Item 1.5 - Approval of Agmt with D&D Services, IncDATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
August 20, 2019
Honorable Mayor and Members of the City Counc»1A
Robert Manis, Director of Development Services f"'
David DeVries, City Planner v�V (858)668-4604 / ddevries@poway.org
Approval of Agreement between City of Poway and D&D Services,
Inc., for Dead Animal Disposal Services
The Dead Animal Disposal Services Agreement is a yearly agreement used to perform the City's
dead animal removal services on City streets and right-of-ways. D&D Services, Inc., was awarded
the current contract in 2014. The term of the agreement was for three years, with the option to
renew for two additional years. The previous agreement was extended twice. Based on a recent
Request for Proposals (RFP) process, staff is seeking approval to enter into an agreement with
D&D Services, Inc., to continue providing dead animal disposal services in the City of Poway.
Recommended Action:
It is recommended that the City Council approve a Standard Agreement for Contract Services
with D&D Services, Inc. (Attachment A).
Discussion:
The City of Poway's (City) current contract with D&D Services, Inc., for dead animal disposal
services expires on August 14, 2019. In June 2019, the City conducted an RFP process, soliciting
proposals from private firms to provide dead animal pick up, removal, and disposal services on
public streets, property and rights-of-way within the City. The RFP was posted on the online e
bid board. The only proposal received was from D&D Services, Inc., the City's current service
provider. Staff has been satisfied with the services provided by D&D Services, Inc., throughout
the current contract period. The monthly fee in the proposed contract is $180 less than the
monthly fee that is currently paid with the existing contract.
Environmental:
This action is not subject to environmental review per the California Environmental Quality Act
(CEQA).
Fiscal Impact:
Sufficient funds are available in the Planning Division's Other Contractual Services account
(301030-41200) in the Fiscal Year 2019-20 Adopted Budget.
1 of 18 August 20, 2019, Item #1.5
Public Notification:
None.
Attachments:
A.Standard Agreement for Contract Services with D&D Services, Inc.
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of 18
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
cf.ilk?
City Manager
August 20, 2019, Item #1.5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 21st day of August, 2019, by and between the CITY
OF POWAY (hereinafter referred to as "City") and D&D SERVICES, INC., (hereinafter
referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform dead
animal disposal services (Services); and
WHEREAS, Consultant is a dead animal disposal 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
CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination
without cause shall be effective only upon 60-day written notice to Consultant. During said 60-
day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this
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.
3 of 18 August 20, 2019, Item #1.5ATTACHMENT A
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. 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.
4 of 18 August 20, 2019, Item #1.5
“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
(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. 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.
_________________________________________________
Robert J. Manis, 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.
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)
5 of 18 August 20, 2019, Item #1.5
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,
"Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall
indemnify, protect and hold harmless Indemnitees 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
Indemnitees may suffer or incur or to which Indemnitees 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, Indemnitees shall have no liability to Consultant or any other person for,
and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all
Claims that Indemnitees may suffer or incur or to which Indemnitees 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 Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys’
fees to the extent caused by Consultant’s negligence.
6 of 18 August 20, 2019, Item #1.5
(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.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any Indemnitee 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 Indemnitees 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.
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 services.
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.
7 of 18 August 20, 2019, Item #1.5
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
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.
8 of 18 August 20, 2019, Item #1.5
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)
9 of 18 August 20, 2019, Item #1.5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY D&D SERVICES, INC.
By: _________________________ By: _______________________________
Chris Hazeltine, City Manager William M. Gorman, President
Date: ______________________ Date: ____________________________
ATTEST:
Faviola Medina, City Clerk
APPROVED AS TO FORM:
By: _________________________________
Alan Fenstermacher, City Attorney
10 of 18 August 20, 2019, Item #1.5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant shall provide the necessary qualified personnel to perform the services.
Consultant shall provide all labor, materials, and equipment necessary for dead animal reporting,
pick up, removal and disposal services as required by City, which shall include but not be limited
to the following:
1. Calls For Service, Dispatching, And Record Keeping
a. Contractor shall maintain and provide a 24-hour, seven (7) day per week toll-
free telephone number to accept calls from the City and general public for pick
up and removal of dead animals.
b. Contractor will provide to the City a 24-hour, seven (7) day per week
emergency telephone number, listing supervising staff that may be called upon
to expedite removal of dead animals.
c. Contractor shall dispatch dead animal pick up requests on a seven (7) day per
week basis, including all holidays.
d. Contractor shall maintain a log of each call received which at a minimum must
contain the date, time, location, type of pick up, animal license number (if
applicable), reporting party, telephone contact number of reporting party,
confirmation that the reporting party was called back to confirm the animal was
removed, as well as the Contractor’s dispatching and pick up activity related to
the call for service. The Contractor shall submit these logs and reports to the
City on a monthly basis.
e. In cases where the dead animal was licensed, the Contractor will return the tag
to the San Diego County Department of Animal Control shelter nearest to the
City of Poway within 48 hours of retrieval.
2. Pick Up Service
a. Contractor shall pick up and remove all dead animals and/or parts thereof from
public streets, parks, rights-of-way, and other public property. Animals shall
include, but not be limited to, all animals whether wild or tame, including but
not limited to: 1) All land mammals; 2) All reptiles greater than three (3) pounds
in weight; and 3) All birds and fowl.
b. Contractor shall remove dead animals that constituted a road hazard (road
hazard shall be determined by the City) immediately upon notification by the
City. The standard “immediately” shall mean removal within a four (4) hour
period from notification of pick up request from the City or the public.
c. Contractor shall remove dead animals that do not constitute a road hazard
within twenty-four (24) hours of notification of pick up request from the City or
the public.
d. Any additional work required beyond that set forth in the scope of work (Exhibit
A, “Special Provision”) contained in the City’s Standard Agreement for Contract
Services shall be mutually agreed to by the City and the Contractor in writing,
and shall be billed on time and materials basis to the City.
3. Removal, Transportation, And Storage
a. Contractor shall maintain, at Contractor’s own expense, sufficient personnel,
11 of 18 August 20, 2019, Item #1.5
vehicles, and equipment to provide dead animal pick up, removal, and disposal
service to the City.
b. Contractor shall provide photos and information on vehicles used for services.
c. Vehicles used by Contractor to transport dead animals shall be equipped with
a watertight body or watertight tank within which dead animals may be
transported or conveyed. Any dead animal therein shall be covered with
container lid, tarpaulin or other appropriate coverage to prevent discharge,
spillage, excessive odor, or sighting of carcass from transporting vehicle.
d. Transporting vehicles shall be cleaned and disinfected on a regular basis.
e. Contractor shall provide interim storage of dead animals in conformance with
all federal, state, and local laws and health and sanitation practices.
f. Contractor shall comply with all local and state laws pertaining to vehicles and
traffic and the contractor’s responsibility for obedience of traffic regulations
pursuant to Poway Municipal Code (PMC) Chapter 10 – Vehicles and Traffic.
4. Disposal
a. Contractor shall dispose of all dead animals in conformity with applicable
federal, state, and local laws including PMC Chapter 6.16.
b. Disposal of dead animals retrieved by the Contractor is the total responsibility
of the Contractor.
5. Dead Animal Removal on Private Property
Contractor shall make available to members of the general public the removal of dead
animals from private property located within the City limits, the cost of which is the
responsibility of the property owner, not the City. The City assumes no liability or
responsibility for the cost of dead animal removal on private property. Contractor will
charge private property owners, on a per occurrence basis, a unit price of Ninety ($90)
to One-Hundred Twenty Five ($125) dollars for animals weighing less than 250
pounds, and Two-Hundred ($200) to One-Thousand Two-Hundred and Fifty ($1,250)
for animals weighing between 250 pounds and 1,500 pounds.
All services provided by Contractor under this Agreement shall be performed in
accordance with all applicable federal, state and city regulations and ordinances.
B. Compensation and Reimbursement.
City shall pay Consultant a flat monthly fee of One-Thousand, Nine-Hundred and
Forty Dollars ($1,940) as stated in the Flat Monthly Fee Schedule which is included in this
document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for
the payment of all federal, state, and local taxes of any kind which are attributable to the
compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable
expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in
performance of the services. Consultant shall bill City for such expenses as incurred, referencing
this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess
of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within
ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall
receive prior authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
12 of 18 August 20, 2019, Item #1.5
C. Term of Agreement.
This Agreement shall be effective from the period commencing August 21, 2019,
and ending August 20, 2022, 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) 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 Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers, agents, and
employees are additional insureds with respect to this subject service 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:
13 of 18 August 20, 2019, Item #1.5
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: City of Poway – Development Services
13325 Civic Center Drive
Poway, CA 92064
To Consultant: D&D Services, Inc.
4150 Bandini Blvd
Vernon, CA 90058
14 of 18 August 20, 2019, Item #1.5
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 under this section with respect to
the employment unless he or she reinstates from retirement.
(e)
(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 any unemployment
insurance compensation arising out of prior employment subject to this section with
15 of 18 August 20, 2019, Item #1.5
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:
(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.
(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.
16 of 18 August 20, 2019, Item #1.5
(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 (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 Il 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).
17 of 18 August 20, 2019, Item #1.5
Attachment 1
18 of 18 August 20, 2019, Item #1.5