Item 1.9 - Approval of Agmt. with Gary F. Hoyt for as-needed Landscape Plan Check and Insp. SvcRecommended Action:
City of Poway
COUNCIL AGENDA REPORT
DATE: December 17, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: David DeVries, City Planner CAIN
858) 668-4604, ddevries@poway.org
SUBJECT:
Summary:
Darian Demerjian, Management Analyst \
858) 668-4636, ddemerjian@poway.org
Approval of Agreement between City of Poway and Gary F. Hoyt
Landscape Architecture, Inc., for as -needed Landscape Plan Check
and Inspection Services
The City's current as -needed consultant agreement for landscape plan check and inspection
services is expiring, and a new agreement is needed. After reviewing responses to a Request for
Proposal, staff has selected Gary F. Hoyt Landscape Architecture, Inc., to provide as needed
landscape plan check and inspection services. The term of the agreement is from December 21,
2019 through December 20, 2020, with a provision to mutually extend the agreement with three
extensions of one year each.
It is recommended that the City Council authorize the City Manager to enter into an agreement
with Gary F. Hoyt Landscape Architecture, Inc. for as -needed landscape plan check and
inspection services, effective December 21, 2019, for a period of one year with the ability to extend
by one-year increments for up to three additional years.
Discussion:
In October 2019, the City sent out a Request for Proposal for as -needed landscape inspection
services which was advertised on eBidboard and the City of Poway Website. One proposal was
received from the City's current consultant, Gary F. Hoyt Landscape Architecture, Inc.
The Fee Proposal from Gary F. Hoyt Landscape Architecture, Inc., Attachment 1 of the Standard
Agreement, reflects a proposed flat fee of $720 for projects with a construction valuation of $1.00
to $15,000 which is aligned with the current Master Fee Schedule. The hourly rate for projects
with a construction valuation of $15,001 and greater is $90/hour which is a $10 increase from the
previous hourly rate. Staff reviewed the proposal and selected Gary F. Hoyt Landscape
Architecture, Inc. based on qualifications, experience and competitive rates.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
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Fiscal Impact:
Sufficient funds are available for this contract in the adopted Fiscal Year 2019-20 budget. All
landscape plan check and inspection services are paid for by the applicants through a flat fee or
deposit, depending on the construction valuation, and then remitted to Gary F. Hoyt Landscape
Architecture, Inc. for services performed. Amounts for future years will be included in the annual
budget for Council's consideration.
Public Notification:
None.
Attachments:
A. Standard Agreement for Services with Gary F. Hoyt Landscape Architecture, Inc.
Reviewed/Approved By:
i l_ e....
W
Wendy (aserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chri
City Mana
December 17, 2019, Item #1.9
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 21st day of December, 2019, by and between the
CITY OF POWAY (hereinafter referred to as "City") and GARY F. HOYT LANDSCAPE
ARCHITECTURE, INC., (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform as -
needed landscape architecture plan check and inspection services; and
WHEREAS, Consultant is a landscape architect 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.
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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.
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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)
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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 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, 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 lndemnitees may suffer or incur or to which lndemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss of use
of property, economic loss or otherwise to the extent occurring as a result of Consultant's
negligent performance of any professional services under this Agreement, or by the negligent or
willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or
employees, committed in performing any of professional services under this Agreement. For
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation
to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys'
fees to the extent caused by Consultant's negligence.
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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 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.
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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 (CaIPERS) and
shall not become members of CaIPERS while providing services to City.
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Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CaIPERS 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
CaIPERS in the event CaIPERS 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.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY GARY F. HOYT ARCHITECTURE, INC., a
California corporation
By: By:
Chris Hazeltine, City Manager Gary F. Hoyt, President/CEO
Date:
ATTEST:
Faviola Medina, City Clerk
APPROVED AS TO FORM:
By:
Alan Fenstermacher, City Attorney
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Date:
December 17, 2019, Item #1.9
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 landscape plan check
and inspection services as required by City, which shall include but not be limited to the following:
1. Plan Check Services
a. Perform irrigation and landscape plan review of construction plans within ten
business days, or as otherwise directed, for the entire plan check process including
re -checks. Include recommendations based on experience with maintenance and
growth rates of plant materials.
b. Provide a rapid turnaround of the reviewed plans while ensuring a quality review
process. Typical turnaround times for City of Poway are one to two weeks
depending on the complexity of the project.
c. Review conceptual landscape plans for projects during entitlement process, as
needed.
d. Review and comment on existing and proposed regulations and policies based on
new State and Federal Statutes and as directed.
e. Meet with staff and applicants when requested by staff.
f. Review tree removal permits on private property, as needed.
g. Attend pre -construction meetings, as needed.
h. Develop and maintain written lists of corrections needed to have the submitted
plans conform to the applicable codes and regulations.
i. Transmit such correction lists to, and consult with, the applicant or design
professional as necessary in order to explain the corrections to be made to have
the proposed construction conform to the applicable codes and regulations. Issue
the necessary approvals when, in the Consultant's opinion, the plans appear to be
complete, have met all applicable state and local requirements and corrections are
addressed.
j. Update permit tracking software and transmit corrections to applicant and
landscape designer or architect.
2. Field Inspection Services
a. Perform field inspections within two business days upon request, or as otherwise
directed, including but not limited to, inspections of plant materials (including
sizing, type, height and location); its irrigation main lines, main line pressure
checks, irrigation coverage (ensure spray and drip systems are functioning with
minimal overspray), review/approval of plant material for City projects, required
plant coverage and tree/shrubs per acre, and fire management plans: (1) during
construction; and (2) prior to issuance of building certificate of occupancy to
determine compliance with applicable codes and regulations.
b. Develop and maintain written lists of corrections needed to have the physical
improvements conform to the approved plans and applicable codes and
regulations.
c. Transmit such correction lists to, and consult with, the applicant or design
professional or contractor as necessary in order to explain the corrections to be
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made to have the physical improvements conform to the approved plans and
applicable codes and regulations.
d. Update permit tracking software and transmit corrections to applicant, contractor
and landscape designer or architect.
3. Management Approach
a. The Consultant must reflect professionalism and courtesy when dealing with the
public and City staff.
b. The Consultant will provide copies of all correspondence records, inspection
reports, and approval reports to the Department of Development Services.
c. The Consultant will invoice the Department of Development Services for services
rendered in a manner consistent with City standards as approved by the City's
Finance Division.
d. The City shall collect all fees in connection with the Consultant performing the work
set forth in this proposal and under no condition will such fees be collected by the
Consultant.
e. Consistent with the authority contained in the law, the Consultant shall have the
decision authority consistent with and necessary for the timely and proper
enforcement of the laws and ordinances assigned to the Consultant for
enforcement, and such decisions shall be consistent with the wording of the
regulations.
f. The Consultant shall provide its own office space and clerical support at its sole
cost and expense. Specific accommodations to the Consultant by the City may be
permitted on a case-by-case basis if such accommodations are of no additional
cost to the City.
g. Phone calls, text messages and emails shall be responded to within 24 hours with
a reasonable timeline for completeness of requests.
h. Priorities may be shifted or reorganized in order to expedite certain project reviews
and inspections.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted
with the proposals dated November 5, 2019, which are 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.
C. Term of Agreement.
This Agreement shall be effective from the period commencing December 21,
2019, and ending December 20, 2020, unless sooner terminated by City as provided in the section
of this Agreement entitled "Termination." This Agreement may be extended for up to three
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,
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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.
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.
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E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the
following addresses:
To City:
To Consultant:
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City of Poway — Development Services
13325 Civic Center Drive
Poway, CA 92064
Gary F. Hoyt Landscape Architecture, Inc.
12888 Francine Terrace
Poway, CA 92064
December 17, 2019, Item #1.9
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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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
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December 17, 2019, Item #1.9
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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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.
2 December 17, 2019, Item #1.9
Cal Gov Code § 7522.56
g)A retired person who accepted a retirement incentive upon retirement shall not be eligible
to be employed pursuant to this section for a period of 180 days following the date of
retirement and subdivision (f) shall not apply.
h)This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 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)(1) and (0(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 (0(4); and (3) "Judges' Retirement System" for
Judges' Retirement System I" in subd (i).
17 of 18
3 December 17, 2019, Item #1.9
Gary .F. Hoyt
landscape
architecture, inc.
Gary F. Hoyt, AS LA
Principal
Landscape Architecture
Land Planning
12888 Francine Terrace
Poway, CA 92064
tel:
cell:
fax:
858.486.4931
619.306.4216
858.486.6982
e-mail: ghoyt@garyfhoytinc.com
RLA #2517
18of18
Attachment 1
FEE PROPOSAL
Gary F. Hoyt Landscape Architecture, Inc.
compensation to provide landscape plan check and inspection
and other related services to the City of Poway is outlined below.
1. Flat fee for plan checks, re -checks, and inspections for,
projects with a construction valuation of $1.00 to $15,000.00:,
720.00
2. Hourly rate for plan checks, re -checks, and inspections . for
projects with a construction valuation of $15,001.00 • and
greater: $90.00/ hour
3. Hourly billing rate for consultation as requested by the City:
90.00/hour
Note:
As part of the next Master. Fee Schedule update, Gary F.
Hoyt Landscape Architecture, Inc. suggests. that City staff
review and • consider revising the standard landscape cost
estimate worksheet upon which project valuation is based. The
cost estimate • worksheet does not include many corrimon
landscape construction items. It has not been updated since
1993., and thus does not reflect current landscape industry costs.
A review is justified due to the greater complexity of
landscape plan checks, and the resultant time increases
necessary to perform high quality and complete plan reviews. In
the intervening years since 1993, many additional .statutory and
regulatory requirements have had to be incorporated into
landscape plans including storm water pollution prevention, low
impact development techniques, water efficient landscape
standards and water use calculations, wildland-urban interface
WUI) code changes for vegetative fuel management . and fire
safety, biological conservation, and • recycled water use
regulations.
December 17, 2019, Item #1.9