Item 1.7 - Award of Contract to The Arc of San Diego for Parks Ground MaintAugust 20, 2019, Item #1.7
August 20, 2019, Item #1.7
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this First day of May, 2019, by and between the CITY
OF POWAY (hereinafter referred to as "City") and The Arc of San Diego (hereinafter referred
to as "Contractor ").
RECITALS
WHEREAS, City desires to obtain the services of a private contractor for the operation of
a training program at various parks throughout the City (Project); and
WHEREAS, Contractor is a(n) human-services non-profit that provides training to adults
with developmental disabilities and has represented that Contractor possesses the necessary
qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of
Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN
CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described 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 Contractor. During said 60-
day period Contractor shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Contractor in connection with the formation of this Agreement
or the performance of services, or the failure to perform services as directed by City. Termination
for cause shall be effected by delivery of written notice of termination to Contractor. Such
termination shall be effective upon delivery of said notice.
3 of 21 ATTACHMENT A August 20, 2019, Item #1.7
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable
Contractor to effectively perform the services. Contractor shall treat all such information as
confidential, whether or not so identified, and shall not disclose any part t hereof without the prior
written consent of the City. Contractor shall limit the use and circulation of such information, even
within its own organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has
been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor,
hereafter disclosed in publicly available sources of information; (iii) is now in the possession of
Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this contract without the prior
written consent of the City. In its performance hereunder, Contractor shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of any other
person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost
and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person,
other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that
it has not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the award or making of the Agreement. For breach of violation of this warranty,
City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City and shall be
delivered to City by Contractor upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and
the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the
Contractor has a financial interest as defined in Government Code Section 87103. Contractor
represents that it has no knowledge of any financial interests which would require it to di squalify
itself from any matter on which it might perform services for the City.
4 of 21 August 20, 2019, Item #1.7
“Contractor” 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. Contractor/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. Contractor/Contractor will be “making a government decision” or “serving
in a staff capacity” as defined in Sections A and B above. As a result,
Contractor/Contractor shall be required to file a Statement of Economic Interest
with the City Clerk of the City of Poway in a timely manner as required by law.
_________________________________________________
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted,
except as otherwise specifically provided herein, or to which City, in its sole discretion, consents
to in advance thereof in writing. Any assignment or subcontracting in violation of this provision
shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets,
accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the 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.
5 of 21 August 20, 2019, Item #1.7
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent
contractor and shall not be an employee of the City of Poway. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Contractor
accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its profession.
Contractor represents and warrants to City that Contractor shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or approval which
is legally required for Contractor to practice its profession.
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor’s
negligent performance of professional services, City and its respective elected and appointed
boards, officials, officers, agents, employees and volunteers (individually and collectively,
"Indemnitees") shall have no liability to Contractor or any other person for, and Contractor 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 Contractor's negligent performance under this
Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers,
directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor’s negligent performance of
professional services, Indemnitees shall have no liability to Contractor or any other person for,
and Contractor 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 Contractor's negligent
performance of any professional services under this Agreement, or by the negligent or willful acts
or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees,
committed in performing any of professional services under this Agreement. For Claims alleged
to arise from Contractor’s professional services, Contractor’s defense obligation to Indemnitees
shall include only the reimbursement of reasonable defense costs and attorneys’ fees to the
extent caused by Contractor’s negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims
arise from the sole negligence or willful misconduct of City or its elected and appointed boards,
officials, officers, agents, employees and volunteers.
6 of 21 August 20, 2019, Item #1.7
(d) In any and all Claims against City by any employees of the Contractor, anyone
directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification
obligation under this Section 15 shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for the Contractor under worker's
compensation acts, disability benefit acts or other employee benefit acts.
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all
action necessary to make a claim under any applicable insurance policy or policies Contractor is
carrying and maintaining; however, if Contractor fails to take such action as is necessary to make
a claim under any such insurance policy, Contractor shall reimburse City for any and all costs,
charges, expenses, damages and liabilities incurred by City in making any claim on behalf of
Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g) The rights and obligations of the parties described in this Section 15 shall survive
the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any Indemnitee and not
covered by insurance maintained, or required by this Agreement to be maintained, by Contractor:
(a) Contractor hereby assumes the risk of any and all injury and damage to the personnel
(including death) and property of Contractor that occurs in the course of, or in connection with,
the performance of Contractor’s obligations under this Agreement, including but not limited to
Contractor’s Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be
liable for injury or damage which may be sustained by the person, goods or property of Contractor
or its employees in connection with Contractor’s performance its obligations under this
Agreement, including but not limited to Contractor’s Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor
shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested
services. The City shall have the right to review and disapprove personnel for assignment to
Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
7 of 21 August 20, 2019, Item #1.7
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys’ Fees.
This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit “A” hereto. Any action to enforce or interpret the terms or
conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central
Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby
waives any right to remove any such action from San Diego County as is otherwise permitted by
California Code of Civil Procedure section 394. The prevailing party in any such action or
proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert
fees, attorneys’ fees, courts costs, arbitration costs, and any other fees. Notwithstanding the
foregoing, in the event that the subject of such an action is compensation claimed by Contractor
in the event of termination, Contractor's damages shall be limited to compensation for the 60-day
period for which Contractor would have been entitled to receive compensation if terminated
without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean
the individual or corporate Contractor and any and all employees of Contractor providing services
hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument. Documents delivered by telephonic facsimile transmission shall be valid and
binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and
City relating to the terms and conditions of the services to be performed by Contractor. No
agreements, representations or promises made by either party, whether oral or in writing, shall
be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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
8 of 21 August 20, 2019, Item #1.7
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.
9 of 21 August 20, 2019, Item #1.7
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY THE ARC OF SAN DIEGO
By: _________________________ By: _______________________________
Chris Hazeltine, City Manager Name, Title
Date: ______________________ Date: ____________________________
ATTEST:
Faviola Medina, City Clerk
APPROVED AS TO FORM:
By:
Alan Fenstermacher, City Attorney
10 of 21 August 20, 2019, Item #1.7
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Contractor agrees to perform job training services as required by City, which shall
consist of the daily routine ground maintenance services further described in the Scope of
Services submitted with the proposals dated April 3, 2019, which is included in this document as
Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.
Contractor shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposal submitted with
the proposal dated April 3, 2019, which are included in this document as Attachment 2. For year
1 of the Agreement, City agrees to pay Contractor the sum, not to exceed fifty-six thousand, five
hundred and seventy-three dollars ($56,573). Subject to City Council appropriation of funds,
Contractor shall receive a sum not-to-exceed sixty-one thousand, one hundred and sixty dollars
($61,160) for year two of the Agreement, and a sum not-to-exceed sixty-five thousand, seven
hundred and forty-seven dollars ($65,747) for year three of the Agreement. Contractor’s fee shall
include and Contractor shall be responsible for the payment of all federal, state, and local taxes
of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable
expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in
performance of the services. Contractor shall bill City for such expenses as incurred, referencing
this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess
of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within
ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall
receive prior authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing May 1, 2019 and
ending April 30, 2020, 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 Contractor. Upon expiration or
termination of this Agreement, Contractor shall return to City any and all equipment, documents
or materials and all copies made thereof which Contractor received from City or produced for City
for the purposes of this Agreement.
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations,
products/completed, broad form property damage, and blanket contractual liability with the
11 of 21 August 20, 2019, Item #1.7
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) Contractor 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.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following
three provisions:
(a) Additional Insured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers, agents, and
employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30)
days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed
boards, officers, agents, and employees. It is not secondary or in any way subordinate to any
other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance
coverages described in the paragraphs above, in a form and content approved by City, prior to
beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the
following addresses:
To City: To Contractor:
City of Poway The Arc of San Diego
P.O. Box 789 3030 Market Street
Poway, CA 92074 San Diego, CA 92102
12 of 21 August 20, 2019, Item #1.7
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
13 of 21 August 20, 2019, Item #1.7
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.
14 of 21 August 20, 2019, Item #1.7
(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).
15 of 21 August 20, 2019, Item #1.7
16 of 21 August 20, 2019, Item #1.7
17 of 21 August 20, 2019, Item #1.7
18 of 21 August 20, 2019, Item #1.7
1
EMPLOYMENT / TRAINING AGREEMENT
This agreement will constitute a contract between The City of Poway hereinafter referred to as “Customer” and The Arc
of San Diego, for the operation of a training program at the Customer’s various park locations throughout the City of
Poway (See Schedule A) to train adults with developmental disabilities to work in the ground maintenance industry.
1.Trainees
The Arc of San Diego will provide the trainees. The trainees will be selected by The Arc of San Diego. Customer will
have the opportunity to provide feedback regarding trainee selection upon request.
2.Staff
A Job Coach will be on the premises at all times that the trainees are working. The job coach will be an employee of
The Arc of San Diego. Their primary responsibility will be to train and to supervise the consumers and to ensure that
the work is performed to Customer’s specifications.
3.Work Period
Trainees perform ground maintenance services at Customer’s various sites as scheduled Monday, Tuesday, Thursday
and Friday 8:00 am -12:00 pm. Day and time may be adjusted by customer with at least 48 hours advanced notice.
4.The Arc of San Diego Responsibilities
a.Identify and provide a labor force of trainees with disabilities sufficient to perform the Scope of Work.
b.Complete the agreed work to be performed in Schedule A.
c.Provide training assistance and support for the trainer and trainees, and enforce customer’s personnel policies,
procedures, dress code, work habits and responsibilities as they pertain to the trainees.
d.Provide remuneration to the trainees for the work performed. The Arc of San Diego does not pro-rate the
monthly fee for trainees absences, instead the Job Coach will become a working member of the team. The Arc of
San Diego does pro-rate the monthly fee for rain days.
e.Provide Worker’s Compensation insurance, employee benefits, etc. for trainees.
f.Provide proof of insurance to Customer on request.
g.Share with customer responsibility of providing a safe working environment that conforms to OSHA standards
5.Customer’s Responsibilities
a.Reimburse The Arc of San Diego for the work performed by the trainees in the amount of:
May 1, 2019 through April 30, 2020 - $4,714.40 per month.
This amount shall be invoiced monthly in arrears. This amount includes trainee benefits, payroll taxes,
services, Worker’s Compensation, liability insurance, etc.
b.Provide all equipment and supplies necessary for the performance of the work assigned.
c.Provide enough work to keep the agreed-upon number of trainees engaged in work while on site.
19 of 21 August 20, 2019, Item #1.7
2
Arc San Diego Employment Training Agreement
6. Trainee Payment and The Arc of San Diego Reimbursement
The Job Coach will be responsible for the time cards of the trainees. The Arc of San Diego will carry payroll responsibility
for calculating and issuing paychecks to trainees, maintaining payroll records, and billing Customer monthly at the agreed
upon rate.
7. Hiring of Trainees
Customer will have the right of first refusal for hiring trainees as they become ready for competitive employment.
8. Term of Agreement
This agreement shall begin May 1, 2019 through April 30, 2020 and may be terminated by either party upon thirty (30)
days written notice. This agreement may be terminated immediately by the Arc of San Diego in case of danger to the
welfare of the trainees.
9. Attorney’s Fees and Cost
If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shal l
be entitled to reasonable attorney’s fees and the costs of such action.
10. Headings
The headings and titles of this agreement are inserted only for convenience and shall not affect the interpretation or
construction of any provision.
11. Governing Law
This agreement shall be governed by and interpreted according to the laws of the State of California.
12. Entire Agreement
This agreement contains the entire agreement between the parties. All prior negotiations between the parties are merged
in this agreement, and there are no understandings or agreements other than those incorporated or referred to herein. This
agreement may not be modified except by an instrument in writing; dated and signed by the duly authorized
representatives of both parties.
13. Notices
All notices, requests, demands, and other communications shall be in writing and shall be deemed to have been duly given
if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, and properly
addressed to the following address:
City of Poway-Public Works The Arc of San Diego
14467 Lake Poway Rd 3030 Market Street
Poway, CA 92064 San Diego, CA 92102
Anthony DeSalis, CEO, The Arc of San Diego Date
City of Poway . Date
20 of 21 August 20, 2019, Item #1.7
Poway 5/1/19-4/30/20
Consumers Hours Day/week
Weeks in a
Year Hrs/yr
4 4 4 52 3328
Avg wage
Avg Loaded
Wage
Per Visit
Labor $Yearly Labor $
Min Wage May-
Dec 2019
Min Wage
Jan-Apr 2020
12.33$ 15.45$ 247.26$ 51,429.80$ 12.00$ 13.00$
4 day Proposed Yearly Contract w G&A 56,573$ 4,714.40$ Monthly Cost
Proposed Yearly Contract Direct Expenses 51,430$
Poway 5/1/20-4/30/21
Consumers Hours Day/week
Weeks in a
Year Hrs/yr
4 4 4 52 3328
Avg wage
Avg Loaded
Wage
Per Visit
Labor $Yearly Labor $
Min Wage May-
Dec 2020
Min Wage
Jan-Apr 2021
13.33$ 16.71$ 267.31$ 55,599.79$ 13.00$ 14.00$
4 day Proposed Yearly Contract w G&A 61,160$ 5,096.65$ Monthly Cost
Proposed Yearly Contract Direct Expenses 55,600$
Poway 5/1/21-4/30/22
Consumers Hours Day/week
Weeks in a
Year Hrs/yr
4 4 4 52 3328
Avg wage
Avg Loaded
Wage
Per Visit
Labor $Yearly Labor $
Min Wage May-
Dec 2020
Min Wage
Jan-Apr 2021
14.33$ 17.96$ 287.35467 59769.77067 14.00$ 15.00$
4 day Proposed Yearly Contract w G&A 65,747$ 5,478.90$ Monthly Cost
Proposed Yearly Contract Direct Expenses 59,770$
The Arc of San Diego
City of Poway Contract Proposal 21 of 21August 20, 2019, Item #1.7