
an
individual
mediator
or
a
mediator
appointed
by
mediation
services
mutually
agreeable
to
the
parties.
The
mediation
shall
take
place
at
a time
and
location
which
is
also
mutually
agreeable;
provided;
however,
in
no
event
shall
the
mediation
occur
later
than
ninety
(90)
days
after
either
party
notifies
the
other
of
its
desire
to
have
a dispute
be
placed
before
a
mediator
. Such
mediator
shall
be
knowledgeable
in
software
system
agreements.
The
costs
and
expenses
of
mediation,
including
compensation
and
expenses
of
the
mediator
(and
except
for
the
attorneys'
fees
incurred
by
either
party),
is
to
be
shared
by
the
parties
equally.
If
the
parties
are
unable
to
resolve
the
claim,
controversy
or
dispute
within
ninety
(90)
days
after
the
date
either
party
provides
the
other
notice
of
mediation,
then
either
party
may
bring
and
initiate
a
legal
proceeding
to
resolve
the
claim,
controversy
or
dispute
unless
the
time
period
is
extended
by
a
written
agreement
of
the
parties
.
6.6 Trade
Compliance.
In
connection
with
this
Agreement,
each
party
will
comply
with
all
applicable
import,
re
import,
sanctions,
anti-boycott,
export,
and
re-export
control
laws
and
regulations,
including
all
such
laws
and
regulations
that
apply
to
a
U.S
. company,
such
as
the
Export
Administration
Regulations,
the
International
Traffic
in
Arms
Regulations,
and
economic
sanctions
programs
implemented
by
the
Office
of
Foreign
Assets
Control.
Organization
is
solely
responsible
for
compliance
with
applicable
laws
related
to
the
manner
in
which
Organization
chooses
to
use
the
Hosting
Services,
including
(i)
Organization's
transfer
and
processing
of
Data,
(ii)
the
provision
of
Data
to
Users,
and
(iii)
specifying
the
AWS
region
in
which
any
of
the
foregoing
occur.
Organization
represents
that
Organization
and
the
entities
that
own
or
control
Organization,
and
the
financial
institutions
used
to
pay
Provider
under
this
Agreement,
are
not
subject
to
sanctions
or
otherwise designated
on
any
list
of
prohibited
or
restricted
parties,
including
but
not
limited
to
the
lists maintained
by
the
United
Nations
Security
Council,
the
U.S.
Government
(e
.g., the
U.S.
Department
of
Treasury's
Specially
Designated
Nationals
list
and
Foreign
Sanctions
Evaders
list,
and
the
U.S.
Department
of
Commerce's
Entity
List),
the
European
Union
or
its
member
states,
or
other
applicable
government
authority
6. 7
Addresses
for
Notice
Any
notice
required
or
permitted
to
be
given
to
any
party
to
this
Agreement
shall
be
given
in
writing
and
shall
be
delivered
personally,
mailed
by
prepaid
registered
post
or
sent
by
facsimile
to
the
appropriate
address
or
facsimile
number
set
out
below.
Any
such
notice
shall
be
conclusively
deemed
to
have
been
given
and
received
on
the
day
on
which
it
is
delivered
or
transmitted
if
personally
delivered
or,
if
mailed,
on
the
third
business
day
following
the
date
of
mailing,
and
addressed,
in
the
case
of
the
Provider,
to:
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51 March 17, 2026, Item #6
HASSAN ZAKI -NORTHSTAR
N. HARRIS COMPUTER CORPORATION
1 Antares Drive, Suite 400
Ottawa, Ontario K2E 8C4
613-226-5511
and in the case of the Organization, to:
Brad Rosen
City of Poway
P.O Box 789
Poway, CA 92064
USA
6.8 Assignment
Neither party may assign any of its rights or duties under this Agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld, except that either Party may assign to a successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status. The Agreement shall inure to the benefit of and be binding upon the Parties to this Agreement and their respective successors and permitted assigns.
6. 9 Entire Agreement
This Agreement together with the Policies which are incorporated herein by reference shall constitute the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Provider by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. This Agreement shall not be interpreted against one party or the other on account of drafting.
6.10 Independent Contractor
Organization engages Provider under this Agreement solely as an independent contractor to perform Provider duties which are described in this Agreement. Organization and Provider expressly acknowledge and agree that Provider is the independent contractor of Organization and nothing contained in this Agreement or which otherwise exists shall be construed by Organization, Provider or any third person or entity to create a relationship of joint venturers, partners, or employer and employee.
6.11 Governing Law
This Agreement shall be governed by the laws of the United States, as applicable therein; provided, however, that the Uniform Computer Information Transaction Act will not apply even if adopted as part of the laws of said State or Province. The parties agree that this contract is not 17 I Page
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March 17, 2026, Item #6
a contract for the sale of goods; therefore, this Agreement shall not be governed by any codification of Article 2 or 2A of the Uniform Commercial Code, or any references to the United Nations Convention on Contractors for the International Sale of Goods.
6.12 Invalidity
The invalidity or unenforceability of any provision or covenant contained in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained and any such invalid provision or covenant shall be deemed to be severable.
6.13 Counterparts
This Agreement may be executed in counterparts (whether by facsimile signature or otherwise), each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument.
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March 17, 2026, Item #6
IN
WITNESS
WHEREOF
the
parties
hereto
have
duly
executed
this
Agreement
on
the
day
and
year
first
written
above.
22 of
51 N.
HARRIS
COMPUTER
CORPORATION
Per
:
Name: Title
:
Date: City
of
Poway,
CA
Per
:
Name
:
Title
:
Date:
19 I Pag
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March 17, 2026, Item #6
Schedule "A" -Hosting Services, Managed Services, and Service Levels The Hosting Services provided will ensure, under recommended and normal operation of the hosted solutions, that;
(a) Provider will provide all facilities, equipment, software and services required to operate the Software, provide secure access to Organization's Users, and store all data entered and maintained by Organization's Users through use of the Software Product.
Equipment, in this context, will not be confused with computers, network and associated equipment at Organization's facility and elsewhere, which is used by the Organization's Users to access the internet, all of which is supplied by Organization and/or Organization's Users.
(b) Provider will provide access to the Software to Organization's Users. Such access will be provided 24 hours per day, 7 days per week, subject to scheduled periods of non availability as described below.
Availability and Uptime Objectives
Availability of the Software Hosting Services is defined as when the Software Hosting Services are operational and accessible via a public internet connection. Northstar shall strive to make the Software Hosting Services available 100% of the time. However, the Software Hosting Services may be unavailable during certain downtimes. Northstar shall not be responsible for any failure to make the Software Hosting Services available under the following circumstances:
a) Routine scheduled downtime: Periods of time for the purpose of conducting routine system maintenance. In such event, Northstar shall use commercially reasonable efforts to provide Customer with a minimum of three (3) business days prior to any period of scheduled downtime, and shall use commercially reasonable efforts to limit any such routine system maintenance to weekends between the hours of midnight and 6 AM ET.
b) Emergencies: Northstar reserves the right to suspend the Software Hosting Services and Customer's access to the Software Hosting Services in the event of an emergency or other non-routine maintenance event wherein it is deemed appropriate by Northstar, without prior notice to Customer, to address a critical system issue. In such event, Northstar will use commercially reasonable efforts to notify Customer of such suspended access as soon as possible and to restore access the system as soon as practically feasible.
c) Customer's network infrastructure: Customer's network infrastructure (equipment, software or other technology) is failing or causing the Software Service to be unavailable. This includes Customer's connection to the Internet or an Internet failure beyond the control of Northstar.
d) A breach of the Agreement by Customer, its employees, subcontractors or agents ("Customer Representatives").
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March 17, 2026, Item #6
e) An error or the negligence or intentional acts or omissions of Customer Representatives or Users.
f) Unforeseen capacity increases based on changes in Customer's business processes or methods.
g) Any other force majeure event, as set out in Section 8.21 of the Agreement.
Security
1. Without limiting your obligations under the Agreement, Northstar shall store and process data in accordance with industry standard practices.
2. Response to Legal Orders, Demands or Requests for data. a. Where permitted by law Northstar shall:
i. Promptly notify the Customer of any subpoenas, warrants, or other legal orders, demands or requests received by Northstar seeking Data; ii. Consult with the Customer regarding its response;
iii. Cooperate with the Customer's reasonable requests, at Customer's expense, in connection with efforts by the Customer to intervene and quash or modify the legal order, demand or request; and
iv. Upon the Customer's request, provide the Customer with a copy of its response.
b. If the Customer receives a subpoena, warrant, or other legal order, demand ("requests") or request seeking Data maintained by Northstar, Customer will promptly provide a copy of the request to Northstar. Northstar will, where permitted by law, promptly supply Customer with copies of records or information required for the Customer to respond, and will cooperate with the Customer's reasonable requests, and at Customer's expense, in connection with its response.
Standard Technical Services for Hosted Environments
Service Activity Description Estimated
Frequency
Database Logging This is the required management of the Scheduled Management transaction log space.
Database Temporary Space This service is to ensure that the MS SQL Management Server temporary space has the adequate Scheduled resources as the system is used and the database grows in size.
Database Backup Routine This service is to ensure that the appropriate Management drives & files are1 backed up accordingly in Scheduled the event restores or recovery is required.
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March 17, 2026, Item #6
Database Backup Routine This service is to provide notifications on the Confirmation success and failure of the database backup Scheduled routines.
Database Index This is a weekly rebuild off all of the indexes Defragmentation to manage database fragmentation to Weekly prevent performance issues.
Database Integrity Validation This routine checks the validation of table & index consistency, system catalogs, and Weekly allocated structures. The routine will attempt to repair any issues discovered.
Database Statistic Updates The update statistics plan will ensure that metrics on the data count and distribution
within a column or columns used by the Weekly
database optimizer are kept up to date for
query efficiency.
Database Patch Management As MS SQL patches are released by Microsoft they will be reviewed and applied Monthly
as required.
Database Recovery In the event the database has to be restored As or recovered Harris will perform the Required necessary tasks.
Database Test Database Refreshing Test environment Quarterly Refresh Database Archive/Purge Configure a new archive database and put processes in place to archive application Up to Semi-
information into this new database. As of a Annually
user defined date.
Operating Patch Management As MS Server patches are released by System Microsoft they will be reviewed and applied Monthly as required.
Operating File System This task is to manage the file system to System Maintenance ensure system drives do not become full and Weekly have appropriate resources allocated.
Operating Printer As new servers are added within your physical System Administration on location they will need to be added or the TM Server managed on the Terminal Server. NorthStar As will add or manage these new endpoints on Required
the Terminal Server within the hosted
environment.
Operating Backup Routine This service is to ensure that the appropriate System Management drives & files are being backed up Scheduled accordingly in the event restores or recovery is required.
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March 17, 2026, Item #6
Operating Backup Routine This service is to provide notifications on the Scheduled System Confirmation success/failure of the system backup outlines Operating Backup Routine This routine will be a manual extraction and System Validation review of the backup files for validation of Monthly content and an integrity check on the files
Health Server and Ongoing monitoring of servers and databases Check database to fix, tune, and modify for optimal Ongoing performance performance.
management
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March 17, 2026, Item #6
Schedule
"B"
-
Standard
Support
Guidelines
Help
Desk
Hours
Standard
hours
are
from
8:00
am
to
8:00
pm
EST
Monday
through
Friday,
excluding
designated
statutory
holidays.
Customer
requested
Support
is
available
outside
of
standard
hours
and
is
billable
on
an
hourly
basis
(minimum
number
of
hours
will
apply)
at
a
rate
of
$338/hr
. Weekend
assistance
is
available
and
must
be
scheduled
in
advance
(and
is
billable
on
an
hourly
basis
with
a
minimum
number
of
hours
that
apply)
.
Holiday
Schedule
Northstar
Support
Services
will
be
closed
on
the
Canadian
and
US
statutory
holidays
below
.
Support
will
be
available
on
all
Canadian
statutory
holidays
when
there
is
no
US
corresponding
statutory
holiday.
New
Year's
Eve
Early
Closure
New
Year's
Day
Closed
Labor
Day
Closed
Christmas
Eve
Early
Closure
Christmas
Day
Closed
Boxing
Day
Early
Closure
Customer
Care
Program
•
Technical
Support
Bulletins
•
Communication
on
new
products
and
services
•
Dedicated
Customer
Support
Account
Lead
as
first
point
of
contact
as
required
•
Participation
in
Regional
User
Group
Meetings
•
Participation
in
Northstar
Webinars
•
Opportunity
to
take
part
in
validation
and
focus
groups
•
Opportunity
to
take
part
in
Harris
Annual
Customer
Conference
"So
ftware
for
Life"
Guarantee
•
Support
on
existing
Harris
software
applications
for
life
o
Products
reach
the
end
of
their
product
life
cycle for
a
number
of
reasons
. These
reasons
include
market
demands,
technology
innovation
and
development
driving
changes,
or
the
products
simply
mature
over
time
and
are
replaced
by
functionally
richer
technology
. If
Northstar
determines
a
product
to
be
end
of
support
we
will
ensure
the
existing
product
software
license
grants
access
to
new
platforms
Within
the
same
product
class.
•
Software
transferability
and
cost
effective
upgrades
TeamSupport
Access
24/7
•
Open
new
tickets
•
View
open/closed
tickets
for
your
organization
•
Post
Screen
Recordings
and
Video
Recordings
to
tickets
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51 March 17, 2026, Item #6
• View Knowledge Base Articles
• View Product Information
• Report on Ticket Metrics
• Find out the latest Northstar News; Events; Product Releases Ticket Priorities
In an effort to assign our resources to incoming tickets as effectively as possible, Northstar has identified four types of ticket priorities PO, P1, P2 and P3.
PRIORITY O -PRODUCTION DOWN
Deemed by Northstar Team to be Extremely High Priority (Production Only) Production Down
Complete loss of service
PRIORITY 1 -BUSINESS CRITICAL
Deemed by Northstar Team to be of high priority as NO workaround exists Performance issue impacting critical processes
No workaround exists
Examples: Inability to create bills
PRIORITY 2 -MEDIUM TO HIGH BUSINESS IMPACT
Deemed by Northstar Team to be important; however, workarounds are available State of Degraded Performance
Workaround exists.
Examples: usability issues; non-critical performance issue; calculation issues PRIORITY 3 -MINIMAL BUSINESS IMPACT/REQUESTS
Deemed by Northstar Team to be more general/cosmetic in nature OR Scheduled Minimal Business Impact
General Product Issues/Questions/ Aesthetic Issues/Formatting Issues/Questions on Documentation
Enhancement Requests/Requests for Statement of Work/To be Scheduled items NOTE: Northstar reserves the right to reclassify the priority level at any time if we reasonably believe the classification is incorrect.
Response Times
Response times will vary and are dependent on the priority of the call. We do our best to ensure that we deal with incoming cases in the order that they are received; however, cases will be escalated based on the urgency of the issue reported.
NorthStar's standard response times are as follows:
Priority O
Priority 1
Priority 2
Priority 3
Standard Software Re/eases and Updates
• Defect corrections
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Response within 2 business hours
Response within 4 business hours
Response within 8 business hours
Response within 24 hours
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March 17, 2026, Item #6
• Planned enhancements
• Payroll regulated changes (additional charges may apply) • Participation in BETA program
• Release notes
• State, Province and/or Federal mandated changes (additional charges apply) Scheduled Assistance for Updates During Regular Business Hours • Additional charges apply outside of regular business hours. • Charges may apply depending on scope of work.
Third Party Support
Standard Third Party Support and Maintenance Services are provided, for those clients with maintenance on 3rd party products, based on the descriptions below. Northstar provides 1st line support for all 3rd party products listed below and will escalate to the vendor if required. Please note that 3rd party installations & preventative maintenance services are not included as part of your maintenance unless otherwise indicated below.
a) Microsoft SQL Server
• Initial SQL Server installation & configuration
• Establish database connections to Northstar database
• Limited troubleshooting and/or repair of database related issues b) 4Js (3rd Party graphical user interface software)
• Entitlement to new GUI software releases
• Installation and configuration for test and live Northstar environments • Limited troubleshooting and/or repair of database related issues c) BitStew (As part of the CustomerConnect web portal)
• Installation & configuration for test and live CustomerConnect environments d) IBM Cog nos (as part of the Reports Anywhere reporting solutions) • Initial installation & configuration of IBM Cognos for use with Reports Anywhere • Set up of IBM Cognos license/establishment of connections with the Northstar software
• Limited assistance in utilizing embedded report writer functionality. • Updates to IBM Cognos data model which reflect changes in Northstar database schema due to upgrades
• Limited assistance in locating information within the IBM Cognos data model • Assistance with existing reports
NOTE: Northstar recommends Microsoft SQL Server and supports Microsoft supported versions of the SQL database. Those versions of SQL Server that are no longer supported by Microsoft should no longer be considered supported by Northstar.
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March 17, 2026, Item #6
Billable Support Services
The list below are deemed to be out of scope from our standard Annual Maintenance and Support Agreement. These items may be optionally available as billable services and includes, but may not be limited to;
• Post Go-Live Training
• Post Go-Live Project management
• Form creation and redesign
• Handheld interface of new interface, setups and changes • Setup of new services or changes to services (PAP, ACH, etc) • File imports and exports and interfaces to other applications • Refresh backups, restores, setting up test areas
• Setup of new printers, printer setup changes
• Custom modifications (reports bills, forms, reversal of customizations) • Setting up additional companies/agencies/tokens/general ledgers • Data conversions and global modification to setup table data • Database maintenance, repairs and optimization (unless specifically listed as a Support deliverable)
• Extended hardware and operating system support
• Upgrades and support of third-party software
• Installations and re-installations (workstations, servers) • Creation of Test databases and environments
NOTE: Modifications to data in the Northstar database via non-sanctioned Northstar solutions or partner solutions are strictly prohibited and not supported.
Test Databases & Environments
Northstar recommends that customers maintain an independent Test environment for testing purposes. This allows customers the opportunity to test fixes, modifications, new business processes and/or scenarios without risking any potentially unwanted changes to the Production (Live) environment. The creation of additional Test databases & environments is a billable service, if performed by Northstar Support post Go-Live. 27 I Page
30 of 51
March 17, 2026, Item #6
Connec
tion
Information
1. Direct
Tunnel
2. VPN
-Example
:
a.
Cisco
Any
Connect
b.
Microsoft
VPN
C.
Forti
Client
d.
SonicWall
Net
Extender
e.
Bomgar
f.
Global
Protect
g.
Zywall
3. Web:
a.
Citrix
b.
BomgarWeb
C.
Beyond
Trust
d.
CyberArk
4. Customer
controlled
connections:
a.
WebEx
b.
GoToMyPC
How
to
Contact
Us
Existing
customers
can
login
to
our
Customer
Hub
at:
https
://northstarutilitiessolutions
.na2
.teamsupport
.com/login/user
Contacts
for
Escalations
1 .
Dawn
lvanochko
•
Director,
Support
Services
•
1-888-847-7747
X2032
•
[email protected]
2. Diane
Vieson
•
Manager,
Support
Services
•
1-888-847-7747
X2012
•
[email protected]
3. Brian Ladd
•
Manager,
Support
Services
•
[email protected]
4. Karen
McKernan
•
Vice
President,
Support
Services
•
1-888-847-7747
X2744
•
[email protected]
31 of
51 28
I Page
March 17, 2026, Item #6
32 of 51
NORTHISTAR™
UTILITIES SOLUTIONS
Statement of Work:
Northstar Cloud Migration and
CIS7 Suite Upgrade Project
City of Poway, CA
February 13, 2026
SOW VALID UNTIL: APRIL 13, 2026
ATTACHMENT B
March 17, 2026, Item #6
TABLE OF CONTENTS
1. Introduction .................................................................................................................... 3
1.1. Objective ............................................................................................................................... 3
2. Service Description ......................................................................................................... 4
2.1. Areas within Scope .............................................................................................................. 4
2.1.1. Cloud Migration Scope ................................................................................................ 4
2.1.2. Upgrade Scope ............................................................................................................. 4
2.1.3. Modules in Scope ........................................................................................................ 4
2.1.4. Integrations .................................................................................................................. 5
2.1 . 5. Data Transfers ............................................................................................................. 5
2.1.6. CIS7 Suite Installation ................................................................................................. 6
2.1.7. Training ......................................................................................................................... 6
2.1.8. CIS7 User Acceptance Testing (UAT) ........................................................................ 7
2.1. 9. Northstar Go LIVE ........................................................................................................ 7
2.1.10. Northstar Post LIVE Support ...................................................................................... 7
2.1.11. Poway Upgrade Responsibilities ................................................................................ 8
2.1.12. Poway Migration Responsibilities .............................................................................. 8
2.1.13. Engagement Completion Criteria ............................................................................... 9
2.2. Areas Out of Scope ............................................................................................................ 1 O
3. Estimated Timeline ....................................................................................................... 11
4. Change Management Process ....................................................................................... 13
5. Fees & Payment Schedule ............................................................................................. 14
5.1. Fees ..................................................................................................................................... 14
5.2. Payment Schedule ............................................................................................................. 14
5.3. Travel and Living Expenses ............................................................................................... 15
6. Termination .................................................................................................................. 16
7. Project Assumptions ..................................................................................................... 17
8. Document Acceptance and Signoff ................................................................................ 19
9. Appendix A-CIS7 -Hardware Recommendations ......................................................... 20 2 33 of 51
March 17, 2026, Item #6
1. INTRODUCTION
Poway, hereafter referred to as "Poway", requires an on premise to cloud migration, along with an upgrade of their current Northstar customer information and billing system from Northstar version 6.x to Northstar version 7. Northstar 6.x and CIS7 share the same core business logic and leverage the years of investment both Poway and Northstar have made in your current CIS/billing system. The billing engine and many of the processes will not be affected by the upgrade. However, significant changes have been made to the user interfaces and how Poway will access them.
The purpose of this document is to provide information on the features and value of CIS7 Suite, along with the level of effort associated with the upgrade.
An AWS hosting and managed services agreement will be signed under separate cover.
1.1. Objective
This Statement of Work (SOW) defines the work to be performed by Northstar, an unincorporated division of N. Harris Computer Corporation, for Poway CIS Northstar 6.x to CIS7 Suite upgrade and cloud migration. This SOW includes a high-level timeline, fees, and other terms and conditions specific to the services requested by Poway.
Any additional requests for services that are not defined within this SOW will result in change orders with applicable fees. Changes to this document shall be made through a change management process as described later in this SOW.
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3 March 17, 2026, Item #6
2. SERVICE DESCRIPTION
2.1. Areas within Scope
2. 1. 1. Cloud Migration Scope
Northstar applications to be ported to the new Poway environment include:
• Northstar CIS
• Cognos Reports Anywhere (RAW)
• Executive Information System (EIS)
• eDocs
• CC6
• Existing integrations currently in production as noted in section 2.1.5 below
2. 1.2. Upgrade Scope
The scope of this statement of work is to upgrade Poway's Northstar CIS version 6.x to CIS7 Suite.
Poway will also change their environment from fully on-premise servers to a Northstar Amazon Web Services (AWS) Cloud Hosted environment with cloud hosting managed services.
Migration Notes:
Northstar will configure database synchronization to an on-premise SQL environment. This will have an incremental daily backup performed and placed on a network accessible by Poway.
Poway is responsible for importing into their local SQL environment.
2. 1.3. Modules in Scope
The following modules will be implemented as part of this upgrade:
• User Dashboard
o Task Management
o Quick Links
o Billing Calendar
• CSR7
o Customer, Account and Service Location information
o Contact Roles, Addresses, Phone Numbers and Email Addresses o Balance, Billing and Account Transaction History
o Service Details, Usage History, Start/Stop Dates, and Status o Meter Information and Reading Instructions
o Update Rates, Add Payment Plans, Arrangements and Alerts o Generate and View Logged Calls and Service Orders
o Access to electronic files through SkyDocs
• Biller7
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o Information Center -Dashboards, Highlights Panel, and Meter Reading Entry o Reading Management -Reading Load, Import File Creation, Export File Translation, Reading Verification, and Transfer to Billing
o Billing Management -Transfer Warning, Accounts Review, Bill Calculation, Verification Listing, Bill Print, Journal Print, and Post 4 March 17, 2026, Item #6
o Finals Processing -Loading Finals From Account Review, Load Finals Filter, Final Readings Transfer to Billing Report
• Cashier7
o Counter Payments
o Electronic Payments
o Payment Reversals
o Payment Plan Calculations, Reviews and Removals
• Collections?
o Multi-level Collection Process
o Generate Late Payment Penalties
o Load and process Write Offs
o Load and process Liens
o Load and process credit or deposit refunds
• Analytics?
o EIS Reports
o Trial Balance and Aging reports
o Development of customer-specific reports using advance data modelling • Admin7
o Security configuration
o General Ledger configuration and file generation
o Cashiering configuration
o Billing configuration
o Rates
o Meter Inventory
2. 1.4. Integrations
Northstar applications, known integrations and integration points that will be ported to the new CIS7 environment are:
• Financials -GL and AP
• Lockbox Payments
• Pre-Authorized Payments
• Online Payments
• Meter Reading Import/Export
Supported Integrations
• lnvoiceCloud
• lnfoSend
Other Known Integrations:
• Open Gov Asset Management (Formerly Cartograph), (flat file) • ESRI (SQL Link)
• Tokay (SQL Read)
Requests for new or updated integrations will be considered out of scope and inclusion will be handled via the Change Management process.
2.1.5. Data Transfers
This upgrade project includes three (3) data transfers throughout the project. The initial data refresh will be included with the installation of CIS7 for training and UAT. The second data 36 of 51
5 March 17, 2026, Item #6
refresh will be performed upon completion of UAT, in preparation for End User training. The final data refresh will be performed upon Go LIVE cutover. Requests for additional data transfers will be considered outside the scope of the project and will be handled via the Change Management process.
2. 1. 6. Migration and Upgrade Approach
A Northstar Project Manager (PM) will be the primary point of contact for Poway on the Northstar migration and upgrade. The PM has the overall accountability to successfully deliver the services required for a successful version 7 upgrade within agreed upon timeframe and budget. The project team will directly report to the PM and the PM will have the authority and support to manage the project team in the best interest of the project. The PM is also accountable for the following high-level project activities:
• Interface with Poway assigned PM.
• Conduct regular internal project meetings to ensure that all aspects of the project are understood by the team and that progress and risks are properly reported. • Conduct regular project meetings with Poway.
• Review of project status, schedule, risks, resources as well as any other issues that may affect the success of the project.
2. 1. 7. C/S7 Suite Installation
• Build the Cloud Hosted environment for Poway including the database, interface connections, Northstar CIS and the above-noted modules. • Upgrade the new database to CIS7 patch level.
• Backup the Northstar CIS database from the existing production server • Restore backup and configure database access to the new Northstar instance • Update application to current CIS7 release
2.1.8. Training
Training will consist of ten (10) days of onsite training.
For CSR7, remote training will be delivered remotely, and this is in addition to the 1 O days of onsite training.
Core Team Training:
The Core Team Training sessions are held with the Core User Group. The objective of these sessions are to introduce users that have been working on the Northstar 6.x software to the -new CIS7 Suite product. The CIS7 Suite GUl-(Graphical User Interface) is a significant change from the version 6.x GUI, and one of the primary goals of these sessions is to reassure all users that although the look and feel of the application may have changed, the core functionality remains the same. There will be time spent on initiation to the navigation of the various modules, as well as reviewing the business processes specific to your utility. Upon completion of the Core Team Training sessions, the Core User Group will be able to proceed with CIS7 Suite User Acceptance Testing.
6 37 of 51
March 17, 2026, Item #6
End User Training:
The End User Training is held with the group of end-users that will be working with the application once it is live. As some of these users will not have taken part in the Core Team training, the first area of focus for the training sessions is targeted to the areas that are specific to the day-to-day work of the end-users attending the session. Agendas for the training are created in collaboration with Poway prior to the training sessions.
2.1.9. C/S7 User Acceptance Testing (UAT)
• Northstar will provide standardized test plans that will be adjusted to reflect the <Customer's> current service offerings, but these will not reflect <Customer's> specific processes and business rules. Upon completion of testing, Poway will submit a signed copy of the UAT test plans confirming all areas of the CIS7 Suite have been successfully reviewed as a prerequisite for Northstar to schedule the Go Live activities. • Poway will have four (4) weeks to complete the initial round of User Acceptance Testing.
Northstar will have two weeks of remediation for all priority 1 issues. Poway will then have two weeks of remediation testing prior to scheduling End User Training and Go LIVE.
• If a project delay is encountered due to external factors outside of NorthStar's control, and User Acceptance Testing needs to extend beyond the initial four week and subsequent two week windows for UAT remediation testing, Northstar and Poway will analyze the results of this external factor on the project timeline to determine if there is a need for a change request to reflect a substantial change to the project plan, budget, ortimeline.
2. 1. 10. Northstar Go LIVE
• Perform a final data transfer to the CIS7 Suite database. • Upgrade the new database to CIS7 Suite patch level.
• Apply permanent client licenses to the new CIS7 database. • Disable user access to Northstar 6.x.
2. 1. 11. Northstar Post LIVE Support
• Provide 5 days of onsite support with a Northstar Application Consultant the first week of LIVE.
• Create the CIS7 Suite Staging instance.
• Provide dedicated remote support with Northstar Application and Technical Consultants for 20 business days Post LIVE before transitioning Poway back to Northstar Support Services.
7 38 of 51
March 17, 2026, Item #6
2. 1. 12. Poway Upgrade Responsibilities
Following are the key responsibilities of Poway under this agreement:
• Assign a project lead to act as an internal resource and guide throughout this engagement.
• Provide appropriate staff during relevant phases of the project including decision makers and those familiar with day-to-day operations.
• Provide access and support from the IT group and any other stakeholder, as deemed necessary by Northstar throughout this engagement.
• Provide appropriate training facilities for Core Team and End User training sessions. • Conduct User Acceptance testing.
• Assist with End User Training which will be run by Northstar. If Poway requires additional training sessions due to staff size, a Change Order will be issued for the effort. • Lead Go LIVE activities
2. 1. 13. Poway Migration Responsibilities
• Configure peripheral devices (printers, scanners, cash drawers, etc.). • Northstar provides Operational System and DBMS licenses for applications hosted in our Cloud offering. It does not include dependencies installed on the customer network (on-premise).
• Northstar provides valid SSL certificates for applications hosted in our Cloud offering. It does not include certificates for on-premise dependencies, such as APls or 3rd party software. If requiring a customized URL other than the default Northstar URL, Poway is responsible to approve the certificate generation upon the Certificate Authority used by Northstar.
• DNS (Domain Name System) configurations for domains not under Northstar responsibility.
• Ensuring Northstar has direct, dedicated remote technical connection capabilities with administration access to any server that the Northstar applications reside on for the duration of the project.
• If the hosted application needs to connect with non-hosted application (on-premise), Poway is responsible for network configurations on the customer side to establish network communication. This configuration might include:
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o Exposing some on-premise APls to the internet, using HTTPS, and filtering by source IP address. Northstar supports the HTTPS installation in Northstar products, but the network configuration and the SSL certificate are Poway's responsibility
· o Installing a site-to-site VPN. Northstar will try to use the internet over SSL and IP filtering to reduce the complexity. However, if a VPN is mandatory, Poway is responsible to provide, configure, and maintain the VPN peer on the customer side.
o Allowing SFTP connection from the customer network to the hosted environment. This is necessary for file-based integrations other than API integration.
8 March 17, 2026, Item #6
2. 1. 14. Engagement Completion Criteria
The Engagement is deemed completed once the upgraded application has been deployed to the live environment for twenty business days, and any Priority 1 items raised during that period have been resolved. Northstar has the exclusive right to classify call types according to the definitions below.
Call Type
Priority 1 -
Urgent or
High Priority
Priority 2 -
Medium Priority
Priority 3 -
Low Priority
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Definition
• System Down (Software Application, Hardware, Operating System, Database) • Impacts Critical Business Function without an alternate solution • Performance issues of severe nature impacting critical processes.
Critical business functions are defined as:
• Production system down and complete loss of service
• Bill generation (all bills)
• Payment processing
• Meter reading load
• Critical-scored (CVSS 9.0-1 O) security vulnerabilities • Compromised data integrity related to core product offering • System errors that have interim solutions and defects that prevent important business functions without an alternate solution
• Impact to business function is not critical:
o Performance issues not impacting critical processes
o Usability issues
o Workstation connectivity issues (Workstation specific) Important business functions are defined as:
• Bill generation (subset of bills)
• Account information lookup
• Bill reprint
• Meter creation and association
• Credit control
• Move-ins and move-outs
• Letter prints
• Call/service order management
• High-scored (CVSS 7.0-8.9) security vulnerabilities
• Minimal or no impact to critical business function
• Report formatting issues
• Training questions, how to, or implementing new processes • Aesthetic issues
• Issues with alternate solutions for large majority of accounts • Recommendations for enhancements on system changes
• Questions on documentation
9 March 17, 2026, Item #6
2.2. Areas Out of Scope
Anything in this section and not listed in the above "Areas within Scope" is considered out of scope for this SOW. Specific items that are currently out of scope of this engagement include:
• Additional User training if deemed required above End User training. • Post Live Refresher training if deemed required following Go LIVE. • Migration of Northstar add-ons, not outlined as In Scope .. • Professional Services related to data archive and purge activities. • Migrating automated scheduled tasks
10 41 of 51
March 17, 2026, Item #6
3. ESTIMATED TIMELINE
While the estimated duration of this engagement is approximately 8 months, a phased approach will be used to ensure sufficient time to successfully transition to an AWS environment as well as the adoption of the new user interfaces in the CIS7 Suite. The possibility and feasibility of a reduced duration will be evaluated during the Customer Preparation phase as it will depend on what needs to be ported to CIS7, availability of resources and involvement of Poway. Adherence to the project plan and timeline is critical. Northstar will prepare a formal project plan and timeline. Poway will review, provide comments on, and provide Northstar with approval of the project plan and timeline.
Anticipated Project Phases:
Phase 1:
Will include building the new environment(s), all migration activities, transferring the data, and ensuring users have access to the software and are familiar with new login procedures.
Phase 2:
Will include core team training on the new CIS7, CSR7 as well as time to complete User Acceptance Testing on these three modules.
Phase 3:
Will include implementation and core team training on the remaining modules -Biller?, Cashier?, Collections 7, Analytics? and Admin7 and dedicated time to complete User Acceptance Testing on these modules.
Phase 4:
Will include End User Training and the Go Live and post Go Live activities.
These will be broken down as follows:
Timeline Phase Activities
• Customer Preparation
• On premise to cloud migration activities
C/S7 Installation
Confirm user access to A WS environment
Core Team Training (Remote) -CIS7, CSR7
User Acceptance Testing on above
Core Team Training (Onsite) -Biller7, Cashier?, Collections7, Analytics 7, Admin7 User Acceptance Testing on above
End User Training Data Refresh
End User Training (Onsite)
Go LIVE Cut Over
• Post Go LIVE Support (Onsite)
• Post Go LIVE Support (Remote)
Create Northstar Staging (Test) Instance
11 42 of 51
March 17, 2026, Item #6
There are a number of factors to be considered that will have an associated unplanned increase in effort and will therefore impact the project schedule. These factors are typically not determined until project kick-off and will be a key input into the final Go LIVE date and may result in additional cost. Northstar will notify Poway of any increase in effort and will provide Poway with a Change Order according to section 4 Change Management Process. These factors include:
• Custom Modifications:
o All custom modifications with user-interface elements need time allocated for coding. o Some Northstar programs will require modification if the database is changing as part of the scope of the upgrade.
o The number of custom modifications that need to be ported to the new environment will have an impact on the time associated with coding and testing. • Data:
o Data clean-up (if required) by Poway.
o Amount of data -consideration needs to be given to the amount of historical data required and how long it will take to obtain the data.
• Peripherals:
o If Poway has special print handling -paper source, special commands, this will create additional effort.
o An increase or replacement of equipment with the upgrade (i.e. cash drawer). • Project Resourcing:
o In the event that Poway staff is unable to be dedicated to the agreed upon project plan, resulting in an extension of the timeline, Northstar will evaluate the need for a Change Order for additional Project Management and dedicated support services to extend the project timeframe.
12 43 of 51
March 17, 2026, Item #6
4. CHANGE MANAGEMENT PROCESS
Northstar will maintain the SOW with formal documentation denoting agreed upon changes.
Poway and Northstar may propose changes to this SOW addressing services falling outside the scope of services described in this SOW ("Change"). The Change Order form must be used for all change requests. Northstar shall have no obligation to commence work in connection with any change until the fee and schedule impact of the change is agreed upon in a written Change Order form signed by the designated representatives from both parties.
Upon identifying the need for a change, Northstar shall submit the change on our standard Change Order form describing the change, including the impact of the change on the schedule, fees and expenses.
Within 5 consecutive business days of receipt of the change order form, Customer shall either indicate acceptance or rejection of the proposed change by signing the Change Order form or any other period of time mutually agreed to by the parties. If Northstar is advised not to perform the change, then Northstar shall proceed only with the original services. In the absence of Customer acceptance or rejection of the Change Order, Northstar will not perform the proposed change. 13 44 of 51
March 17, 2026, Item #6
5. FEES & PAYMENT SCHEDULE
5.1. Fees
Northstar Migration and CIS7 Upgrade
Annual Hosting
Description One Time Fees Subscription
Professional Services:
-Project Management $119,189 $36,575
-Installation & Configuration
-RAW Update
-CIS Update and implementation
-Migration Testing Support
-Go LIVE Cut Over
-Post LIVE Support
Database Daily Back Up File:
Process to generate a file and update the necessary tables and push it over to an SFTP file that will be accessible by Poway to consume, and then add a secondary process to
pull the file down from SFTP and make the necessary
updates.
Project Total $119,189 $36,575
5.2. Payment Schedule
Any mutually agreed upon change controls will be billed at the prevailing hourly rate when incurred. Price excludes any applicable taxes.
The Northstar fees for the scope of services described in this Statement of Work, is $119,189 USD based on fixed price plus any travel and logistics (T&L) which may be required.
Services:
1. 50% on contract signature
2. 20% at cloud installation
3. 10% on CSR7 solution installation to Poway's non-production environment
4. 10% on End User training delivered
5. 5% on final Go LIVE
6. 5% on upgrade project completion
Annual Cloud Hosting and Managed Services Subscription:
• 100% on signing and then billed annually thereafter on anniversary of date • Due 30 days from invoice date
Invoices are payable upon receipt.
45 of 51
14 March 17, 2026, Item #6
Quote is valid for 60 days from date of delivery. After 60 days the quote will be considered expired and would need to be reassessed and re-quoted if still required.
Other Hosting and Managed Services Fees Information
The pricing is based on production environment and testing environment.
Northstar Hosting and Managed Services are listed above and include:
•
•
•
Up to twenty-eight (28) concurrent users accessing the Northstar Cloud Production environment
Up to five (5) concurrent users accessing the Northstar Cloud Test environment.
AWS licensing for up to fifteen (15) named users .
o AWS named user licenses are required for users needing direct access to the CIS and add ons. If you have users who only use CC6 applications, they do not require an AWS named user license and will not have access permissions tied to their login to access the CIS when the cloud configurations are setup. o Customers who require read-only or view only permissions may require a Remote Desktop Protocol license (RDP)
o Any additional required AWS named user licenses will be at the expense of Poway and can be purchased at any time outside of this agreement.
5.3. Travel and Living Expenses
The above-mentioned fees do not include any travel and per diem expenses incurred for on-site visits required for this engagement.
Any travel time will be billed at $75/hour. Travel time will be capped at up to 10 hours of travel time per trip.
Poway shall also pay or reimburse travel expenses plus a per diem reasonably incurred in furtherance of Northstar duties hereunder.
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15 March 17, 2026, Item #6
6. TERMINATION
Unless Northstar and/or Poway exercises its right to terminate this SOW due to material breach or default, Northstar must provide, and Poway must purchase, services from Northstar for the items defined within this SOW.
If Poway and/or Northstar exercises its right to terminate this SOW due to material breach or default, or Customer and/or Northstar terminates this SOW without cause, Customer's obligation includes the following:
1. Provide notice of 10 calendar days for termination without cause;
2. Return the software to Northstar and certify, under the hand of a duly authorized officer of the Organization, that all copies of the software or any part thereof, in any form, within the possession or control of the Organization have been returned to Northstar. (if applicable)
3. Complete payment for services performed and expenses incurred prior to termination including:
a. Any amounts previously invoiced but unpaid;
b. Fees for services performed through the termination date which has not been invoiced; and
c. Any approved travel and living costs.
NorthStar's obligation includes the following:
1. Provide notice of 1 O calendar days for termination without cause.
Under no circumstances shall Northstar be liable for any special, indirect, consequential, punitive or incidental damages of any kind and shall not be liable for loss of profits, works stoppage, system failure or malfunction, loss of data or any other damages or losses in connection with this statement of work, even if Northstar has been advised of the possibility of such damages. In any event, Northstar shall not be liable to pay any amount, in the aggregate, that is greater than the fees received by Northstar under this statement of work. 16 47 of 51
March 17, 2026, Item #6
7. PROJECT
ASSUMPTIONS
The
services,
fees
and
delivery
schedule
for
this
engagement
are
based
upon
the
following
assumptions:
•
Any
items
not
explicitly
identified
within
this document
are
considered
out
of
scope.
Any
changes
to
those
responsibilities
and/or
deliverables
will
be
considered
a change
in
scope
for
the
engagement.
Any
proposed
change
to
the
engagement
scope
must
be
put
into
written
format
and
be
submitted
to
Northstar
during
this
engagement
for
review
and
consideration.
•
This
engagement
currently
has,
and
will
continue
to
have,
the
support
of
senior
Poway
management
and
will
be
assigned
sufficient
priority
with
respect
to
other
projects
to
ensure
its
success.
•
Poway
will
assign
a
Lead
to
act
as
an
internal
resource
and
guide
throughout
this
engagement.
•
Poway
will
secure
the
appropriate
staff
in
a timely
fashion
in
order
to
discuss
or
review
the
various
materials
produced
when
required.
It
is
expected
that
the
individuals
involved
will
have
experience
in
Poway's
day-to-day
operations
and
will
work
closely
with
the
Northstar
Consultants
to
resolve
issues
as
required.
The
main
purpose
of
this
interaction
is
to
provide
a quick
and
consistent
response
to
procedural
issues.
•
Poway
will
provide
access
and
support
from
the
IT
group
and
any
other
stakeholder,
as
deemed
necessary
by
Northstar
throughout
this
engagement.
•
Poway
agrees
to
facilitate
any
required
corporate
logistics
for
the
fulfillment
of
this
agreement.
•
Poway
will
provide
the
appropriate
remote
access
to
its
network,
facilities,
and
systems
as
may
be
required
to
perform
activities
from
one
of
NorthStar's
locations.
Northstar
shall
abide
by
all
rules
and
directions
of
Poway
when
accessing
the
Poway's
network,
facilities
or
systems
.
•
Poway
will
provide
a training
room
complete
with
workstations
for
their
staff
for
the
Northstar
onsite
activity.
This
is
to
allow
the
Northstar
Consultant
and
Poway
Team
members
to
focus
on
the
upgrade
activity
without
any
external
interruptions.
•
All
documentation
provided
by
Poway
shall
be
up-to-date
and
accurate
or
if
that
is
not
the
case,
advise
Northstar
as
such.
•
All
hardware,
software,
and
network
components
supplied
by
Poway
are
working
properly
and
are
free
of
defects
and
will
meet
minimum
hardware
standards
provided
during
the
engagement.
•
The
environment
that
has
been
built,
configured,
and
validated
during
the
upgrade
implementation
will
become
the
production
environment
at
Go
LIVE
. In
the
event
this
production
environment
is
required
to
be
migrated
to
another
server
after
the
initial
installation a Change
Order
may
be
applicable.
•
Once
the
initial
installation
of
Northstar
has
been
completed
and
connectivity
has
been
confirmed,
Northstar
strongly
recommends that
the
environment
remains
static
for
the
duration
of
the
project.
Troubleshooting
performance or
Northstar
functionality
issues,
resulting
from
environment
changes,
such
as
operating
system
updates
and
network
modifications,
is
considered
outside
the
scope
of
the
upgrade
project.
Poway
will
be
issued
a
project
change
order
for
time
incurred
reviewing
such
issues
. If
at
any
point,
it
is
confirmed
that
the
issue
is
caused
by
Northstar,
all
service
charges
will
be
waived.
17 48
of
51 March 17, 2026, Item #6
• All third-party software and hardware products are assumed to perform correctly in Poway's environment, in accordance with the appropriate third-party vendor's specifications.
• To minimize project costs, the majority of project work will be performed at one of the NorthStar's locations except for project activities where face-to-face is deemed more effective.
• Price does not include Poway approved travel and living expenses that may be required as part of the delivery of the engagement. (i.e. air fare, car rental, gas, per diem and hotel) Northstar will work with Poway to identify the most cost-effective accommodations for Poway's onsite activities that are mutually agreed upon. • Price for this proposal is based upon Poway obtaining all hardware and associated operating systems.
• The number and complexity of the custom modifications included in Poway's current system must be fully assessed before the project schedule can be finalized as this will affect the effort in the User Acceptance Testing phase. This assessment will take place during the Upgrade Preparation phase of the engagement. • Poway data provided will be complete and clean. It is the responsibility of Poway to clean data if deemed required due to the identification of inaccurate entries. • There are 3 data refreshes included (initial, refresh, final). Any requests for additional data refreshes will be considered at an additional cost/schedule impact to the project. • All data refreshes will be performed during regular business hours, 5:00 a.m.-2:00 p.m.
PST, with the exception of Live cut-over which is typically performed over a weekend.
However, Poway prefers a Friday Live cut-over and Northstar will make every effort to accommodate this as it's Poway's preferred approach.
• Poway is responsible for preparing the underlying IT infrastructure (hardware installation, operating system, and network connectivity). This must be in-place per agreed upon project plan.
• Any new add-ons currently not within the North Star 6.x environment will be considered at an additional cost and effort if not included in this SOW. 18 49 of 51
March 17, 2026, Item #6
8. DOCUMENT
ACCEPTANCE
AND
SIGNOFF
Please
sign
and
return
this
SOW
via
a TeamSupport
ticket,
or
by
email
to
Andrea
Evans
at
aevans@harriscomputer
.com
Accepted
on
this
day
by:
City
of
Poway,
CA
Northstar
Utilities
Solutions
By:
By:
Name:
________
_
Name:
_________
_
Title:
Title:
Date:
Date:
so
of
51 19
March 17, 2026, Item #6
9. APPENDIX A -CIS7 -HARDWARE RECOMMENDATIONS
Optimal Hardware Optimal Software
: Northstar CIS7.X Client Computer
/ Quad C~re ~PU -(Intel ~~~e-2, ;~D--Wi~d;ws 11
Phenom ... ) OpenJDK/Webstart 11
40GB hard drive (or higher) Microsoft Office 2010
8GB Memory
I Minimal resolution: 1360 x 786
20 51 of 51
March 17, 2026, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
March 17, 2026
Honorable Mayor and Members of the City C~cll
Eric Heidemann, Director of Public Works Jt.
Robert Weber, Principal Civil Engineer, Public Works -Utilities~ (858) 668-4717 or [email protected]
Approval of Change Order No. 1 to the Construction Contract with Gateway Pacific Contractors, Inc. for the Water Treatment Plant Filter Rehab Project Phase A During initial work at the Water Treatment Plant (WTP) for the Filter Upgrades project (Project), staff discovered that five existing surface wash water (SWW) valves were leaking and unable to adequately isolate the filters. Replacement of these valves is necessary to safely complete the planned Project upgrades. The contractor. Gateway Pacific Contractors, Inc. (Gateway), proposed Contract Change Order No. 1 which increases the total contract amount and extends the project schedule. The change order was reviewed by staff and the construction manager and determined to be fair and reasonable.
Recommended Action:
It is recommended the City Council approve Contract Change Order No. 1 to the Agreement with Gateway Pacific Contractors, Inc. for the Water Treatment Plant Filter Upgrades Phase A in the amount of $116,171.36, resulting In a revised total contract amount of $799,771.36, including an extension of 26 additional non-compensable calendar days; and authorize the City Manager to execute the necessary documents.
Discussion:
The WTP Project includes both structural and mechanical upgrades focused on filter deck structures, filters five through eight, and the filter backwash vault. This overall project scope includes the cleaning of interior surfaces of the filter vaults and inlet channel, the complete media replacement for existing filters five through eight, resurfacing and condition assessment of the existing stainless steel SWW headers, and the installation of necessary pipe supports. In addition, the project includes the replacement of the ductile iron (DI) 90-degree elbow on the sww header, application of protective coating to the DI SWW piping and fittings, removal and disposal of the existing polyvinyl chloride (PVC) spray system, repair of concrete cracks within the interior filter structures and top slab edge of the filters, rehabilitation of the wash water supply valve, and various other related tasks. The project shall be executed in phases to ensure that no more than two filters are taken offllne simultaneously, with filters six and eight out of service together, followed by filters five and seven.
During initial stage of the Project, WTP plant staff attempted to isolate selected filters in preparation 1 of 5
March 17, 2026, Item #7
for contractor mobilization and determined that five (5) existing valves exhibited unacceptable rates of leakage which prevent isolation of the filters to safely and adequately perform the work of the contract. These valves include the four (4) 10-inch diameter SWW valves for filters five through eight and one (1) 24-lnch diameter backwash control valve for filter eight. Staff determined replacement of these existing valves is necessary for the completion of Project. This change also requires an extension of construction work time by 26 non-compensable days to a total of 150 days. A change order proposal was provided by Gateway and reviewed by staff and the construction manager and found to be fair and reasonable.
Environmeatal Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the relevant Capital Improvement Program project account WT037 to award Change Order No. 1 for WTP Plant Filter Upgrades for the recommended amount of $116,171.36. The City proactively planned for this project as part of the development process for the Fiscal Year 2025-26 budget, with funds appropriated from the Water Enterprise Fund (5100).
Public Notification:
None.
Attachments:
A. Contract Change Order No. 1 -Water Treatment Plant Filter Upgrades Phase A Reviewed/Approved By:
Assistant City Manager
2 of5
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
March 17, 2026, Item #7
CITY OF POWAY
Contract Change Order
PROJECT: LESTER J. BERGLUND WATER TREATMENT PLANT
FILTER UPGRADES PHASE A
CONTRACT CHANGE ORDER NO. 1 PROJECT NO. WT037
ACCOUNT NO. 40-41200 BID NO. 26·002
CONTRACTOR: GATEWAY PACIFIC CONTRACTORS, INC.
ADDRESS: 8055 FREEPORT BLVD., SACRAMENTO, CA 95832
Change Order Prepared By: William Baker, Construction Manager (CM) The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager.
In accordance with this contract, the following change is ordered, resulting in:
(Check all that apply)
X Increase in Contract Amount
___ No Change in Contract Amount
___ Decrease in Contract Amount
Change Order Description:
_lL_ Increase In Contract Time
__ No Change in Contract Time
Decrease in Contract Time
This Change Order shall be a
0 Lump Sum" Change Order for the Filter Upgrades Phase A, Project at the Lester J. Berglund Water Treatment Plant (LJBWTP) for the changes related to the replacement of:
• Replace 4 qty-10'' butterfly valves with Mueller XPII CL 125 with 250B rating and reattach the 4 existing Beck actuators.
• Supply and install 8 qty -1 O" dismantling coupling gaskets. • Replace 1 qty-24" butterfly valve with Mueller XPII CL 125 with 2508 rating. Remove the existing Limitorque actuator and install 1 new Beck actuator. • Supply and install 2 qty- 24" dismantling coupling gaskets. • The City will furnish 1 new Beck actuator and 5 new mounting brackets to remount the existing actuators.
The "Lump Sum" amount of this Change Order shall be $116,171.36 and 26 days of non compensable contract time.
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