Item 6 - Approval of Agreement with Fire Prevention Services, Inc. for Vegetation Management Services; RFP 26-013

July 21, 2026, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
July 21, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cf
Darian Demerjian, Senior Management Analyst
(858) 668-4636 or [email protected]

CITY COUNCIL
Approval of an Agreement with Fire Prevention Services, Inc. for Vegetation Management Services; RFP No. 26-013
A request for proposals (RFP) to provide vegetation management services for the Wildfire Defensible Space Program (WDSP) and the Weed Abatement Program (WAP) was issued on April 13, 2026. Four proposals were received. Staff reviewed the proposals and determined Fire Prevention Services, Inc. (FPS), was the most qualified to provide these services and provided the best value. Staff recommends approval of an Agreement with FPS for vegetation management services.

Recommended Action:

It is recommended the City Council approve an Agreement for Vegetation Management Services, RFP No. 26-013, with Fire Prevention Services, Inc. in the amount of $240,000 for the first year and $150,000 for each of the second and third years and authorize the City Manager to execute the necessary documents including two optional one-year extensions. An appropriation of $88,164 is also being recommended from the General Fund, Unassigned Fund Balance to bring the total budget for Fire Prevention -Nuisance Abatement to $157,164 to fully fund the recommended Agreement.

Discussion:

The Vegetation Management Program is an annual program that implements the abatement of vegetative fuels and/or nuisance vegetation on City and privately owned parcels as required pursuant to Section 8.76.035 of the Poway Municipal Code. The properties included within this program have been previously identified by the Fire Marshal and Code Compliance Division to contain an annual re growth of vegetative fuels and/or nuisance vegetation.

On April 13, 2026, staff issued an RFP for the selection of a contractor to manage the Vegetation Management Program and perform abatement services on City and privately owned properties.

These services include notifying private property owners under the WDSP and WAP programs of the requirements to abate their properties, tracking received self-certifications, inspecting all properties 1 of 40
July 21, 2026, Item #6
for
compliance
with
the
vegetation
management
program,
and
performing
abatement
when
requested
by
City
staff
or
private
property
owners.

Four
proposals
were
received.

The
City's
selection
criteria
for
awarding
the
agreement
included
the
understanding
of
the
work
to
be
performed,
cost
of
services,
relevant
experience,
and
proposed
project
approach.

One
proposal
fromJAS
Landscape
was
non-responsive.

RECON
Environmental,
Inc.
withdrew
their
proposal
after
clarification
on
the
cost
of
services
was
requested
. The
remaining
two
proposals
received
were
from
FPS
and
the
City's
current
contractor
Deangelo
Contracting
Services
(DCS).

FPS
was
determined
to
be
the
most
qualified
to
conduct
these
services
based
on
the
selection
criteria.

FPS
offers
a
more
thorough
scope
of
work
for
the
management
of
vegetation
ensuring
the
services
provided
are
consistent with
the
type
and
quantity
of
vegetation.

The
variety
of
services
provided
by
FPS
includes
mechanical
treatments
such
as
tractor
or
track
mowing
and
hand
labor
for
the
removal
of
heavy
vegetation
including
brush
or
chaparral.

This
ensures
the
standards
and
expectations
set
by
the
City
for
vegetation
management
will
be
met.

DCS
has
been
unable
to
provide
this
level
of
service
in
previous
years.

FPS
has
over
30 years
of
experience
providing
vegetation
management
services
to
municipalities
and
fire
agencies
throughout
Southern
California
. Several
local
cities,
including
Santee,
National
City
and
Encinitas,
currently
utilize
FPS
and
have
reported
significant
increases
in
compliance
rates
within
their
vegetation
management
programs
demonstrating
the
effectiveness
of
FPS'
established
processes
and
their
long
history
of
vegetation
management
experience.

Historically,
City
staff
have
managed
the
vegetation
management
programs
including
the
responsibilities
of
notifying
private
property
owners,
tracking
self-certifications
and
conducting
inspections.

With
the
selection
of
FPS,
these
responsibilities
will
be
assumed
by
FPS,
allowing
City
staff
to
dedicate
more
time
to
code
compliance
service
requests
and
City
Council
authorized
abatement
activities. FPS
offers
a
more
convenient
service
including
a
public
website
with
published
fees,
an
inspector
contact
form,
frequently
asked
questions
(FAQs)
and
links
to
applicable
vegetation
clearing
standards.

Property
owners
can
also
elect
to
work
directly
with
FPS
to
complete
their
required
vegetation
abatement.

This
option
provides
property
owners
with
greater
flexibility
by
allowing
them
to
schedule
abatement
activities
at
a time
that
is
convenient.

This
agreement
is
expected
to
create
cost
savings
for
the
City.

Staff
time
savings
will
be
realized
as
FPS
will
notice
property
owners,
inspect
private
properties
and
track
and
process
self-certifications
without
charge
to
the
City.

The
City
will
only
incur
costs
associated
with
abatement
services
performed
on
City
owned
properties.

In
cases
where
forced
abatement
of
private
properties
is
necessary
due
to
non-compliance,
FPS
will
coordinate
with
the
City
to
have
the
abatement
costs,
along
with
the
$439.00
per
parcel
administrative
fee,
assessed
against
the
property
through
the
County
of
San
Diego
property
tax
roll.

Upon
collection
of
these
funds,
the
City
will
reimburse
FPS
for
the
abatement
costs.

The
term
of
the
agreement
is
July
22,
2026
through
July
21,
2029
and
contains
a
provision
to
mutually
extend
the
agreement
for
two
one-year
terms.

Environmental
Review:

The
proposed
action
is
not
a
project
under
the
California
Environmental
Quality
Act
(CEQA)
pursuant
2 of
40 July 21, 2026, Item #6
to
CEQA
Guidelines
Section
15378(b)(S),
which
applies
to
organizational
or
administrative
activities
of
government
that
will
not
result
in
direct
or
indirect
physical
changes
to
the
environment.

Approval
of
the
agreement
with
Fire
Prevention
Services,
Inc.,
for
vegetation
management
services,
is
an
administrative
action
to
secure
professional
services
and
does
not
authorize
the
City
to
any
specific
vegetation
management
activities
or
physical
changes
to
the
environment.

Fiscal
Impact:

Funds
for
the
abatement
of
City
properties
have
been
included
in
the
Fiscal
Year
(FY)
2026-27
budget
in
the
Weed
Abatement
-Nuisance Abatement
account
(301030-49180)
in
the
amount
of
$85,000
and
the
Fire
Prevention
-
Nuisance
Abatement
account
(502050-49180)
in
the
amount
of
$69,000.

An
additional
appropriation
of
$88,164
is
being
requested
to
bring
the
total
budget
for
Fire
Prevention
-
Nuisance
Abatement
to
$157,164
which
will
be
funded
by
the
General
Fund,
Unassigned
Fund
Balance.

The
additional
services
have
increased
the
labor
associated
with
the
heavy
brush
and
chaparral
while
providing
greater
levels
of
fire
protection,
accountability
and
oversight.

All
costs
incurred
for
the
Vegetation
Management
Program
on
private
properties
are fully
offset
in
the
Nuisance
Abatement
revenue
account
(301030-77600)
by
the
property
owners
via
their
property
tax
roll
on
a time-and-material
basis,
plus
an
Administrative
Fee
of
$439.00
per
parcel.

Public
Notification:

None. Attachments: A.

Standard
Agreement
for
Services
with
Fire
Prevention
Services,
Inc.

Tracy
Steven
~
Assistant
City
Manager
3 of40
Reviewed
By
:

Alan
Fenstermacher
City
Attorney
Appr
w
:;y
~
Q
_)
Chris
Hazeltine
City
Manager
July 21, 2026, Item #6
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement
, entered
into
this
22 nd
day
of
July,
2026,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
FIRE

PREVENTION

SERVICES
, INC
.,
(hereinafter
referred
to
as
"Consultant")
. RECITALS

WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
as
needed
vegetation
management
services
for
the
Weed
Abatement
Program
and
the
Wildfire
Defensible
Space
Program
(Project);

WHEREAS,
Consultant
is
a
vegetation
management
consultant
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;
and

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.
4 of
40 1

ATTACHMENT
A
Revised
August,
2025
July 21, 2026, Item #6

5. Confidential Relationship.

City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.

The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Consultant shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents 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. 2 5 of 40
July 21, 2026, Item #6
Consultant
represents
that
it
has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it might
perform
services
for
the
City.
"Consultant"
means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
(A)
Makes
a
governmental
decision
whether
to:

1. Approve
a
rate,
rule
or
regulation;

2. Adopt
or
enforce
a
law;

3. Issue,
deny,
suspend,
or
revoke
any
permit,
license,
application,
certificate,
approval,
order,
or
similar
authorization
or
entitlement
;

4. Authorize
the
City
to
enter
into,
modify,
or
renew
a
contract
provided
it is
the
type
of
contract
that
requires
City
approval;

5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications
for
such
a
contract;

6. Grant
City
approval
to
a
plan,
design,
report,
study,
or
similar
item;

7. Adopt,
or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City,
or
for
any
subdivision
thereof;
or
(B)
Serves
in
a
staff
capacity
with
the
City
and
in
that
capacity
participates
in
making
a
governmental
decision
as
defined
in
the
Political
Reform
Act
and/or
implementing
regulations
promulgated
by
the
Fair
Political
Practices
Commission,
or
performs
the
same
or
substantially
all
the
same
duties
for
the
City
that
would
otherwise
be
performed
by
an
individual
holding
a
position
specified
in
the
City's
Conflict
of
Interest Code.

DISCLOSURE
DETERMINATION:
1:8J

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.

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.

Julie
Procopio,
Director
of
Development
Services

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.
3 6
of
40 July 21, 2026, Item #6

11. Maintenance
of
Records.

Consultant
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if
requested.

12. Independent
Contractor.

At
all
times
during
the term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway
.

City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.

13. Licenses,
Permits,
Etc.

Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.

Consultant
represents
and
warrants
to
City
that
Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant
to
practice
its
profession
.

14. Consultant's
Insurance.

Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.

15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for
, and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property
,
economic
loss
or
otherwise
occurring
as
a
result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(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
4 7
of40
July 21, 2026, Item #6
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub
-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.

For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant
's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence
.
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers
, agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant
, anyone
directly
or
indirectly
employed
by
it
or
anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts
.
(e)
Consultant
shall
, upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if
Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15 .
(g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.

16. Assumption
of Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services
;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person
,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
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.
18 .

Personnel.
5 8
of
40 July 21, 2026, Item #6
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.

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 6 9 of40
July 21, 2026, Item #6
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 (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)
7 10 of 40
July 21, 2026, Item #6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
Date: ------------
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

By: ____________ _
Alan Fenstermacher, City Attorney
11 of 40
FIRE PREVENTION SERVICES, INC.

By: ___________ _
Kenny Osborn, President
Date: ___________ _
8 July 21, 2026, Item #6
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the vegetation management services further described in the Scope of Services which is included in this document as Attachment 1 and the proposal dated April 29, 2026 which is included as Attachment 2, 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 Proposals submitted with the proposals dated April 29, 2026 which are included in this document as Attachment 3.

Total not to exceed amount for year one is $240,000 and total not to exceed amount for years two through five is $150,000. 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 July 22, 2026, and ending July 21, 2029, 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. (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.
12 of 40
July 21, 2026, Item #6

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.

Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses
:

To
City
:

To
Consultant:
2 13
of
40 City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Fire
Prevention
Services,
Inc.

PO
Box
1720
El
Cajon,
CA
92022
July 21, 2026, Item #6
Attachment 1

SCOPE OF SERVICES
Consultant will provide all labor, materials and equipment necessary for providing vegetation management services under an "As Needed Agreement," which will entail:

Wildfire Defensible Space Program
Private Property Noticing:

Prior to mailing or posting, each notice form is to be reviewed and approved by the Fire Chief or an authorized representative prior to mailing.

1. Between May 15 and May 30 of each year prepare and mail annual Good Neighbor Program and Roadside Clearance Program courtesy notice letters and Self-Certification Forms to each private property listed under the program. City will provide list of properties on an annual basis. Sample list of properties provided as Attachment A.

2. Track and monitor Self-Certification Forms returned by private property owner. Self Certification form will indicate if the private property owner would like the City's Contractor to abate their property or if they will do it themselves.

3. In July of each year send second notice to private property owners that did not respond to the first notice.

4. In August of each year, send notice of violation to private property owners that did not respond to the first and second notices.

5. Track and monitor all notices sent and responses received. Consultant will provide City with a list of responses on a weekly basis or provide access to view Self-Certification Forms and Notices when requested.

Inspections:

1. Inspect all Private Properties to determine compliance with the Wildfire Defensible Space programs. If not in compliance notify the Fire Chief or an authorized representative to determine next steps.

2. Take photos of all properties inspected and provide to City Staff.

Abatement:

All properties are to be abated using the equipment, labor, public right-of-way, habitat protection and wildfire prevention standards listed throughout this Scope of Services document. Abated vegetation will include sumac, chamise, coastal sage scrub, and other species commonly referred to as brush or chaparral. Vegetation is to be cut to a distance of no lower than six (6) inches, but in no event higher than twelve (12) inches, from the soil surface, leaving the plant root intact to stabilize the soil.

1. In June of each year begin abating all City Properties. Work on City properties should be completed between June 15 and August 15. Work should not begin prior to June 15 to 14 of 40
July 21, 2026, Item #6
account for nesting/mating season. Photographs of completed work shall be submitted with all invoices. Sample list of properties provided as Attachment B.

2. Abate Private Properties when requested by Private Property Owner.

3. Take before & after photos of all properties abated and provide to City Staff.

Tree Trimming and Roadside Tree Trimming
Abatement:

When requested by the Fire Chief or an authorized representative, trim or limb-up trees to meet stated requirements.

1. Trim tree branches overhanging the roadway to a height of thirteen (13) feet six (6) inches.

2. Limb-up trees to create vertical space between tree limbs and grasses or shrubs. For tall trees, remove lower limbs to at least six (6) feet above the soil surface. If shrubs are present under the tree canopy, limbs should be removed to create vertical spacing of three (3) times the height of the shrub. Smaller trees should have the lower 1/3 of the limbs removed.

Weed Abatement Program
Private Property Noticing:

Prior to mailing or posting, each notice form is to be reviewed and approved by the Director of Development Services or an authorized representative prior to mailing.

1. In April/May of each year prepare and mail annual Weed Abatement courtesy notice letters and Self-Certification Forms to each private property owner listed under the program. City will provide list of properties on an annual basis. Sample list of properties provided as Attachment C,

3. In July of each year send second notice to private property owners that did not respond to the first notice.

4. In August of each year, send notice of violation to private property owners that did not respond to the first and second notices.

5. Track and monitor all notices sent and responses received. Consultant will provide City with a list of responses on a weekly basis or provide access to view when needed.

Inspections:
15 of 40
July 21, 2026, Item #6

1. In June of each year inspect all City Owned Properties under the Weed Abatement program and determine if property needs to be abated per City Standards. The Department of Development Services and Fire Department will provide the Contractor with vegetation management maps and a list of City Owned parcels that require inspection. Sample list of properties provided as Attachment D. Some parcels will require only partial areas to be inspected. Provide a list of properties that require abatement and the associated cost per the contract.

2. In August of each year inspect all Private Properties to determine compliance with Weed Abatement programs. Provide a list of properties that after all notices and offers to abate remain out of compliance.

3. Take photos of all properties inspected and provide to City Staff.

Abatement:

All properties are to be abated using the equipment, labor, public right-of-way, habitat protection, and wildfire prevention standards listed throughout this Scope of Services document. Vegetation is to be cut to a distance of no lower than two (2) inches, but in no event higher than six (6) inches, from the soil surface and as close to adjoining improvements as possible.

1. In July of each year begin abating all City Properties that were determined to not meet City standards listed above. Properties shall not be abated until authorized by the City Representative. All work performed for the City shall be at prevailing wage.

2. Abate Private Properties when requested by Private Property Owner. In advance of performing abatement provide quote to private property owner for the cost of abatement and receive their approval for the quote. All payments/transactions shall be directly between the Private Property Owner and Contractor.

3. Take before & after photos of all properties abated and provide to City Staff.

All Programs:

Consultant will provide services for the Wildfire Defensible Space, Tree Trimming and Roadside Tree Trimming and Weed Abatement Programs using the following requirements:

Equipment:

1. Furnish all labor, material, equipment and tools for the removal of weeds, debris and plant growth from parcels, lots and parkways in the incorporated areas of the City of Poway.

The method of removal and clearing shall be by mowing, trimming, manual clearing, hauling and other methods that are included in the scope of the contract. Disking is not permitted.

2. All equipment must be in good mechanical condition and is subject to inspection and approval by the Fire Chief, Director of Development Services, or an authorized representative, before acceptance. All maintenance will be the responsibility of the Contractor at their own expense and on their own time.

3. All equipment will be operated by a qualified, cooperative and experienced operator.

4. If required or necessary for any reason, the Contractor will furnish, at no expense to the City, flagmen for safe loading and unloading of equipment. 16 of 40
July 21, 2026, Item #6

5. The Contractor shall furnish all hand tools, power equipment and safety equipment to accomplish the specified work.

6. A suitable truck, with high sides for hauling, is to be provided and is to be operated and maintained at the expense of the Contractor.

7. Any use of chemicals is prohibited unless directed otherwise by the Development Services Director or authorized agent.

8. Whenever it is impractical to remove or thin vegetation by hand labor using hand labor type tools by reason of topography, location of trees, shrubbery, building, fences or type of vegetative cover, the use of a tractor mower will be permissible when authorized by the Director of Development Services, or an authorized representative. The degree of tractor mowing to be accomplished on any parcel will be specified by the Director of Development Services or an authorized representative and additional restrictions shall be provided to the Contractor and abided by.

Labor

1. All manpower will be furnished by the Contractor and each crew member will be in good health and be attired with proper clothing, footwear, gloves and any other safety equipment that is necessary for this type of work.

2. Supervision of hand crews will be furnished by the Contractor at his own expense. All supervisors must be experienced and must be able to communicate with the Director of Development Services or an authorized representative, in the English language of the United States.

3. It will be the responsibility of the Contractor to keep an accurate account of the names of his employees, as well as the dates, the locations and the type of work they performed.

Public Right-of-Way

1. All streets and sidewalks are to be left in clean conditions following the clearing of parkways. The charge for this work will be included in the unit price for clearing this parcel.

2. Work within the right-of-way shall require a traffic control plan as applicable.

Habitat Protection

1. In accordance with the requirements of the U.S. Fish and Wildlife Service and the California Department of Fish and Game protecting the threatened California Gnatcatcher and the Qui no Checkerspot Butterfly, no new trimming of native Chaparral vegetation shall be performed unless approved by the City of Poway.

Wildfire Prevention

1. The Contractor is required to carry a charged and operational cell phone at all times. The Contractor is required to report any fires started by machinery or employees without delay by contacting 911. The Contractor shall have beforehand knowledge of the area where the work is being conducted, including, but not limited to, the closest accessible street and the closest cross street.
17 of 40
July 21, 2026, Item #6

2. Appropriate fire extinguishers shall be maintained close enough to any clearing operation to effectively respond to fires caused by the equipment or equipment fueling. More than two fire extinguishers may be needed for multiple operations or when crews are spread out over a larger area. An Underwriters Laboratory approved 2-1/2-gallon pressurized water-type fire extinguisher and an Underwriters Laboratory approved 40-pound, dry chemical, all-purpose ABC type shall be ready and available for use at all times. A shovel of a type and size suitable for putting out fires also shall be available.

3. The vegetative material cut down shall be disposed of by hauling the material to the nearest approved dumpsite.

4. When, in the opinion of the Director of Development Services, or an authorized representative, it is determined that on any lot or parcel there are sufficient amounts of piles of trimmings, tumbleweeds or other flammables that could become a fire hazard or fire nuisance, the same fire hazard shall be removed.
18 of 40
July 21, 2026, Item #6
Attachment 2
Fire Prevention Services, Inc.

April 29, 2026
Darian Demerjian
PO Box 1720 El Cajon CA 92022
619-562-1058
http://fireprevention.net
City of Poway / Development Services Department
13325 Civic Center Drive South Vulcan A venue
Poway, CA 92064
Dear Mr. Demerjian,
The following information is being submitted to the City of Poway per your Request for Proposal RFP# 26-013.

Fire Prevention Services, Inc. is a California Corporation and has been providing this type of service to the communities of San Diego County since 1995, Riverside County since 1997 and Imperial County since 2000 . Our Company has achieved an excellent reputation with area Cities and Fire Departments.

This has been achieved through the implementation of comprehensive programs, incorporating quality customer service, public safety, a caring for the environment and respect for the citizens in the communities in which we serve.

Over the past 31 years we have handled over 175,000 cases in the communities we serve. These cases have involved everything from weeds to wheels and brush to bumpers. I believe this helps display the quality and professionalism we put into our work.

If Fire Prevention Services, Inc is utilized for your City, we can provide our services through cost recovery utilizing the special assessment property tax process through the city. Thus there would be no direct cost to the City of Poway, just a pass through of tax assessments as they are collected from the County.

I have enclosed our Vegetation Management Program, our Experience and References, Organization Chart and our current Schedule of Fees that are consistent with our contracts throughout San Diego County.

Thank you for the opportunity to provide you with an overview of our program that can be tailored to fit the needs of the City of Poway.

Respectfully yours in public safety,
~7 04-6~vt--
Kenny Osborn
President
19 of 40
July 21, 2026, Item #6
20 of 40
Poway
Vegetation
I
Management
Program
July 21, 2026, Item #6
21 of 40
Fire Prevention Services, Inc.
provides free comprehensive weed
abatement, vegetation management
and public nuisance abatement
programs, minimizing commitment
of agency staff resources while
maintaining agency control. The
company strives to excel in quality
service by utilizing the most
modern methods and technology
available.

July 21, 2026, Item #6
22 of 40
Fire Prevention Services, Inc.

P.O. Box 1720
El Cajon, Ca 92022-1720
Telephone
619-562-1058
July 21, 2026, Item #6
✓ Bonita-Sunnyside Fire Protection District
✓ Encinitas Fire Department
✓ Escondido Fire Department
✓ Rincon del Diablo Fire Protection District
✓ National City Fire Department
✓ San Diego Fire & Rescue
✓ San Miguel Consolidated Fire Protection District
✓ Santee Fire Department
23 of 40
July 21, 2026, Item #6
24 of 40
July 21, 2026, Item #6
25 of 40
July 21, 2026, Item #6
✓ Initial identification of a violation
✓ Every parcel is inspected that can be viewed from the public right of way ✓ Concerned Citizens
✓ Staff
✓ Property ownership verified through County Assessor's ✓ Current Tax Roll
✓ Courtesy Notice to Abate Violation sent regular mail to parcel owner ✓ Clean Violation, Hire a Contractor, Request a Free Estimate ✓ Extension
✓ Appeal before Council
✓ Re-inspection performed not before the 31st day
✓ If compliant and there has been contact a courtesy call is made ✓ If a violation exists property is Posted with a Notice to Abate digital photos taken, if there has been contact we do a courtesy call
✓ Notice to Abate sent certified mail to parcel owner
✓ Clean Violation, Hire a Contractor, Request a Free Estimate ✓ Extension
26 of 40
July 21, 2026, Item #6
✓ Final inspection performed not before the 11th day
✓ If compliant and there has been contact we do a courtesy call ✓ If a violation exists digital photos taken
✓ If still a violation, ownership information is verified again ✓ Administrative Fee
✓ Abatement package assembled
✓ Meet with Agency Liaison to authorize abatement
✓ Work Authorization
✓ Direction
✓ If prior contact exist a courtesy call is made. Explain to the parcel owner that an Administrative Fee applies. The Agency has authorized abatement and to avoid further costs they have until the crews arrive to clear the violation.
✓ Exceptions
✓ Crews Scheduled, Violation abated
✓ Exceptions
✓ Bill is sent
✓ Arrangements
✓ Exceptions
27 of 40
July 21, 2026, Item #6
28 of
40 APN
: 493-400
-83
-00
Posted 4115/2004
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July 21, 2026, Item #6
29 of 40
July 21, 2026, Item #6
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✓ An Admin Fee will be incurred when the property
owner fails to bring the property into compliance
prior to the expiration of the final notice.
✓ Once the property is assigned to abatement, if
the property owner brings the property into
compliance before the scheduled crews arrive, they
will only be assessed the Adm in Fee.
✓ A property does not need to be forcibly abated in
order for an Admin Fee to be incurred.
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July 21, 2026, Item #6
✓First Bill 15 Days
✓Final Bill 10 Days
✓Notice of Abatement Recorded
✓Cost Confirmation Hearing
✓Resolution for Assessments
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July 21, 2026, Item #6

0.00 32 of 40
July 21, 2026, Item #6
Working
together with
citizens creating
safer and
cleaner
communities for
all to enjoy!
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July 21, 2026, Item #6

EXPERIENCE/REFERENCES
Fire Prevention Services Incorporated (FPSI) was founded in 1995. We currently provide weed abatement, vegetation Management and public nuisance abatement for the following Agencies and Fire Districts in San Diego County.

ENCINITAS FIRE DEPARTMENT
505 SOUTH VULCAN A VE.

ENCINITAS, CA 92024

INTERIM FIRE MARSHAL JORDAN VILLAGOMEZ
PHONE (760) 633-2822
20 years of FPS service to this agency

ESCONDIDO FIRE DEPARTMENT
201 NORTH BROADWAY
ESCONDIDO CA 92025

FIRE PREVENTION ADMINISTRATION

DIVISION CHIEF MIKE CALHOUN
PHONE (760) 839-5402
25 years of FPS service to this agency

NATIONAL CITY FIRE DEPARTMENT
333 EAST 16TH ST.

NATIONAL CITY CA 91450

DIVISION CHIEF I FIRE MARSHAL ROBERT DREW
PHONE (619) 336-4558
28 years of FPS service to this agency

CITY OF SAN DIEGO FIRE -RESCUE
600 B STREET, SUITE 1300 2ND A VE. SUITE 300
SAN DIEGO CA 92101

DEPUTY CHIEF/ FIRE MARSHAL ANTHONY TOSCA
PHONE (619)-533-4431
26 years of FPS service to this agency

SAN MIGUEL FIRE & RESCUE
2850 VIA ORANGE WAY
SPRING VALLEY CA 91978

FIRE MARSHAL JON NEWMAN
PHONE (619) 670-0500
3 1 years of FPS service to this agency

CITY OF SANTEE
10601 MAGNOLIA A VENUE
SANTEE, CA 92071

CODE COMPLIANCE KAREN MAILLET
PHONE (619) 258-4100 X206
22 years of FPS service to this agency
MORE AVAILABLE UPON REQUEST .
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July 21, 2026, Item #6
Michael Horkos
Lead Inspector
Jeremiah Osborn
Inspector
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Tiffany Bott1cell1
Inspector
Jose Villanueva
Crew Foreman
EIBHI
'
'
Kenny Osborn
President
Bryan Osborn
VP/GM
Buddy Blacksmith
Imperial County
Operations Manager
Jesus Serrano
Inspector
-
.

Carol Martinelli
Office Manager
July 21, 2026, Item #6
Fire Prevention Services, Inc.

P.O. Box 1720, El Cajon, CA 92022 Phone: (619) 562-1058 : www.fireprevention.net

SCHEDULE OF FEES FOR PRIVATE PROPERTIES

1. 2.

3. 4.

5. 6.

Tractor Mowing
A. per parcel, sized 1 to 7,500 square feet
B. per parcel, sized 7,501 to 15,000 square feet
C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre
E. per square foot over one acre
Hand Labor
A. per square foot of area abated
Track Mower
A. per square foot of area abated
B. move-on fee
Debris Remediation (includes chipping, grinding and/or shredding) $300.00
$390.00
$480.00
$540.00
$ 0.04
$ 0.14
$ 0.08
$150.00
A. per cubic yard of material prior to chipping and/or compacting $ 48.00 B. dump fees (reimbursement of cost)
Administrative Fee (failure to comply by deadline of notice) A. per parcel $450.00
Attorney Services (when appropriate)
A. per hour $385.00

7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $350.00

8. Miscellaneous Fees Per Parcel
A. special inspection fee $ 50.00
B. NOA $ 50.00
C. interest on NOA (APR) 10%
D. release of NOA $ 50.00
E. notary public $ 15.00
F. file duplication fee $ 50.00
G. unscheduled labor per man hour $ 85.00
H. unscheduled fees (reimbursement of cost)

9. Cost to the City $ 00.00
* Fire Prevention Services, Inc. is a contracted agent. 36 of 40
July 21, 2026, Item #6
Attachment 3

SCHEDULE OF FEES FOR CITY OWNED PROPERTIES

1. Weed Abatement Properties Year 1 through Year 5: $.0445 per sq foot

2. Defensible Space Properties Year 1: $.12 per sq foot

3. Defensible Space Properties Year 2 through Year 5: $.06 per sq foot This fee is all inclusive and includes inspections, hauling, chipping, dumping etc. 37 of 40
July 21, 2026, Item #6
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 under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(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 July 21, 2026, Item #6
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:
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(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.
2 July 21, 2026, Item #6
Cal Gov Code § 7522.56
(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 of the Education Code.
(i)This section shall not apply to (l) 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 conve1ted 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 l, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January l, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January l, 2015.

Annotations
Notes
Amendments:

Note-
Amendments:
2013 Amendment:

Substituted (l) "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).
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Poway City CouncilJuly 21, 2026

Poway City Council
July 21, 2026