06-01-21 Agenda PacketAG EN DA Poway City Council
Council Chamber I 73325 Civic Center Drive I Poway, CA I 92064
June 1, 2021 I 7 p.m.
Thank you for participating in your local government and the City of Poway council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at
7:00 p.m.
Meetings I Pursuant to the Governor's Executive Order N-29-20, a local legislative body is authorized
to hold public meetings via teleconferencing and to make public meetings accessible telephonically
or otherwise electronically to all members of the public seeking to observe and to address the local
legislative body, during the period in which local public officials impose measures to promote social
distancing. Although this Regular City Council meeting will be held at the Council Chambers located at
13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will not be open to the public.
Remote public participation is encouraged in one of the following ways:
To Watch Live:
www.poway.org/councilmeetings
To Speak and Participate:
Go to: www.poway.org/meeting and join using
"Computer Audio"
If your electronic device has no microphone or
speakers:
Call: (877) 853 -5247
Enter Meeting ID: 623 291 9830
Enter Participant ID provided on your computer
PLEASE NOTE: If you wish to participate, please
also read the Speakers section for detailed
instructions as it has changed.
Public Meeting Access I Residents are strongly encouraged to participate and view remotely at the
June 1, 2021 meeting livestream via www.poway.org/councilmeetings (to watch live), via
www.poway.org/meeting (to speak and participate), or on Cox Communications Channel 24 and
Spectrum Channel 19. Meetings are rebroadcast on Mondays, Thursdays and Fridays at 6 p.m. and
Saturday and Sundays at 3 p.m. Council meeting videos are archived and available for viewing on the
City's website at www.poway.org/councilmeetings. Submission of written comments concerning items
on the agenda is encouraged.
Speakers I If viewing online or calling in via telephone, it is highly recommended to log in to the
waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing
to address the Council on matters not on the agenda may do so under Public Comment. Those wishing
Steve Vaus
Mayor
Barry Leonard
Deputy Mayor
Dave Grosch
Councilmember
Caylin Frank
Council member
John Mullin
Council member
to speak on items on the agenda may do so when the item is being considered. If you wish to speak
and are joining the meeting online, please let the City Clerk know prior to the meeting or the
announcement of the item by raising your hand digitally or by submitting a chat. If you are not using
your computer's audio, please remember to enter your Participant ID on your computer screen when
prompted on the phone. If you choose to call in without logging in online and you wish to speak on
an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to
speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time
if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be
accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be
made available online after the meeting.
Te chnical Support I For more information on how to connect, visit www.poway.org/meetinghelp. If
you have trouble connecting or accessing the meeting, the Information Technology team is available
to help at (858) 668-4451.
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are
ava ilable for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to
receive email notifications when City Council agendas are published online. Items listed on the agenda
with a"#" symbol are in preparation.
American Disa bilit ies Act Title II I In compliance with the Americans with Disabilities Act of 1990,
persons with a disability may request an agenda in appropriate alternative formats as required by
Title II. Any person with a disability who requires a modification or accommodation in order to
participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24
hours prior to the meeting.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority,
Public Financing Authority and Successor Agency to the Poway Redevelopment Agency
CALL TO ORDER:
RO LL CALL:
PLED GE OF ALLEGIANCE:
MOMENT OF SILE NCE:
PRESENTATION:
PUBLI C COMMENT: In accordance with State law, an item not scheduled on the agenda may be
brought forward by the general public for comment; however, the City Council will not be able to
discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to address the Council under Public Comment.
2 of 4 Regular City Council Meeting June 1, 2021
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a
Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager
requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the May 4, 2021 Regular City Council Meeting Minutes
3. Resolution to Continue the Existence of a Local Emergency within the City of Poway Due to the
Novel Coronavirus (COVID-19) Global Pandemic
4. Resolution Confirming Adjustments to EDCO Waste and Recycling Services' Rate Schedule
5. Award of Agreement for Street Sweeping Services, Cannon Pacific Services, Inc. d/b/a Pacific
Sweeping; RFP No. 21-025
6. Award of Agreement with Siemens Industry, Inc. for Heating, Ventilation and Air Conditioning; RFP
No. 21-020
7. Approval of Agreement Between the City of Poway and TicketSearch North America LLC for Box
Office Ticketing Software at the Poway Center for the Performing Arts
8. Acceptance of the Welcome to Poway Sign Replacement Project; Bid No. 21-002 with New Century
Construction, Inc. as Complete
9. Award of Contract to L.C. Paving & Sealing, Inc., for the FY 2020-21 ADA Barrier Removal -Lake
Poway Pathways Project; Bid No. 21-016
10. Award of Agreement to Wittman Enterprises, LLC for Emergency Medical Services Billing and
Collection Services through Cooperative Purchase
ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS:
11. Adoption of the City of Poway's 2020 Urban Water Management Plan and Addendum to the City
of Poway's 2015 Urban Water Management Plan
City Manager's Recommendation: It is recommended that the City Council take public input,
close the public hearing and adopt the Resolutions.
3 of 4 Regular City Council Meeting June 1, 2021
STAFF REPORTS:
12. Provide Water Infrastructure Improvement Program Update and Adopt a Resolution Authorizing
Reimbursement of Certain Water Capital Improvement Expenditures from the Proceeds of Future
Indebtedness
City Manager's Recommendation: It is recommended that the City Council adopt a Resolution
authorizing reimbursement of certain water capital improvement expenditures from the
proceeds of future indebtedness.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
CLOSED SESSION:
AD !OURNMENT
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Vaid a Pavo/as, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a
Regular Meeting as called by the City Council of the City of Poway was posted and provided on May 25, 2021 at
4:15 p.m. Said mee,tir:ig to be held at 7:00 p.m.,June 1, 2021, in the Poway City Council Chambers, 13325 Civic
Center Orr Poway» C1 lifornia. Said notice was posted on the Bulletin Board at the entrance to City Hall.
"
4of 4 Regular City Council Meeting June 1, 2021
AGENDA REPORT City of Poway
DATE:
TO:
FROM:
June 1, 2021
Honorable Mayor and Members of the City Council
Vaida Pavolas, City Clerk ✓~
(858) 668-4535 or vpavolas@poway.org
CITY COUNCIL
SUBJECT: Approval of the May 4, 2021 Regular City Council Meeting Minutes
Summary:
The City Council Meeting Minutes submitted hereto for approval are:
• May 4, 2021 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the
Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended that the City Council approve May 4, 2021 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. May 4, 2021 Regular City Council Meeting Minutes
Reviewed/ Approved By:
Wend aserman
Assistant City Manager
1 of7
Reviewed By:
Alan Fenstermacher
City Attorney
June 1, 2021, Item #2
ATTACHMENT ANOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES May 4, 2021 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS PUBLIC COMMENT Pierra Moise submitted email correspondence regarding smoke free outdoor dining. Kenneth Post submitted email correspondence regarding smoke free outdoor dining. 2 of7 June 1, 2021, Item #2
City of Poway -Minutes -May 4, 2021
Summer Lawrence submitted email correspondence regarding smoke free outdoor dining.
Kyle Laferriere submitted email correspondence regarding smoke free outdoor dining.
Harry Rogers submitted email correspondence regarding smoke free outdoor dining.
Joe St. Lucas, via teleconference, spoke regarding Fibromyalgia Awareness Day.
Daniel Shirkey, with San Diego County Tax Payers' Association, via teleconference, spoke in
opposition of new taxes and fees.
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Councilmember Frank to approve Consent
Calendar Items 1 through 9 Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Mullin, Frank, Grosch, Leonard, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the April 6, 2021 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 21-020 entitled "A Resolution of the City Council of the City of
Poway, California, Finding and Declaring the Continued Existence of an Emergency within
the City due to the Novel Coronavirus (COVID-19) to Continue the Existence of a Local
Emergency Global Pandemic"
4. Award of Bid for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment
Plant; RFB Bid No. 21-023
5. Award of Agreement with BrightView Landscape Services, Inc., LaBahn's Landscaping, and
Steven Smith Landscaping, Inc. for Landscape Maintenance Services; RFP No. 21-018
In response to Council comment, Director of Public Works Eric Heidemann explained that
despite having a higher contract cost, Brightview Landscaping had considerable municipal
experience and resources therefore they were selected. Assistant City Manager Wendy
Kaserman responded to Council's inquiry regarding the Poway Center for the Performing Arts
and stated Poway Unified School District pays 35 percent cost share which includes
landscape services.
6. City's Investment Report as of March 31, 2021
7. Adoption of Resolution No. 21-021 entitled "A Resolution of the City Council of the City of
Poway, California, Authorizing Acceptance of Grant Funding from the Federal Emergency
Management Agency in the amount of $137,906.25 or more, if available; and authorizing the
City Manager, or Designee, to Execute any Necessary Documents to Meet the Grant
Requirements and to Complete the Hazardous Tree Removal Wildfire Mitigation Project."
3 of7 June 1, 2021, Item #2
City of Poway -Minutes -May 4, 2021
8. Award of Contract to Blue Pacific Engineering & Construction for the Exposed Sewer East of
Martincoit Project; Bid No. 21-012
9. Award of Contract to Bellingham Marine Industries, Inc., for the Dock Repair Project
ORDINANCES FOR INTRODUCTION
None.
ORDINANCES FOR ADOPTION
10. Second Reading and Adoption of Ordinance No. 847 entitled "An Ordinance of the City
Council of the City of Poway, California, Amending Chapter 10.42 (Truck Routes and
Maximum Gross Weight Limits) of the Poway Municipal Code"
Yuri Bohlen, via teleconference, spoke in support of the adoption of the Ordinance.
Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt
Ordinance No. 847 entitled "An Ordinance of the City Council of the City of Poway,
California, Approving Specific Plan Amendment 21-001 to the Poway Road Specific
Plan to Allow Thrift Stores in the Commercial Office and Mixed Use Land Use Districts
and Antique Shops and Consignment Stores in the Mixed Use Land Use District".
Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
PUBLIC HEARINGS
Mullin, Frank, Grosch, Leonard, Vaus
None
None
None
None
11. Variance 21-001; a Request to Allow a Mailroom Structure to Observe a Reduced Front Yard
Setback at 12421 Aria Court. APN: 317-534-43
Mayor opened the public hearing at 7: 15 p.m.
Associate Planner Oda Audish presented the report along with a PowerPoint presentation.
Ms. Audish explained the project site is part of the Aria Estates subdivision and is a designated
open space lot that is privately owned and will be maintained by Aria Estates. Ms. Audish
further explained the 120-square-foot mailroom structure requires a 40-foot setback but due
to the unique circumstances applicable to the property, the applicant is requesting a variance
for convenient location of the structure for future residents.
No speakers.
Mayor closed the public hearing at 7:23 p.m.
In response to Council inquiry, Ms. Audish explained that as an approval of the Tentative Tract
Map, there is a requirement to landscape along a sidewalk and slope on Pomerado Road
which will be completed before occupancy.
4of7 June 1, 2021, Item #2
City of Poway -Minutes -May 4, 2021
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No.
21-022 entitled "A Resolution of the City Council of the City of Poway, California,
Approving Variance 21-001 to allow a Mailroom to Observe a Reduced Front Yard
Setback; Assessor's Parcel Number 317-534-43." Motion carried unanimously.
STAFF REPORTS
12. Los Penasquitos Lagoon Restoration Project
Senior Civil Engineer Tracy Beach presented the report along with a PowerPoint presentation.
No speakers.
In response to Council's inquiry Ms. Beach explained that in order to update the Water Quality
Improvement Plan model, all of the copermittees have to agree to the update. Ms. Beach
mentioned that there will be a new storm water permit with new requirements, which may
require a new plan model. In response to Council inquiry, Director of Finance, Aaron Beanan,
stated that the Phase 1 cost share will be covered by the unassigned fund balance.
Motioned by Mayor Vaus, seconded by Councilmember Frank to authorize the City
Manager to execute the Phase 1 Cost Share Agreement for the Los Penasquitos Lagoon
Restoration Project and authorize the City Manager to appropriate funds. Motion
carried unanimously.
13. Pre-Development Conference 21-002, a Request for Review of a Proposal to Amend the Old
Coach Estates Specific Plan to Designate Portions of a Remainder Parcel as Residential,
Establish Development Standards for a Six-Lot Subdivision on a Property Located North of
the Intersection of Espola Road and Old Coach Road, and Allow for the Development of One
Residential Unit East of Old Coach Road and Approximately One Mile North of Espola Road
Senior Planner Austin Silva presented the report along with a PowerPoint presentation. Mr.
Silva discussed a request from Sunroad Enterprises to modify the Old Coach Golf Estates
Specific Plan in order to subdivide a remainder parcel into six residential lots and a new
remainder lot.
Uri Feldman, Vice President of Sunroad Enterprises, stated the plan they formulated was to
provide more housing without any additional density.
No speakers.
Council discussion ensued.
Council provided feedback to staff and the applicant to evaluate community benefits,
conduct a traffic study to ensure residents are able to access their homes safely and
protect access to trails.
WORKSHOPS
14. Review of the Draft 2020-2029 Housing Element Update and Submittal of Draft to the
California Department of Housing and Community Development for 60-Day Review
5 of7 June 1, 2021, Item #2
City of Poway -Minutes -May 4, 2021
City Planner David De Vries presented the report along with a PowerPoint presentation. Mr.
De Vries explained state law requires General Plans include seven mandatory elements. He
further elaborated that one of the mandatory elements is the Housing Element which provides
an assessment of the community's housing needs and requires frequent updates, the last of
which was done in 2013.
Amit Asaravala, via teleconference, suggested increasing Poway's in-lieu fees.
Marianna Benedict-Bacil/a, via teleconference, suggested that the Big Stone Lodge site be
removed from the low-income housing building site.
Yuri Bohlen, via teleconference, spoke about Proposition FF.
Jana Johnson, via teleconference, suggested installation and implementation of Electrical
Vehicle chargers and the addition of a roadway for biking or pedestrians.
Michael Yee, via teleconference, suggested access of electrical personal mobility devices for
residents.
Mike Hegstad submitted email correspondence requesting that the homes have solar panels,
contain electrical appliances and the community have an Electrical. Vehicle. charging
destination.
Laura Nunn submitted email correspondence suggesting that affordable housing be
developed.
Michael Yee submitted email correspondence suggesting secure charging access fore-bikes
and other personal mobility devices and improving the mobility options for those who cannot
afford a car.
Chris Cruse submitted email correspondence suggesting that several of the parcels owned
by the Poway Housing Authority on the Residential Sites Inventory need to be sold if
development does not commence by August 2022.
Council discussion ensued.
In response to Council inquiry Mr. De Vries explained the City was short on requirements for
built housing units and as a result, there had to be a certain number of by-right housing units.
Mr. De Vries further clarified affordable housing overlays were done on three sites and the
overlays already included the by-right requirements, therefore, rezoning did not take place on
any sites. Mr. De Vries shared the penalty for not adopting the Draft Housing Element by
August 13, 2021 is that the housing element would be required to be updated after four years,
instead of an eight-year cycle.
Council provided direction to staff to authorize the Draft Housing Element to be
submitted to the California Department of Housing and Community Development for
60-day review.
COUNCIL-INITIATED ITEMS
None.
6 of7 June 1, 2021, Item #2
City of Poway -Minutes -May 4, 2021
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C.
53232(d))
The Mayor and Council made announcements and reported on various events taking place in the
City. No action was taken.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
None
ADJOURNMENT
The meeting adjourned at 8:48 p.m.
7 of7
Vaida Pavolas, CMC
City Clerk
City of Poway, California
June 1, 2021, Item #2
June 1, 2021, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway June 1, 2021 Honorable Mayor and Me~ of the City Council Jon M. Canavan, Fire Chief~ Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org CITY COUNCIL Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVI D-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Recommended Action: It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVI D-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVID-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re-opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. And in 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4 and May 18. The adopted resolution requires 1 of 5
June 1, 2021, Item #3the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of May 17, 2021, City costs to respond to COVID-19 are estimated at $894,753. These costs specifically relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $19,233,004 as of June 30, 2020, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $12,142,455 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVID-19, as mentioned above, on April 20, 2020, the City Council approved $2,000,000 to fund the PEARL program for small businesses. The PEARL program's goal is to offer financial assistance to small businesses located in Poway by complementing existing state and federal loan programs and to provide a financial bridge to businesses to survive the current emergency. The PEARL program provides loans of up to $50,000 to eligible business. As of May 17, 2021, staff has received 80 applications requesting $2,912,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chr:&:; City Manager
June 1, 2021, Item #3RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4 and May 18; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 3 of 5 ATTACHMENT A
June 1, 2021, Item #3Resolution No. 21-Page 2 SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of June, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 of 5
June 1, 2021, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Director of Emergency Services 5 of s ATTACHMENT B
June 1, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL June 1, 2021 Honorable Mayor and Members of the City Co~ncil Eric Heidemann, Director of Public Works f l1"-f Will Wiley, Assistant Director of Public Works for Maintenance Operations• (858) 668-4705 or wwiley@poway.org Resolution Confirming Adjustments to EDCO Waste and Recycling Services' Rate Schedule On June 2, 2020, the City Council adopted Resolution No. 20-034 (Attachment A) approving EDCO Waste and Recycling Services' (EDCO) rate schedule; and approving pass-through/inflationary adjustments through June 30, 2025, using the same methodology and formulas prescribed for rate adjustments in the Franchise Agreement between the City and EDCO. EDCO has requested the annual rate adjustment for Fiscal Year 2021-22. The proposed resolution (Attachment B) confirms the solid waste and recycling service and disposal rate schedule adjusted for Fiscal Year 2021-22 is consistent with Resolution No. 20-034 and the approved methodology. Recommended Action: It is recommended that the City Council adopt the Resolution confirming an adjustment to EDCO Waste and Recycling Services' rate schedule effective July 1, 2021, consistent with Resolution No. 20-034. Discussion: The City has an exclusive Franchise Agreement with EDCO for solid waste collection and recycling services. The Franchise Agreement establishes the methodology for establishing rates for residential and commercial solid waste collection. On March 25, 2021, as required under the terms of the Franchise Agreement, EDCO notified the City of an increase in the Consumer Price Index (CPI) and requested a rate increase effective July 1, 2021 (Attachment C). Any adjustment to the solid waste and recycling rate for residential and commercial collection services is subject to detailed notice and public hearing requirements, commonly referred to as Proposition 218. On June 2, 2020, the City Council held a noticed public hearing pursuant to Proposition 218 and adopted Resolution No. 20-034 approving EDCO's rate schedule, which included the adoption of an 1 of 39
June 1, 2021, Item #4organics recycling fee, and approved pass-through/inflationary adjustments to EDCO's service fees through June 30, 2025. The Resolution specifies the method and formula to be used in calculating the maximum allowable rate adjustment based on the CPI and fluctuation in disposal tipping fees. In accordance with the Franchise Agreement with EDCO, solid waste service rates may only be increased because of landfill disposal fee increases, cost of living increases (CPI) or because of extraordinary circumstances. Per the Franchise Agreement, solid waste rate adjustment may be requested annually. The City's solid waste service rates are comprised of four components: 1) service fee; 2) disposal fee; 3) AB 939 fee; and 4) the franchise fee. Adjustments to the disposal fee, the service fee and franchise fee are being requested at this time, which are based on changes in the CPI. No change to the AB 939 fee is proposed. As specified in the Franchise Agreement, the CPI adjustment is based on the second half of the previous twelve-month period for the San Diego-Carlsbad area index for All Urban Consumers. The second half of the 2019 index was 300.718 and the second half of the 2020 index was 305.823, a change of 5.10 points or 1.698 percent in the index. The CPI increase accounts for costs of labor, fuel, capital replacement and administrative costs. The disposal fee increase is calculated separately from the CPI adjustment. The increase is determined following provisions contained in the Regional Solid Waste Association (RSWA) Disposal Agreement with EDCO, of which the City is a member agency. Effective July 1, 2021, the RSWA disposal rate increased from $45.54 per ton to $46.22 per ton or 1.493 percent (included within Attachment C). this increase is applied to the disposal fee component of the rate by multiplying the amount that represents the disposal costs by the percentage increase (1.493 percent). For residential rates, the landfill disposal costs represent a $0.06 adjustment. For commercial-multifamily rates, the landfill disposal cost adjustment varies depending on the level and frequency of service but ranges from $0.15 (1 yd. bin pick up1 /week) to $5.27 (6yd. bin picked up 6x/week). For illustrative purposes, the following tables show the current monthly rates and the proposed Fiscal Year 2021-22 monthly Solid Waste/Recycling Service Rates for the three most common service levels and commercial commingled organics. Table 1: Residential Service -35-Gallon 35-Gallon Residential Cart Single Family Mo nth ly Rate Current Proposed (7 /1 /20) (7/1/21) Service Fee $12.14 $12.35 (1J (1J Vl ~ $4.31 cu cu Disposal Tip Fee $4.25 co 0:::: Franchise Fee 10% $1.82 $1.85 AB 939 Fee $1.20 $1.20 Total $19.41 $19.71 Change $0.30/mo. 2of39
June 1, 2021, Item #4Table 2: Residential Service -95 Gallon 95-Gallon Residential Cart Single Family Monthly Rate Current Proposed (7/1 /20) (7/1/21) Service Fee $18.48 $18.79 <l) <l) l/') µ m m Disposal Tip Fee $4.25 $4.31 co a::: Franchise Fee 10% $2.53 $2.57 AB 939 Fee $1.20 $1.20 Total $26.46 $26.87 Change $0.41/mo. Table 3: Commercial Service -3-Yard Bin 1x/week 3-Yard Bin Commercial (Picked up 1 x/week) Monthly Rate Current Proposed (7 /1 /20) (7 /1 /21) Service Fee $75.34 $76.62 <l) <l) l/') µ m m Disposal Tip Fee $29.45 $29.89 co a::: Franchise Fee 10% $11.64 $11.83 Total $116.43 $118.34 Change $1.91 /mo. Table 4: Commercial Organic Rates Size Frequency (per week) Extra Pickup 1 2 3 Cart (65 gal.) $88.49 $176.99 $265.48 $35.40 Cart (95 gal.) $99.81 $199.62 $299.42 $39.92 2 Cubic Yards $161.87 $323.74 $485.61 $64.75 Staff reviewed EDCO's request and determined the proposed rates to be in compliance with the Franchise Agreement and consistent with the method and formula contained in Resolution 20-034. Since the City Council previously held a public hearing and approved pass-through/inflationary adjustments through June 30, 2025, staff is recommending that the City Council confirm the proposed rate schedule effective July 1, 2021, by adopting the proposed resolution (Attachment B). The formula for the solid waste fee adjustment will be applied to all customer rate categories: single family residential, commercial, and multifamily residential, and roll-off services. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 3 of39
June 1, 2021, Item #4Fiscal Impact: This action will result in an estimated increase to the City's Solid Waste Franchise Fee account (1000-77730), of approximately $65,000 per fiscal year. Public Notification: None. Attachments: A. Resolution No. 20-034 B. Proposed Resolution C. EDCO Solid Waste Rate Adjustment Request Reviewed/ Approved By: ~~ ~ Wendy ~erman Assistant City Manager 4of39 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch~ City Manager
June 1, 2021, Item #4RESOLUTION NO. 20-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING AN ADJUSTMENT TO THE EDCO WASTE AND RECYCLING SERVICES RATE SCHEDULE AND RESCINDING RESOLUTION NO. 19-026 WHEREAS, the Public Resources Code Section 41901 provides local jurisdictions the authority to assess solid waste fees to meet state-mandated costs associated with the passage of AB 939; WHEREAS, the City Council awarded the exclusive Solid Waste Franchise Agreement to Mashburn Waste and Recycling Services on September 21, 1994; and Mashburn became EDCO Waste and Recycling Services (Contractor) in 1998; WHEREAS, the Cfty Council revised Article 8 of the Franchise Agreement between the City of Poway and Contractor by adding AB 939 fees as an additional criterion for the annual adjustment of monthly rates upward or downward; WHEREAS, Article 8 of the Franchise Agreement requires City Council approval prior to any increase in the Contractor's service rates; WHEREAS, Article 8 of the Franchise Agreement allows the Contractor to request an adjustment to monthly rates due to the Contractor's increased costs resulting from changes in landfill disposal fees, changes in the Consumer Price Index (CPI) or special circumstances; WHEREAS, the current rate sch.edule (attached hereto as Exhibit A) has been revised to reflect the effects of a 2.59 percent landfill disposal fee increase, a 1.93 percent change in the CPI, various commercial organic waste collection service fees, and a $3.68 per month residential organic recycling fee to be implemented when EDCO's Anaerobic Digestion Facility becomes operational; WHEREAS, the City Council of the City of Poway held a public hearing on June 2, 2020, notice of which was duly provided, and which was conducted, pursuant to the provisions of Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (California Government Code section 57350 et seq.); WHEREAS, the City Council received a final tabulation of all written protests received by the City Clerk at the June 2, 2020 City Council Meeting; WHEREAS, the City Council heard and considered all written and oral protests to the proposed changes to the rates at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That the above recitations are true and correct; SECTION 2: The City Council finds that a total of ::::._ 3 protests to the proposed increase in rates were received at the time of the conclusion of the publi.c hearing and that no majority protest exists; 5 of 39 ATTACHMENT A
June 1, 2021, Item #4Resolution No. 20-034 Page 2 SECTION 3: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway" effective July 1. 2020, is hereby adopted as shown in Exhibit A and attached hereto; SECTION 4: The fees adopted herein are for the exclusive right to collect from and charge Poway customers for solid waste, recyclables, yard waste, cornpostables and other services at rates fixed by the City Council from time to time; SECTION 5: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway'1 shall be implemented on July 1, 2020, to correspond with the next regular billing cycle following the effective date of the rate increase; SECTION 6: The following tables provide the formula for future increases of the "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway" to be charged through June 30, 2025; Service Fee The Franchise Agreement with EDCO allows for an annual increase of the service fee, effective July 1 of each year. The following table uses a formula and the San Diego, CA area CPI for All Urban Consumers (all items)1 base period of 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics for the latest 12-month period for which statistics are available. The adjustment is calculated by comparing the San Diego CPI for the second half of year one (X) with the second half of year two (Y) which produces an index change. This number is divided by the previous period (X) and multiplied by 100 which is the value used as the multiplier for the service component of the base rate. SERVICE FEE PORTION FORMULA Rate Increase for Service Fee Portion FY 2021-22 Previous CPI Second Half SD-Carlsbad 2019 Previous CPI Second Half SO-Carlsbad 2020 Index Chan e Percentage Change Previous CPI Second Half Previous CPI Second Half Index Chan e Percentage Change Previous CPI Second Half Previous CPI Second Half Index Chan e Percentage Change 6 of 39 X y Subtract X from Y = Chan e Divide the Index Change by X and multiply Subtract X from Y = Chan e Divide the Index Change by X and multiply b 100 = Percenta e Chan e Subtract X from Y = Chan e Divide the Index Change by X and multiply by 100 = Percentage Change
June 1, 2021, Item #4Resolution No. 20-034 Page 3 SERVICE FEE PORTION FORMULA Rate Increase for Service Fee Portion FY 2024-25 Previous CPI Second Half (SD-Carlsbad) 2022 X Previous CPI Second Half (SD-Carlsbad) 2023 y Index Change Subtract X from Y = Change Percentage Change Divide the Index Change by X and multiply by 100 = Percentage Change Disposal Fee The Franchise Agreement with EDCO and the Regional Solid Waste Association allows for an annual increase of the disposal tip fee, effective July 1 of each year. The following table uses a formula and the Los Angles-Anaheim-Riverside, CA area (CPI) for all items, base period of 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics for the latest 12-month period for which statistics are available. The adjustment is calculated by comparing the Los Angeles-Anaheim-Riverside CPI for the latest 12-month period for which statistics are available. The adjustment is calculated by subtracting the previous CPI for December of year one (X) and the last CPI for December of year two (Y) which produces an index change. This number is divided by the previous period (X) and multiplied by 100 which is the value used as the multiplier for the disposal tip fee component of the base rate. DISPOSAL TIP FEE PORTION FORMULA Rate Increase for Disposal Tip Fee Portion FY 2021-22 Previous CPI December (LA) 2019 Previous CPI December (LA) 2020 Index Change Percentage Change X y Subtract X from Y = Change Divide the Index Change by X and multiply by 100 = Percentage Change Rate Increase for Disposal Tip Fee Portion FY 2022-23 Previous CPI December (LA) 2020 Previous CPI December (LA) 2021 Index Change Percentage Change X y Subtract X from Y = Change Divide the Index Change by X and multiply by 100 = Percentage Change No Rate Increase for FY 2023-24 Tip Fee Portion -It will be the same as FY 2022-23 Previous CPI December (LA) 2021 Previous CPI December (LA) 2022 Index Change Percentage Change X y Subtract X from Y = Change Divide the Index Change by X and multiply by 100 = Percentage Change Rate Increase for Disposal Tip Fee Portion FY 2024-25 Previous CPI December (LA) 2022 Previous CPI December (LA) 2023 Index Change Percentage Change 7 of 39 X y Subtract X from Y = Change Divide the Index Change by X and multiply by 100 = Percentage Change
June 1, 2021, Item #4Resolution No. 20-034 Page 4 This percent change may be adjusted by applying a calculation that includes, in part, a modifier of the percent increase of the previous year's increase in waste tonnage. Any adjustment to the base multiplier will modify the disposal tip fee component of the formula. This cannot be determined in advance. SECTION 7: The changes in fees shall take effect on July 1, 2020 at which time Resolution 19-026 will be hereby rescinded. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of June, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DI SQUALi Fl ED: ATTEST: 8 of39 MULLIN, LEONARD, GROSCH, FRANK, VAUS NONE NONE NONE Steve Vaus, Mayor
June 1, 2021, Item #4EXHIBIT A Resolution No. 20-034 Page 5 SCHEDULE OF MAXIMUM RATES TO BE CHARGED AND COLLECTED FOR COLLECTION SERVICES OF TRASH AND RECYCLING IN THE CITY OF POWAY EFFECTIVE July 1, 2020 through June 30, 2021 Residential Services Current Proposed EDCO Rate EDCO Rate 7/1/19 7/1/20 Single Family weekly 35-gal. waste cart, includes $15.42 $15.73 recycling and yard waste (Billed to Occupant) Single Family weekly 95-gal. waste cart, includes $22.33 $22.78 recycling and yard waste (Billed to Occupant) Single Family weekly 35-gal. waste cart, includes $14.86 $15.16 recycling and yard waste (Billed to HOA) Single Family weekly 95-gal. waste cart, includes $21.73 $22.17 recycling and yard waste (Billed to HOA) Multi-family weekly 95-gal. waste cart, includes recycling $15.87 $16.19 and yard waste (Billed to Occupant) Multi-family weekly 95-gal. waste cart, includes recycling $15.22 $15.52 and yard waste (Billed to HOA) Commingled Organic Recycling Fee N/A $3.68 Special on-call pickup of items separate from and $15.97 $15.97 dissimilar to items listed in section 5.3 of Agreement ( cost per item) Surcharge of special on-call pickup of refrigerator or $47.96 $47.96 other appliance that requires special handling due to Freon or similar contaminants Fee for additional organic/green waste cart NIA $3.11 Fee for additional waste cart $3.66 $3.66 Fee for additional recycling cart No Charge No Charge 9 of39
June 1, 2021, Item #4Multi-family Services (Excludes Yard Waste) 1-Cu. Yd. Bin Service - 1 X Week 1-Cu. Yd. Bin Service -2 X Week 1-Cu. Yd. Bin Service - 3 X Week 1-Cu. Yd. Bin Service -4 X Week 1-Cu. Yd. Bin Service - 5 X Week 1-Cu. Yd. Bin Service - 6 X Week 2-Cu. Yd. Bin Service - 1 X Week 2-Cu. Yd. Bin Service -2 X Week 2-Cu. Yd. Bin Service -3 X Week 2-Cu. Yd. Bin Service - 4 X Week 2-Cu. Yd. Bin Service -5 X Week 2-Cu. Yd. Bin Service -6 X Week 3-Cu. Yd. Bin Service -1 X Week 3-Cu. Yd. Bin Service -2 X Week 3-Cu. Yd. Bin Service - 3 X Week 3-Cu. Yd. Bin Service - 4 X Week 3-Cu. Yd. Bin Service - 5 X Week 3-Cu. Yd. Bin Service - 6 X Week 4-Cu. Yd. Bin Service -1 X Week 4-Cu. Yd. Bin Service - 2 X Week 4-Cu. Yd. Bin Service - 3 X Week 4-Cu. Yd. Bin Service - 4 X Week 4-Cu. Yd. Bin Service -5 X Week 4-Cu. Yd. Bin Service - 6 X Week 5-Cu. Yd. Bin Service -1 X Week 5-Cu. Yd. Bin Service -2 X Week 5-Cu. Yd. Bin Service - 3 X Week 5-Cu. Yd. Bin Service -4 X Week 5-Cu. Yd. Bin Service -5 X Week 5-Cu. Yd. Bin Service -6 X Week 6-Cu. Yd. Bin Service -1 X Week 6-Cu. Yd. Bin Service -2 X Week 6-Cu. Yd. Bin Service -3 X Week 6-Cu. Yd. Bin Service -4 X Week 6-Cu. Yd. Bin Service - 5 X Week 6-Cu. Yd. Bin Service -6 X Week 10 of 39 Resolution No. 20-034 Page 6 Current Proposed EDCO Rate EDCO Rate 7/1/19 7/1/20 $70.76 $72.17 $117.91 $120.29 $165.10 $168.42 $206.37 $210.54 $247.66 $252.68 $288.94 $294.81 $85.82 $87.60 $143.13 $146.13 $200.44 $204.67 $251.42 $256.74 $302.36 $308.81 $353.27 $360.79 $123.61 $126.18 $206.42 $210.79 $289.23 $295.38 $363.00 $370.76 $436.78 $446.16 $510.56 $521.54 $129.68 $132.44 $216.28 $220.97 $302.82 $309.44 $368.27 $376.40 $458.99 $469.14 $536.88 $548.80 $144.72 $147.84 $239.67 $244.96 $334.60 $342.08 $424.93 $434.50 $515.37 $526.96 $605.78 $619.43 $155.32 $158.72 $256.27 $262.01 $357.29 $365.38 $453.69 $464.04 $550.10 $562.71 $646.56 $661.42
June 1, 2021, Item #4Multi-family Services (Includes Yard Waste) 1-Cu. Yd. Bin Service -1 X Week 1-Cu. Yd. Bin Service -2 X Week 1-Cu. Yd. Bin Service - 3 X Week 1-Cu. Yd. Bin Service -4 X Week 1-Cu. Yd. Bin Service -5 X Week 1-Cu. Yd. Bin Service -6 X Week 2-Cu. Yd. Bin Service -1 X Week 2-Cu. Yd. Bin Service -2 X Week 2-Cu. Yd. Bin Service -3 X Week 2-Cu. Yd. Bin Service -4 X Week 2-Cu. Yd. Bin Service -5 X Week 2-Cu. Yd. Bin Service -6 X Week 3-Cu. Yd. Bin Service -1 X Week 3-Cu. Yd. Bin Service -2 X Week 3-Cu. Yd. Bin Service -3 X Week 3-Cu. Yd. Bin Service -4 X Week 3-Cu. Yd. Bin Service -5 X Week 3-Cu. Yd. Bin Service -6 X Week 4-Cu. Yd .. Bin Service -1 X Week 4-Cu. Yd. Bin Service -2 X Week 4-Cu. Yd. Bin Service -3 X Week 4-Cu. Yd. Bin Service -4 X Week 4-Cu. Yd. Bin Service -5 X Week 4-Cu. Yd. Bin Service -6 X Week 5-Cu. Yd. Bin Service - 1 X Week 5-Cu. Yd. Bin Service -2 X Week 5-Cu. Yd. Bin Service -3 X Week 5-Cu. Yd. Bin Service -4 X Week 5-Cu. Yd .. Bin Service -5 X Week 5-Cu. Yd. Bin Service -6 X Week 6-Cu. Yd. Bin Service -1 X Week 6-Cu. Yd. Bin Service - 2 X Week 6-Cu. Yd. Bin Service - 3 X Week 6-Cu. Yd. Bin Service -4 X Week 6-Cu. Yd. Bin Service -5 X Week 6-Cu. Yd. Bin Service -6 X Week 11 of 39 Resolution No. 20-034 Page 7 Current Proposed EDCO Rate EDCO Rate 7/1119 7/1/20 $78.14 $79.70 $130.24 $132.86 $182.34 $186.00 $227.87 $232.46 $273.43 $278.96 $319.02 $325.47 $94.90 $96.86 $158.22 $161.51 $221.53 $226.17 $277.86 $283.69 $334.19 $341.26 $390.59 $398.83 $136.72 $139.54 $228.31 $233.10 $319.94 $326.69 $401.53 $410.03 $483.11 $493.38 $564.76 $576.79 $143.43 $146.46 $239.31 $244.44 $335.08 $342.32 $421.43 $430.60 $507.91 $519.01 $594.10 $607.12 $160.17 $163.59 $265.26 $271.03 $370.36 $378.53 $470 .. 59 $481.03 $570.47 $583.12 $670.58 $685.49 $171.78 $175.50 $283.49 $289.76 $395.20 $404.02 $501.81 $513.10 $608.48 $622.21 $715.12 $731.32
June 1, 2021, Item #4Commercial Services 1-Cu. Yd. Bin Service - 1 X Week 1-Cu. Yd. Bin Service - 2 X Week 1-Cu. Yd. Bin Service -3 X Week 1-Cu. Yd. Bin Service -4 X Week 1-Cu. Yd. Bin Service - 5 X Week 1-Cu. Yd. Bin Service -6 X Week 2-Cu. Yd. Bin Service -1 X Week 2-Cu. Yd. Bin Service -2 X Week 2-Cu. Yd. Bin Service -3 X Week 2-Cu. Yd. Bin Service -4 X Week 2-Cu. Yd. Bin Service -5 X Week 2-Cu. Yd. Bin Service -6 X Week 3-Cu. Yd. Bin Service -1 X Week 3-Cu. Yd. Bin Service -2 X Week 3-Cu. Yd. Bin Service -3 X Week 3-Cu. Yd. Bin Service -4 X Week 3-Cu. Yd. Bin Service -5 X Week 3-Cu. Yd. Bin Service -6 X Week 4-Cu. Yd. Bin Service -1 X Week 4-Cu. Yd. Bin Service -2 X Week 4-Cu. Yd. Bin Service - 3 X Week 4-Cu. Yd. Bin Service - 4 X Week 4-Cu. Yd. Bin Service -5 X Week 4-Cu. Yd. Bin Service - 6 X Week 5-Cu. Yd. Bin Service - 1 X Week 5-Cu. Yd. Bin Service -2 X Week 5-Cu. Yd. Bin Service -3 X Week 5-Cu. Yd. Bin Service -4 X Week 5-Cu. Yd. Bin Service - 5 X Week 5-Cu. Yd. Bin Service - 6 X Week 6-Cu. Yd. Bin Service -1 X Week 6-Cu. Yd. Bin Service -2 X Week 6-Cu. Yd. Bin Service - 3 X Week 6-Cu. Yd. Bin Service - 4 X Week 6-Cu. Yd. Bin Service -5 X Week 6-Cu. Yd. Bin Service -6 X Week 12 of 39 Resolution No. 20-034 Page 8 Current Proposed EDCO Rate EDCO Rate 7/1/19 7/1/20 $66.89 $68.26 $120.10 $122.57 $176.14 $179.76 $232.18 $236.94 $288.22 $294.14 $344.26 $351.33 $78.76 $80.42 $151.74 $154.96 $224.76 $229.52 $297.80 $304.11 $370.69 $378.58 $443.70 $453.11 $114.02 $116.43 $190.97 $195.08 $267.96 $273.77 $336.73 $344.08 $405.50 $414.39 $474.29 $484.71 $120.48 $123.09 $203.81 $208.31 $287.13 $293.52 $370.51 $378.79 $454.06 $464.23 $537.20 $549.27 $134.59 $137.54 $266.21 $272.06 $397.24 $406.01 $528.29 $539.94 $659.40 $673.89 $790.43 $807.80 $145.76 $149.00 $291.46 $297.92 $437.27 $446.98 $583.00 $595.94 $689.06 $704.47 $865.00 $884.23
June 1, 2021, Item #4Commercial Recycling Services Weekly 2-Cu. Yd. Bin Service Weekly 3-Cu. Yd. Bin Service Weekly 4-Cu. Yd. Bin Service Weekly 5-Cu. Yd. Bin Service Weekly 6-Cu. Yd. Bin Service 95-Gallon Recycling Cart Industrial Debris Box Services Total Scheduled Debris Box Serviced Monthly Unscheduled Debris Box Pulls (40-Cubic Yards) RSWA Trash Rate per ton, including Franchise Fee COi Rate Per Ton 3-Cubic Yard Bin -3-Day Rental 3-Cubic Yard Bin -1-Month Rental (Once-a-Week Emptying [Preliminary Construction & Remote]) Additional Dump of 3-Cubic Yard Bin Daily Roll-Off Rental Locking Lid Set Up Daily Impound Fee for Storage of Unauthorized Containers Service Charge to Reinstate Collection Services After Termination for Non-Payment Commercial Commingled Organics Cart (65 gal.) -1 x Week Cart (65 ga!.) -2 x Week Cart (65 gal.) -3 x Week --··-·-·· Cart (65 gal.) -Extra Pickup Cart (65 gal.) -Additional Container x 1 Cart (65 gal.) -Additional Container x 2 Cart (65 gal.) -Additional Container x 3 Cart (96 gal.) -1 x Week Cart (96 gal.) -2 x Week Cart (96 gal.) -3 x Week 13 of 39 Resolution No. 20-034 Page 9 Current Proposed EDCO Rate EDCO Rate 7/1/19 7/1/20 $34.23 $34.89 $42.74 $43.57 $51.30 $52.29 $59.83 $60.98 $59.83 $60.98 $17.49 $17.83 Current Proposed EDCO Rate EDCO Rate 7/1/19 7/1/20 $176.77 $180/.19 $190.43 $194.11 $49.32 $50.60 Tip Plus FF Tip Plus FF $63.40 $64.63 $252.86 $257.74 $28.94 $29.50 $5.12 $5.22 $9.99 $10.19 $22.62 $23.06 $14.55 $14.83 Proposed EDCO Rate 7/1/20 $87.02 $174.03 $261.05 $34.81 $82.67 $165.33 $248.00 $98.14 $196.28 $294.43
June 1, 2021, Item #4Cart (96 gal.) -Extra Pickup Cart (96 gal.) -Additional Container x 1 Cart (96 gal.) -Additional Container x 2 Cart (96 gal.) -Additional Container x 3 2 Cubic Yard -1 x Week 2 Cubic Yard -2 x Week 2 Cubic Yard - 3 x Week 2 Cubic Yard -Extra Pickup 2 Cubic Yard -Additional Container x 1 2 Cubic Yard -Additional Container x 2 2 Cubic Yard -Additional Container x 3 14 of 39 Resolution No. 20-034 Page 1 0 $39.26 $93.23 $186.47 $279.70 $159.17 $318.34 $477.50 $63.67 $151.21 $302.42 $453.63
June 1, 2021, Item #4RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING AN ADJUSTMENT TO EDCO WASTE AND RECYCLING SERVICES' RATE SCHEDULE WHEREAS, the Public Resources Code Section 41901 provides local jurisdictions the authority to assess solid waste fees to meet state-mandated costs associated with the passage of AB 939; WHEREAS, the City Council awarded the exclusive Solid Waste Franchise Agreement to Mashburn Waste and Recycling Services (Contractor) on September 21, 1994; and Mashburn became EDCO Waste and Recycling Services, Inc. in 1998; WHEREAS, the City Council revised Article 8 of the Franchise Agreement between the City of Poway and EDCO Waste and Recycling Services by adding AB 939 fees as an additional criterion for the annual adjustment of monthly rates upward or downward; WHEREAS, Article 8 of the Franchise Agreement requires City Council approval prior to any increase in the contractor's service rates; WHEREAS, Article 8 of the Franchise Agreement allows the contractor to request an adjustment to monthly rates due to the contractor's increased costs resulting from changes in landfill disposal fees, and changes in the Consumer Price Index (CPI); WHEREAS, the City Council held a public hearing on June 2, 2020, notice of which was duly provided, and which was conducted, pursuant to the provisions of Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (California Government Code section 53750 et seq.), and adopted Resolution No. 20-034, approving an adjustment to EDCO Waste and Recycling Services' rate schedule and providing the formula for future increases of the Schedule of Maximum Rates to be Charged and Collected for Collection Services of Solid Waste in the City of Poway to be charged through June 30, 2025; and WHEREAS, the current rate schedule has been revised consistent with the method and formula prescribed in Resolution No. 20-034. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Solid Waste in the City of Poway" effective July 1, 2021, is hereby confirmed as shown in Exhibit A. Section 2: The fees adopted herein are for the exclusive right to collect from and charge Poway customers for solid waste, recyclables, yard waste, compostables, and other services at rates fixed by the City Council from time to time. Section 3: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Solid Waste in the City of Poway" shall be implemented on July 1, 2021 to correspond with the next regular billing cycle following the effective date of the rate increase. 15 of 39 ATTACHMENT B
June 1, 2021, Item #4Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of June, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 16 of 39
June 1, 2021, Item #4EXHIBIT A Resolution No. 21-Page 3 SCHEDULE OF MAXIMUM RATES TO BE CHARGED AND COLLECTED FOR COLLECTION SERVICES OF SOLID WASTE IN THE CITY OF POWAY EFFECTIVE July 1, 2021 through June 30, 2022 Residential Services Current Proposed EDCO Rate EDCO Rate 7/1/20 7/1/21 Single Family weekly 35-gal. waste cart, includes recycling and yard waste (Billed to Occupant) $19.41 $19.71 Single Family weekly 95-gal. waste cart, includes recycling and yard waste (Billed to Occupant) $26.46 $26.87 Single Family weekly 35-gal. waste cart, includes recycling and yard waste (Billed to HOA) $18.84 $19.13 Single Family weekly 95-gal. waste cart, includes recycling and yard waste (Billed to HOA) $25.85 $26.24 Multi-family weekly 95-gal. waste cart, includes recycling and yard waste (Billed to Occupant) $19.87 $20.17 Multi-family weekly 95-gal. waste cart, includes recycling and yard waste (Billed to HOA) $19.20 $19.49 Special on-call pickup of items separate from and dissimilar to items listed in section 5.3 of Agreement $15.97 $16.23 (cost per item) Surcharge of special on-call pickup of refrigerator or other appliance that requires special handling due to $47.96 $48.77 Freon or similar contaminants Fee for additional organic/green waste cart $3.11 $3.16 Fee for additional waste cart $3.66 $3.72 Fee for additional recycling cart No Charge 17 of 39
June 1, 2021, Item #4Multi-family Services (Excludes Yard Waste) 1-Cu. Yd. Bin Service -1 X Week 1-Cu. Yd. Bin Service - 2 X Week 1-Cu. Yd. Bin Service - 3 X Week 1-Cu. Yd. Bin Service - 4 X Week 1-Cu. Yd. Bin Service - 5 X Week 1-Cu. Yd. Bin Service - 6 X Week 2-Cu. Yd. Bin Service - 1 X Week 2-Cu. Yd. Bin Service - 2 X Week 2-Cu. Yd. Bin Service - 3 X Week 2-Cu. Yd. Bin Service - 4 X Week 2-Cu. Yd. Bin Service - 5 X Week 2-Cu. Yd. Bin Service - 6 X Week 3-Cu. Yd. Bin Service - 1 X Week 3-Cu. Yd. Bin Service - 2 X Week 3-Cu. Yd. Bin Service - 3 X Week 3-Cu. Yd. Bin Service - 4 X Week 3-Cu. Yd. Bin Service - 5 X Week 3-Cu. Yd. Bin Service - 6 X Week 4-Cu. Yd. Bin Service - 1 X Week 4-Cu. Yd. Bin Service - 2 X Week 4-Cu. Yd. Bin Service - 3 X Week 4-Cu. Yd. Bin Service - 4 X Week 4-Cu. Yd. Bin Service - 5 X Week 4-Cu. Yd. Bin Service - 6 X Week 5-Cu. Yd. Bin Service - 1 X Week 5-Cu. Yd. Bin Service - 2 X Week 5-Cu. Yd. Bin Service - 3 X Week 5-Cu. Yd. Bin Service - 4 X Week 5-Cu. Yd. Bin Service -5 X Week 5-Cu. Yd. Bin Service - 6 X Week 6-Cu. Yd. Bin Service - 1 X Week 6-Cu. Yd. Bin Service - 2 X Week 6-Cu. Yd. Bin Service - 3 X Week 6-Cu. Yd. Bin Service -4 X Week 6-Cu. Yd. Bin Service - 5 X Week 6-Cu. Yd. Bin Service - 6 X Week 18 of 39 Current EDCO Rate 7/1/20 $72.17 $120.29 $168.42 $210.54 $252.68 $294.81 $87.60 $146.13 $204.67 $256.74 $308.81 $360.79 $126.18 $210.79 $295.38 $370.76 $446.16 $521.54 $132.44 $220.97 $309.44 $376.40 $469.14 $548.80 $147.84 $244.96 $342.08 $434.50 $526.96 $619.43 $158.72 $262.01 $365.38 $464.04 $562.71 $661.42 Resolution No. 21-Page 4 Proposed EDCO Rate 7/1/21 $73.36 $122.24 $171.16 $213.96 $256.76 $299.57 $89.02 $148.49 $207.94 $260.84 $313.72 $366.52 $128.23 $214.19 $300.13 $376.70 $453.30 $529.88 $134.59 $224.50 $314.37 $382.34 $476.56 $557.47 $150.22 $248.86 $347.48 $441.33 $535.24 $629.17 $161.27 $266.16 $371.12 $471.31 $571.50 $671.72
June 1, 2021, Item #4Multi-family Services (Includes Yard Waste) 1-Cu. Yd. Bin Service - 1 X Week 1-Cu. Yd. Bin Service - 2 X Week 1-Cu. Yd. Bin Service - 3 X Week 1-Cu. Yd. Bin Service - 4 X Week 1-Cu. Yd. Bin Service - 5 X Week 1-Cu. Yd. Bin Service - 6 X Week 2-Cu. Yd. Bin Service - 1 X Week 2-Cu. Yd. Bin Service - 2 X Week 2-Cu. Yd. Bin Service - 3 X Week 2-Cu. Yd. Bin Service - 4 X Week 2-Cu. Yd. Bin Service - 5 X Week 2-Cu. Yd. Bin Service - 6 X Week 3-Cu. Yd. Bin Service - 1 X Week 3-Cu. Yd. Bin Service - 2 X Week 3-Cu. Yd. Bin Service - 3 X Week 3-Cu. Yd. Bin Service - 4 X Week 3-Cu. Yd. Bin Service - 5 X Week 3-Cu. Yd. Bin Service - 6 X Week 4-Cu. Yd. Bin Service - 1 X Week 4-Cu. Yd. Bin Service - 2 X Week 4-Cu. Yd. Bin Service - 3 X Week 4-Cu. Yd. Bin Service - 4 X Week 4-Cu. Yd. Bin Service - 5 X Week 4-Cu. Yd. Bin Service - 6 X Week 5-Cu. Yd. Bin Service - 1 X Week 5-Cu. Yd. Bin Service - 2 X Week 5-Cu. Yd. Bin Service - 3 X Week 5-Cu. Yd. Bin Service - 4 X Week 5-Cu. Yd. Bin Service - 5 X Week 5-Cu. Yd. Bin Service - 6 X Week 6-Cu. Yd. Bin Service - 1 X Week 6-Cu. Yd. Bin Service - 2 X Week 6-Cu. Yd. Bin Service - 3 X Week 6-Cu. Yd. Bin Service - 4 X Week 6-Cu. Yd. Bin Service - 5 X Week 6-Cu. Yd. Bin Service - 6 X Week 19 of 39 Current EDCO Rate 7/1/20 $79.70 $132.86 $186.00 $232.46 $278.96 $325.47 $96.86 $161.51 $226.17 $283.69 $341.26 $398.83 $139.54 $233.10 $326.69 $410.03 $493.38 $576.79 $146.46 $244.44 $342.32 $430.60 $519.01 $607.12 $163.59 $271.03 $378.53 $481.03 $583.12 $685.49 $175.50 $289.76 $404.02 $513.10 $622.21 $731.32 Resolution No. 21-Page 5 Proposed EDCO Rate 7/1/21 $81.01 $135.02 $189.03 $236.23 $283.48 $330.73 $98.43 $164.12 $229.81 $288.24 $346.72 $405.21 $141.82 $236.89 $331.98 $416.64 $501.32 $586.06 $148.83 $248.38 $347.81 $437.47 $527.28 $616.78 $166.23 $275.38 $384.56 $488.67 $592.36 $696.34 $178.32 $294.97 $410.42 $521.20 $632.01 $742.81
June 1, 2021, Item #4Commercial Services 1-Cu. Yd. Bin Service -1 X Week 1-Cu. Yd. Bin Service - 2 X Week 1-Cu. Yd. Bin Service - 3 X Week 1-Cu. Yd. Bin Service - 4 X Week 1-Cu. Yd. Bin Service - 5 X Week 1-Cu. Yd. Bin Service - 6 X Week 2-Cu. Yd. Bin Service - 1 X Week 2-Cu. Yd. Bin Service - 2 X Week 2-Cu. Yd. Bin Service - 3 X Week 2-Cu. Yd. Bin Service - 4 X Week 2-Cu. Yd. Bin Service - 5 X Week 2-Cu. Yd. Bin Service - 6 X Week 3-Cu. Yd. Bin Service -1 X Week 3-Cu. Yd. Bin Service - 2 X Week 3-Cu. Yd. Bin Service - 3 X Week 3-Cu. Yd. Bin Service - 4 X Week 3-Cu. Yd. Bin Service - 5 X Week 3-Cu. Yd. Bin Service - 6 X Week 4-Cu. Yd. Bin Service - 1 X Week 4-Cu. Yd. Bin Service - 2 X Week 4-Cu. Yd. Bin Service - 3 X Week 4-Cu. Yd. Bin Service - 4 X Week 4-Cu. Yd. Bin Service - 5 X Week 4-Cu. Yd. Bin Service -6 X Week 5-Cu. Yd. Bin Service -1 X Week 5-Cu. Yd. Bin Service - 2 X Week 5-Cu. Yd. Bin Service - 3 X Week 5-Cu. Yd. Bin Service -4 X Week 5-Cu. Yd. Bin Service - 5 X Week 5-Cu. Yd. Bin Service - 6 X Week 6-Cu. Yd. Bin Service - 1 X Week 6-Cu. Yd. Bin Service - 2 X Week 6-Cu. Yd. Bin Service - 3 X Week 6-Cu. Yd. Bin Service - 4 X Week 6-Cu. Yd. Bin Service - 5 X Week 6-Cu. Yd. Bin Service - 6 X Week 20 of 39 Current EDCO Rate 7/1/20 $68.26 $122.57 $179.76 $236.94 $294.14 $351.33 $80.42 $154.96 $229.52 $304.11 $378.58 $453.11 $116.43 $195.08 $273.77 $344.08 $414.39 $484.71 $123.09 $208.31 $293.52 $378.79 $464.23 $549.27 $137.54 $272.06 $406.01 $539.94 $673.89 $807.80 $149.00 $297.92 $446.98 $595.94 $704.47 $884.23 Resolution No. 21-Page 6 Proposed EDCO Rate 7/1/21 $69.40 $124.60 $182.74 $240.88 $299.02 $357.17 $81.74 $157.50 $233.29 $309.09 $384.78 $460.53 $118.34 $198.26 $278.21 $349.66 $421.09 $492.54 $125.09 $211.67 $298.24 $384.86 $471.67 $558.06 $139.77 $276.46 $412.56 $548.66 $684.77 $820.84 $151.40 $302.71 $454.17 $605.53 $715.77 $898.43
June 1, 2021, Item #4Commercial Recycling Services Weekly 2-Cu. Yd. Bin Service Weekly 3-Cu. Yd. Bin Service Weekly 4-Cu. Yd. Bin Service Weekly 5-Cu. Yd. Bin Service Weekly 6-Cu. Yd. Bin Service 95-Gallon Recycling Cart Industrial Debris Box Services Total Scheduled Debris Box Serviced Monthly Unscheduled Debris Box Pulls (40-Cubic Yards) RSWA Trash Rate per ton, including Franchise Fee COi Rate Per Ton 3-Cubic Yard Bin -3-Day Rental 3-Cubic Yard Bin -1-Month Rental (Once-a-Week Emptying [Preliminary Construction & Remote]) Additional Dump of 3-Cubic Yard Bin Daily Roll-Off Rental Locking Lid Set Up Daily Impound Fee for Storage of Unauthorized Containers Service Charge to Reinstate Collection Services After Termination for Non-Payment Commercial Commingled Organics Cart (65 gal.) - 1 x Week Cart (65 gal.) - 2 x Week Cart (65 gal.) - 3 x Week Cart (65 gal.) -Extra Pickup Cart (65 gal.) -Additional Container x 1 Cart (65 gal.) -Additional Container x 2 Cart (65 gal.) -Additional Container x 3 Cart (96 gal.) - 1 x Week Cart (96 gal.) - 2 x Week 21 of 39 Current EDCO Rate 7/1/20 $34.89 $43.57 $52.29 $60.98 $60.98 $17.83 Current EDCO Rate 7/1/20 $180.19 $194.11 $50.60 Tip Plus FF $64.63 $257.74 $29.50 $5.22 $10.19 $23.06 $14.83 Current EDCO Rate 7/1/20 $87.02 $174.03 $261.05 $34.81 $82.67 $165.33 $248.00 $98.14 $196.28 Resolution No. 21-Page 7 Proposed EDCO Rate 7/1/21 $35.48 $44.31 $53.18 $62.02 $62.02 $18.13 Proposed EDCO Rate 7/1/21 $183.25 $197.41 $51.36 $65.73 $262.12 $30.00 $5.31 $10.36 $23.45 $15.08 Proposed EDCO Rate 7/1/21 $88.49 $176.99 $265.48 $35.40 $84.07 $168.14 $252.21 $99.81 $199.62
June 1, 2021, Item #4Cart (96 gal.) - 3 x Week Cart (96 gal.) -Extra Pickup Cart (96 gal.) -Additional Container x 1 Cart (96 gal.) -Additional Container x 2 Cart (96 gal.) -Additional Container x 3 2 Cubic Yard - 1 x Week 2 Cubic Yard - 2 x Week 2 Cubic Yard - 3 x Week 2 Cubic Yard -Extra Pickup 2 Cubic Yard -Additional Container x 1 2 Cubic Yard -Additional Container x 2 2 Cubic Yard -Additional Container x 3 22 of 39 $294.43 $39.26 $93.23 $186.47 $279.70 $159.17 $318.34 $477.50 $63.67 $151.21 $302.42 $453.63 Resolution No. 21-Page 8 $299.42 $39.92 $94.82 $189.64 $284.45 $161.87 $323.74 $485.61 $64.75 $153.78 $307.55 $461.33
June 1, 2021, Item #4WASTE & RECYCLING SERVICES March 25, 2021 Mr. Izzy Murguia Ms. Amelia Dominquez City of Poway Department of Public Works 13325 Civic Center Drive Poway, CA 92064 RE: Waste Collection Service Fee Adjustment Dear Izzy and Amelia: Article 8 of the Poway Solid Waste Franchise Agreement allows annual rate adjustments based on increases in the San Diego area Consumer Price Index (CPI) and increases in solid waste tip fees under the Regional Solid Waste Association agreement, to which Poway is a party. Under the provisions of the franchise, EDCO Waste & Recycling Services is requesting a rate adjustment effective July 1, 2021. CPI Adjustment To calculate the CPI po1tion of the adjustment, the second half of the 2019 index (300.718) was compared to the second half of 2020 index (305.823) which produced a 5 .10 point change or 1. 70% increase. The CPI indexes are attached for your reference. The 1.70% increase is applied to current rates after franchise fees, AB939 and disposal fees are deducted from the cmTent gross rate. Regional Solid Waste Association (RSWA) Disposal Fee Adjustment The new tip fee portion of the rate adjustment is calculated by comparing the tip fee used in the calculation of the 2020 rate of$45.54 and the tip fee effective on July 1, 2021 of $46.22 which produces a 1.49% increase applied to the tip fee component of the current rate. The new rates are attached for your review. Anaerobic Digestion Facility Earlier this year, EDCO completed construction of the Anaerobic Digestion (AD) facility, which will enable the City to comply with the future application of SB 1383 by dive1iing residential organics from being landfilled. This exciting new facility will also assist in achieving the Climate Action Plan through the conversion of source separated commingled organics into Renewable Natural Gas that will be directly injected into the pipeline. "We-'ll Take Care of It-'-' 224 S Las Posas Road • San Marcos, California 92078 (7f0) 7 44---2700 • Fax (760) 752-8339 • edcodisposalcom • Printed on Recycled ~per 23 of 39 ATTACHMENT C \
June 1, 2021, Item #4WASTE & RECYCLING SERV'ICES With the AD facility becoming operational by March 1, 2021, EDCO rolled out the Poway residential organics recycling program and adjusted rates according to approval provided by city council on June 2, 2020. At that time, residential rates for single family residents increased $3.68/month. Effective July 1, 2021, this additional organics rate will be incorporated into the residential base rate and adjusted each year by the approved CPI and RSWA tipping fee adjustment. Throughout the remainder of 2021, EDCO plans to roll out organics recycling to all multi-family and commercial businesses. The rate increase approved for adding organics recycling services to these customers was also approved on June 2, 2020, and will be adjusted on July 1, 2021 by the same CPI and RSWA tipping fee increase. As was accomplished with the residential organics program roll out, EDCO will provide an extensive and robust direct educational outreach for commercial and multi-family customers. In addition, the food scrap container for kitchens will continue to be offered to all residents for the interior collection of food waste to assist in facilitating the material to the current green waste carts. Our collective goal is to educate and create awareness to increase diversion and work cohesively to assist the City in meeting SB 13 83 regulations. Please contact me with any questions. (\~<22--~broso General Manager Attachments "We-'ll Take Care of It-'-' 224 S Las Posas Road • San Marcos, California 92078 (760) 744-2700 • Fax: (760) 752-8339 • edcodisposal.com • Printed on Recycled Paper 24 of 39
June 1, 2021, Item #4N u,
0 -ti w \0
Powa_y_ Residential Service Rates Effective 7/1/2021
Service Rate DescriQtion
Single Family 95 Gallon Cart
Single Family 35 Gallon Cart
Multi-Family, billed to Occupant, 95 Gal Cart
Multi-Family, billed to HOA, 95 Gallon Cart
Single Family, billed to HOA, 95 Gallon Cart
Single Family, billed to HOA, 35 Gallon Cart
Other Services
Special On-Call Bulky Item Pick-up
Special Handing -Freon/ Other Contaminents
Additional Trash Cart
Additional Organics Cart -up to 3 Carts
Additional Organics Cart -Over 3 Carts
Additional Recycling Cart
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
% Change -CPI
300.718
305.823
5.105
1.698%
Current Rate (Including Organics)
Total Net Franchise
Rate AB939 Rate Fee Tip Fee
10% of net
$ 26.46 $ 1.20 $25.26 $2.53 $4.25
$ 19.41 $ 1.20 $18.21 $1.82 $4.25
$ 19.87 $ 1.20 $18.67 $1.87 $4.25
$ 19.20 $ 1.20 $18.00 $1.80 $4.25
$ 25.85 $ 1.20 $24.65 $2.47 $4.25
$ 18.84 $ 1.20 $17.64 $1.76 $4.25
$ 15.97 $ -$15.97 $1.60
$ 47.96 $ -$47.96 $4.80
$ 3.66 $ -$3.66 $0.37
$ -$ -$0.00 $0.00
$ 3.11 $ -$3.11 $0.31
$ -$ -$0.00 $0.00
Service
Fee
$ 18.48
$ 12.14
$ 12.55
$ 11.95
$ 17.93
$ 11.63
$ 14.37
$43.16
$ 3.29
$ -
$ 2.80
$ -
RSWA Tip Fee 2020
RSWA Tip Fee 2021
Change
% Change -Tip Fee
Rate Change -
Service Franchise
Tip Fee Fee Fee
1.493% 1.698%
$0.06 $0.31 $0.04
$0.06 $0.21 $0.03
$0.06 $0.21 $0.03
$0.06 $0.20 $0.03
$0.06 $0.30 $0.03
$0.06 $0.20 $0.03
$0.00 $0.24 $0.02
$0.00 $0.73 $0.08
$0.00 $0.06 $0.00
$0.00 $0.00 $0.00
$0.00 $0.05 $0.00
$0.00 $0.00 $0.00
1 of 13
$ 45.54
$ 46.22
$ 0.68
1.493%
Total
Change
$0.41
$0.30
$0.30
$0.29
$0.39
$0.29
$0.26
$0.81
$0.06
$0.00
$0.05
$0.00
% Net
Change
1.62%
1.65%
1.61%
1.61%
1.58%
1.64%
1.63%
1.69%
1.64%
1.61%
New Rate
Total Net Franchise Service
Rate AB939 Rate Fee Tip Fee Fee
10% of net
$ 26.87 $1.20 $25.67 $2.57 $4.31 $18.79
$19.71 $1.20 $18.51 $1 .85 $4.31 $12.35
$ 20.17 $ 1.20 $18.97 $1.90 $4.31 $12.76
$19.49 $1.20 $18.29 $1.83 $4.31 $12.15
$ 26.24 $1.20 $25.04 $2.50 $4.31 $18.23
$ 19.13 $1.20 $17.93 $1.79 $4.31 $11.83
$16.23 $16.23 $1 .62 $0.00 $14.61
$ 48.77 $48.77 $4.88 $0.00 $ 43.89
$ 3.72 $3.72 $0.37 $0.00 $ 3.35
$ -$0.00 $0.00 $0.00 $ -
$ 3.16 $3.16 $0.31 $0.00 $ 2.85
$ -$0.00 $0.00 $0.00 $ -
June 1, 2021, Item #4N 0\
0 '""' w \D
Poway Commercial Service Rates Effective 7/1/2021
Commercial Bin Service
1 Cubic Yard,
Service
Frequency
1 x week
2xweek
3 xweek
4xweek
5 xweek
6 xweek
2 Cubic Yard
Service
Frequency
1 x week
2xweek
3 xweek
4 xweek
5 xweek
6 xweek
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
% Change -CPI
Current Rate
Total t-ranchise
Rate Fee Tip Fee Service
$ 68.26 6.83 9.81 51 .62
$ 122.57 12.26 19.63 90.68
$ 179.76 17.98 29.45 132.33
$ 236.94 23.69 39.23 174.02
$ 294.14 29.41 49.05 215.68
$ 351.33 35.13 58.86 257.34
Current Rate
Total Franchise
Rate Fee Tip Fee Service
$ 80.42 8.04 19.63 52.75
$ 154.96 15.50 39.23 100.23
$ 229.52 22.95 58.86 147.71
$ 304.11 30.41 78.51 195.19
$ 378.58 37.86 101.68 239.04
$ 453.11 45.31 117.73 290.07
EDCO Waste Recycling Services, Inc
;··.,.~,•-·•·i:-:Jll::I~. T"' ... ,s·•cm.l'!f'"st .•.. -•-·• •-:ll #T.~r-::-,· ... ~..;.,:1, • .c:i •. :01~_;;:1 ~n r;J;:,i_,,r,; rr,;,;: ,-,_--,--·z:, .. n• ·-r-,:_ :::-;,:rr ~ ~ V l!l.'"'i•\.,"l( r .• .. ,·-. _•,.:· •. :, .-... : • r · ... · -~-.• ---~--·•Jll•· r .li'Jl~~L.JJ.,lr·••r:.,_,1•t. '1 J1 •• •·.1itt· .. ,, .·.·111 h.11-~.:-..,,·, ■
300.718
305.823
5.105
1.698%
RSWA Tip Fee 2020
RSWA Tip Fee 2021
Change
% Change -Tip Fee
Rate Change
Service Tip ree Franchise
1.698% 1.493% Fee
0.88 0.15 $ 0.11
1.54 0.29 $ 0.20
2.25 0.44 $ 0.29
2.95 0.59 $ 0.40
3.66 0.73 $ 0.49
4.37 0.88 $ 0.59
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
0.90 0.29 $ 0.13
1.70 0.59 $ 0.25
2.51 0.88 $ 0.38
3.31 1.17 $ 0.50
4.06 1.52 $ 0.62
4.92 1.76 $ 0.74
$ 45.54
$ 46.22
$ 0.68
1.493%
Total
Change
$ 1.14
$ 2.03
$ 2.98
$ 3.94
$ 4.88
$ 5.84
Total
Change
$ 1.32
$ 2.54
$ 3.77
$ 4.98
$ 6.20
$ 7.42
2 of 13
New Rate
Total Franchise %
New Rate Fee Tip Fee Service Change
$ 69.40 $6.94 $ 9.96 $ 52.50 1.67%
$ 124.60 $12.46 $ 19.92 $ 92.22 1.66%
$ 182.74 $18.27 $ 29.89 $ 134.58 1.66%
$ 240.88 $24.09 $ 39.82 $ 176.97 1.66%
$ 299.02 $29.90 $ 49.78 $ 219.34 1.66%
$ 357.17 $35.72 $ 59.74 $ 261.71 1.66%
New Rate
Total Franchise %
New Rate Fee Tip Fee Service Change
$ 81.74 $8.17 $ 19.92 $ 53.65 1.64%
$ 157.50 $15.75 $ 39.82 $ 101.93 1.64%
$ 233.29 $23.33 $ 59.74 $ 150.22 1.64%
$ 309.09 $30.91 $ 79.68 $ 198.50 1.64%
$ 384.78 $38.48 $ 103.20 $ 243.10 1.64%
$ 460.53 $46.05 $ 119.49 $ 294.99 1.64%
~ $
3/18/2021
June 1, 2021, Item #4n.,·, .. c•••··.x•••~•-·•··•·-., .. " .. '"'•'·••· .,.,,,~·•«-,,. =·• ~~====• ~=~==~~~~=~~=~=-=····""""""''"~"'"',,,.....,, .. ' .,., .....
N " 0 -ti w \D
Commercial Bin Service
3 Cubic Yard
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
% Change -CPI
Current Rate
Service Total Franchise
Frequency Rate Fee Tip Fee Service
1 x week $ 116.43 11.64 29.45 75.34
2 xweek $ 195.08 19.51 58.86 116.71
3 x week $ 273.77 27.38 88.31 158.08
4 xweek $ 344.08 34.41 117.73 191.94
5 xweek $ 414.39 41.44 147.20 225.75
6 xweek $ 484.71 48.47 176.62 259.62
4 Cubic Yard
New Rate
Service Total Franchise
Frequency New Rate Fee Tip Fee Service
1 x week $ 123.09 12.31 39.23 71.55
2 xweek $ 208.31 20.83 78.51 108.97
3 xweek $ 293.52 29.35 117.73 146.44
4 xweek $ 378.79 37.88 156.99 183.92
5 xweek $ 464.23 46.42 196.25 221.56
6 xweek $ 549.27 54.93 235.51 258.83
EDCO Waste Recycling Services, Inc
300.718
305.823
5.105
1.698%
RSWA Tip Fee 2020
RSWA Tip Fee 2021
Change
% Change -Tip Fee
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
1.28 0.44 $ 0.19
1.98 0.88 $ 0.32
2.68 1.32 $ 0.44
3.26 1.76 $ 0.56
3.83 2.20 $ 0.67
4.41 2.64 $ 0.78
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
1.21 0.59 $ 0.20
1.85 1.17 $ 0.34
2.49 1.76 $ 0.47
3.12 2.34 $ 0.61
3.76 2.93 $ 0.75
4.39 3.52 $ 0.88
$ 45.54
$ 46.22
$ 0.68
1.49%
Total
Change
$ 1.91
$ 3.18
$ 4.44
$ 5.58
$ 6.70
$ 7.83
Total
Change
$ 2.00
$ 3.36
$ 4.72
$ 6.07
$ 7.44
$ 8.79
3 of 13
New Rate
Total Franchise
New Rate Fee Tip Fee
$ 118.34 $11.83 $ 29.89
$ 198.26 $19.83 $ 59.74
$ 278.21 $27.82 $ 89.63
$ 349.66 $34.97 $ 119.49
$ 421.09 $42.11 $ 149.40
$ 492.54 $49.25 $ 179.26
$
New Rate
Total Franchise
New Rate Fee Tip Fee
$ 125.09 $12.51 $ 39.82
$ 211.67 $21.17 $ 79.68
$ 298.24 $29.82 $ 119.49
$ 384.86 $38.49 $ 159.33
$ 471.67 $47.17 $ 199.18
$ 558.06 $55.81 $ 239.03
$
%
Service Change
$ 76.62 1.64%
$ 118.69 1.63%
$ 160.76 1.62%
$ 195.20 1.62%
$ 229.58 1.62%
$ 264.03 1.62%
%
Service Change
$ 72.76 1.62%
$ 110.82 1.61%
$ 148.93 1.61%
$ 187.04 1.60%
$ 225.32 1.60%
$ 263.22 1.60%
3/18/2021
June 1, 2021, Item #4N 00
0 .... w \0
Commercial Bin Service
5 Cubic Yard
Service
Frequency
1 x week
2 xweek
3 xweek
4 xweek
5 x week
6xweek
6 Cubic Yard
Service
Frequency
1 x week
2xweek
3 xweek
4 xweek
5 xweek
6 xweek
Check
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
% Change • CPI
Current Rate
Total Franchise
Rate Fee Tip Fee Service
$ 137.54 13.75 48.55 75.24
$ 272.06 27.21 98.12 146.73
$ 406.01 40.60 152.48 212.93
$ 539.94 53.99 203.29 282.66
$ 673.89 67.39 245.28 361.22
$ 807.80 80.78 294.36 432.66
Current Rate
Total Franchise
Rate Fee Tip Fee Service
$ 149.00 14.90 58.86 75.24
$ 297.92 29.79 117.73 150.40
$ 446.98 44.70 176.62 225.66
$ 595.94 59.59 235.51 300.84
$ 704.47 70.45 294.36 339.66
$ 884.23 88.42 353.25 442.56
25,230.30
EDCO Waste Recycling Services, Inc
300.718
305.823
5.105
1.698%
RSWA Tip Fee 2020
RSWA Tip Fee 2021
Change
% Change -Tip Fee
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
1.28 0.72 $ 0.23
2.49 1.47 $ 0.44
3.61 2.28 $ 0.66
4.80 3.04 $ 0.88
6.13 3.66 $ 1.09
7.34 4.40 $ 1.30
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
1.28 0.B8 $ 0.24
2.55 1.76 $ 0.48
3.83 2.64 $ 0.72
5.11 3.52 $ 0.96
5.77 4.40 $ 1.13
7.51 5.27 $ 1.42
45.54
46.22
0.680
1.493%
Total
Change
$ 2.23
$ 4.40
$ 6.55
$ 8.72
$ 10.88
$ 13.04
Total
Change
$ 2.40
$ 4.79
$ 7.19
$ 9.59
$ 11.30
$ 14.20
4 of 13
New Rate
Total Franchise
New Rate Fee
$ 139.77 $13.98
$ 276.46 $27.65
$ 412.56 $41.26
$ 548.66 $54.87
$ 684.77 $6B.4B
$ 820.84 $82.0B -$
New Rate
Total Franchise
New Rate Fee
$ 151.40 $15.14
$ 302.71 $30.27
$ 454.17 $45.42
$ 605.53 $60.55
$ 715.77 $71.58
$ 898.43 $89.84 -$
%
Tip Fee Service Change
$ 49.27 $ 76.52 1.62%
$ 99.59 $ 149.22 1.62%
$ 154.76 $ 216.54 1.61%
$ 206.33 $ 287.46 1.61%
$ 24B.94 $ 367.35 1.61%
$ 298.76 $ 440.00 1.61%
%
Tip Fee Service Change
$ 59.74 $ 76.52 1.61%
$ 119.49 $ 152.95 1.61%
$ 179.26 $ 229.49 1.61%
$ 239.03 $ 305.95 1.61%
$ 298.76 $ 345.43 1.60%
$ 358.52 $ 450.07 1.61%
3/18/2021
June 1, 2021, Item #4N \0
0 .....
w \0
, -;··.,·-,,·1~·;.·1•··· ~·r..:·.,.....M,~•t:,:t.,.:.,-:-•·,;,,;.-;., ... ··-1t, ··-n:=~n,;,-r.-~r.--;·;::~~-~ :,i:-.<:~1c:::;:,i:,.~a:at1;-:,:::,::,:.r,r:·r.,n,m:-r:,r;,:::r.c-(· ~-, ·,:-,. = '"•-'---_, -.,. . . :~i:~lG",-:r.t1:rJ:T:•1_ ~l!Eif.'.1::1n 1.:,t·t• ·•
Poway Commercial Service Rates Effective 7/1/2021
Multi-Family Bin Service (Excludes Yard Waste)
1_ Cubic Yard
Current Rate
Service
Frequency; ,
1 x week
2 xweek
3 xweek
4xweek
5 xweek
6 xweek
Total
Rate
$ 72.17
$ 120.29
$ 168.42
$ 210.54
$ 252.68
$ 294.81
0.00
2 Cubic Yard
AB9939
Fee
1.20
2.40
3.60
4.80
6.00
7.20
Current Rate
Service
Frequency ,
1 x week
2 xweek
3 x week
4 x week
5 xweek
6 xweek
Total
Rate
$ 87.60
$ 146.13
$ 204.67
$ 256.74
$ 308.81
$ 360.79
0.00
AB9939
Fee
1.20
2.40
3.60
4.80
6.00
7.20
Net
Rate
70.97
117.89
164.82
205.74
246.68
287.61
Net
Rate
86.40
143.73
201.07
251.94
302.81
353.59
EDCO Waste Recycling Services, Inc
Franchise
Fee Tip Fee
7.10 9.81
11.79 19.63
16.48 29.45
20.57 39.23
24.67 49.05
28.76 58.86
Franchise
Fee Tip Fee
8.64 19.63
14.37 39.23
20.11 58.86
25.19 78.51
30.28 101.68
35.36 117.73
Service
54.06
86.47
118.89
145.94
172.96
199.99
Service
58.13
90.13
122.10
148.24
170.85
200.50
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
% Change -CPI
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
0.92 0.15 $ 0.12
1.47 0.29 $ 0.19
2.02 0.44 $ 0.28
2.48 0.59 $ 0.35
2.94 0.73 $ 0.41
3.40 0.88 $ 0.48
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
0.99 0.29 $ 0.14
1.53 0.59 $ 0.24
2.07 0.88 $ 0.32
2.52 1.17 $ 0.41
2.90 1.52 $ 0.49
3.40 1.76 $ 0.57
5 of 13
300.718
305.823
5.105
1.698%
Total
Change
$ 1.19
$ 1.95
$ 2.74
$ 3.42
$ 4.08
$ 4.76
Total
Change
$ 1.42
$ 2.36
$ 3.27
$ 4.10
$ 4.91
$ 5.73
New Rate
Total AB9939
New Rate Fee
$ 73.36 1.20
$ 122.24 2.40
$ 171.16 3.60
$ 213.96 4.80
$ 256.76 6.00
$ 299.57 7.20
... 0.00
New Rate
Total AB9939
New Rate Fee
$ 89.02 1.20
$ 148.49 2.40
$ 207.94 3.60
$ 260.84 4.80
$ 313.72 6.00
$ 366.52 7.20 ---0.00
RSWA Tip Fee 2020 $ 45.54
RSWA Tip Fee 2021 $ 46.22
Change $ 0.68
% Change -Tip Fee 1.493%
Net Franchise %
Rate Fee Tip Fee Service Change
72.16 $7.22 $ 9.96 $ 54.98 1.65%
119.84 $11.98 $ 19.92 $ 87.94 1.62%
167.56 $16.76 $ 29.89 $ 120.91 1.63%
209.16 $20.92 $ 39.82 $ 148.42 1.62%
250.76 $25.08 $ 49.78 $ 175.90 1.61%
292.37 $29.24 $ 59.74 $ 203.39 1.61%
Net Franchise %
Rate Fee Tip Fee Service Change
87.82 $8.78 $ 19.92 $ 59.12 1.62%
146.09 $14.61 $ 39.82 $ 91.66 1.62%
204.34 $20.43 $ 59.74 $ 124.17 1.60%
256.04 $25.60 $ 79.68 $ 150.76 1.60%
307.72 $30.77 $ 103.20 $ 173.75 1.59%
359.32 $35.93 $ 119.49 $ 203.90 1.59%
3/18/2021
June 1, 2021, Item #4w 0
0 -ti w \0
' " -, ,,_..~,,.,,. , "',.,. •~ · •· •·~ .,,..,., .• ~,-_.,. ..• _.,. ,., ,.-,r,,.,.,_..,.._.,.,., ..,.,u,,-,.,,.,,_.,_,... _ _,_,_._ •. ~--.•,....,..,.,.,,..,1,,,,..,.,.,.c, "'""" .,.,,.,c..,. ~ .. ~·-,.-,, .,,..., ·-:11:. • ,,.11c:,,~:·:·.;x-r;~.;.-.r;rr:.1~-, .. r
Multi-Family Bin Service (Excludes Yard Waste)
3 Cubic Yard
Current Rate
Service
Frequency I
1 x week
2 xweek
3 xweek
4 xweek
5 xweek
6x week
Total
Rate
$ 126.18
$ 210.79
$ 295.38
$ 370.76
$ 446.16
$ 521.54 ·----(0.00)
4 Cubic Yard
AB9939
Fee
1.20
2.40
3.60
4.80
6.00
7.20
Current Rate
Service
Frequency I
1 xweek
2xweek
3 xweek
4 xweek
5x week
6 xweek
Total
Rate
$ 132.44
$ 220.97
$ 309.44
$ 376.40
$ 469.14
$ 548.80
(0.00}
AB9939
Fee
1.20
2.40
3.60
4.80
6.00
7.20
Net
Rate
124.98
208.39
291.78
365.96
440.16
514.34
Net
Rate
131.24
218.57
305.84
371.60
463.14
541.60
EDCO Waste Recycling Services, Inc
Franchise
Fee
12.50
20.84
29.18
36.60
44.02
51.43
Franchise
Fee
13.12
21.86
30.58
37.16
46.31
54.16
Tip Fee Service
29.45 83.03
58.86 128.69
88.31 174.29
117.73 211.63
147.20 248.94
176.62 286.29
Tip Fee Service
39.23 78.89
78.51 118.20
117.73 157.53
156.99 177.45
196.25 220.58
235.51 251.93
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
¾ Change -CPI
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
1.41 0.44 $ 0.20
2.18 0.88 $ 0.34
2.96 1.32 $ 0.47
3.59 1.76 $ 0.59
4.23 2.20 $ 0.71
4.86 2.64 $ 0.84
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
1.34 0.59 $ 0.22
2.01 1.17 $ 0.35
2.67 1.76 $ 0.50
3.01 2.34 $ 0.59
3.74 2.93 $ 0.75
4.28 3.52 $ 0.87
6 of 13
300.718
305.823
~
1.698%
Total
Change
$ 2.05
$ 3.40
$ 4.75
$ 5.94
$ 7.14
$ 8.34
Total
Change
$ 2.15
$ 3.53
$ 4.93
$ 5.94
$ 7.42
$ 8.67
RSWA Tip Fee 2020 $ 45.54
RSWA Tip Fee 2021 $ 46.22
Change $ 0.68
¾ Change -Tip Fee 1.493%
New Rate
Total AB9939 Net Franchise
New Rate Fee Rate Fee Tip Fee
$ 128.23 1.20 127.03 $12.70 $ 29.89
$ 214.19 2.40 211.79 $21.18 $ 59.74
$ 300.13 3.60 296.53 $29.65 $ 89.63
$ 376.70 4.80 371.90 $37.19 $ 119.49
$ 453.30 6.00 447.30 $44.73 $ 149.40
$ 529.88 7.20 522.68 $52.27 $ 179.26
(0.00)
New Rate
Total AB9939 Net Franchise
New Rate Fee Rate Fee Tip Fee
$ 134.59 1.20 133.39 $13.34 $ 39.82
$ 224.50 2.40 222.10 $22.21 $ 79.68
$ 314.37 3.60 310.77 $31.08 $ 119.49
$ 382.34 4.80 377.54 $37.75 $ 159.33
$ 476.56 6.00 470.56 $47.06 $ 199.18
$ 557.47 7.20 550.27 $55.03 $ 239.03 ·-(0.00)
%
Service Change
$ 84.44 1.62%
$ 130.87 1.61%
$ 177.25 1.61%
$ 215.22 1.60%
$ 253.17 1.60%
$ 291.15 1.60%
%
Service Change
$ 80.23 1.62%
$ 120.21 1.60%
$ 160.20 1.59%
$ 180.46 1.58%
$ 224.32 1.58%
$ 256.21 1.58%
3/18/2021
June 1, 2021, Item #4w .....
0
"""' w \0
•-:,~·.-.~ .:nr~-r·.•·•.,:.:"-:~ .. u .• ··•.· 1..;,W:\,~ .. n: ... -.. c:.:i··• ~·:-,.· .. r .. ·•01. •···~• , -~,. A•-, ~~':Ti:-J·--:"?.n-:t t.:-:i::.:.. I:!l'"· =r•--.. -,,.,;; ~·-.:.·--~••••111:~-~·;,-,7· 'T .r·:::,•·-.1: .7':itt.Vl:-UJ,.-L~'J'J, :.r:,:&11 ·1.·•···••~-L W-.l'
Multi-Family Bin Service (Excludes Yard Waste)
5 Cubic Yard
Current Rate
Service
FrequenC' .y
1 xweek
2 xweek
3 xweek
4 xweek
5 xweek
6 xweek
Total
Rate
$ 147.84
$ 244.96
$ 342.08
$ 434.50
$ 526.96
$ 619.43
(0.00)
6 Cubic Yard
AB9939
Fee
1.20
2.40
3.60
4.80
6.00
7.20
Current Rate
Service
Frequency ,
1 x week
2 xweek
3 x week
4xweek
5 xweek
6 xweek
Total
Rate
$ 158.72
$ 262.01
$ 365.38
$ 464.04
$ 562.71
$ 661.42 .. .. (0.00)
AB9939
Fee
1.20
2.40
3.60
4.80
6.00
7.20
Net
Rate
146.64
242.56
338.48
429.70
520.96
612.23
Net
Rate
157.52
259.61
361.78
459.24
556.71
654.22
EDCO Waste Recycling Services, Inc
Franchise
Fee
14.66
24.26
33.85
42.97
52.10
61.22
Franchise
Fee
15.75
25.96
36.18
45.92
55.67
65.42
Tip Fee Service
49.05 82.93
98.12 120.18
152.48 152.15
203.29 183.44
245.28 223.58
294.36 256.65
Tip Fee Service
58.86 82.91
117.73 115.92
176.62 148.98
235.51 177.81
294.36 206.68
353.25 235.55
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
% Change -CPI
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
1.41 0.73 $ 0.24
2.04 1.47 $ 0.39
2.58 2.28 $ 0.54
3.11 3.04 $ 0.68
3.80 3.66 $ 0.82
4.36 4.40 $ 0.98
Rate Change
Service Tip Fee Franchise
1.698% 1.493% Fee
1.41 0.88 $ 0.26
1.97 1.76 $ 0.42
2.53 2.64 $ 0.57
3.02 3.52 $ 0.73
3.51 4.40 $ 0.88
4.00 5.27 $ 1.03
7 of 13
300.718
305.823
5.105
1.698%
Total
Change
$ 2.38
$ 3.90
$ 5.40
$ 6.83
$ 8.28
$ 9.74
Total
Change
$ 2.55
$ 4.15
$ 5.74
$ 7.27
$ 8.79
$ 10.30
New Rate
Total AB9939
New Rate Fee
$ 150.22 1.20
$ 248.86 2.40
$ 347.48 3.60
$ 441.33 4.80
$ 535.24 6.00
$ 629.17 7.20
(0.00)
New Rate
Total AB9939
New Rate Fee
$ 161.27 1.20
$ 266.16 2.40
$ 371.12 3.60
$ 471.31 4.80
$ 571.50 6.00
$ 671.72 7.20 -----(0.00)
RSWA Tip Fee 2020 $ 45.54
RSWA Tip Fee 2021 $ 46.22
Change $ 0.68
% Change -Tip Fee 1.493%
Net Franchise %
Rate Fee Tip Fee Service Change
149.02 $14.90 $ 49.78 $ 84.34 1.61%
246.46 $24.65 $ 99.59 $ 122.22 1.59%
343.88 $34.39 $ 154.76 $ 154.73 1.58%
436.53 $43.65 $ 206.33 $ 186.55 1.57%
529.24 $52.92 $ 248.94 $ 227.38 1.57%
621.97 $62.20 $ 298.76 $ 261.01 1.57%
Net Franchise %
Rate Fee Tip Fee Service Change
160.07 $16.01 $ 59.74 $ 84.32 1.61%
263.76 $26.38 $ 119.49 $ 117.89 1.58%
367.52 $36.75 $ 179.26 $ 151.51 1.57%
466.51 $46.65 $ 239.03 $ 180.83 1.57%
565.50 $56.55 $ 298.76 $ 210.19 1.56%
664.52 $66.45 $ 358.52 $ 239.55 1.56%
3/18/2021
June 1, 2021, Item #4w N
0
"""' w \0
Poway Commercial Service Rates Effective 7/1/2021
Multi-Family Residential Bin Rates (Includes Yard Waste)
1 Cubic Yard
Service
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
¾ Change -CPI
Current Rate
Total AB9939 Net Franchise
300.718
305.823 ~
1.698%
I
RSWA Tip Fee 2020 $ 45.54
RSWA Tip Fee 2021 $ 46.22
Change T75Ta
¾ Change -Tip Fee 1.493%
Rate Change
Service Tip Fee Franchise Total
Frequency Rate Fee Rate Fee Tip Fee ,ervice FeE i 1.698% e 1.493% Fee Change
1 x week
2xweek
3 xweek
4 xweek
5 xweek
6xweek
2 Cubic Yard
Service
Frequency
1 x week
2 xweek
3xweek
4 xweek
5xweek
6 xweek
$ 79.70 1.20
$ 132.86 2.40
$ 186.00 3.60
$ 232.46 4.80
$ 278.96 6.00
$ 325.47 7.20 ---0.00
Current Rate
Total AB9939
Rate Fee
$ 96.86 1.20
$ 161.51 2.40
$ 226.17 3.60
$ 283.69 4.80
$ 341.26 6.00
$ 398.83 7.20 ---0.00
78.50
130.46
182.40
227.66
272.96
318.27
Net
Rate
95.66
159.11
222.57
278.89
335.26
391.63
EDCO Waste Recycling Services, Inc
7.85
13.05
18.24
22.77
27.30
31.83
Franchise
Fee
9.57
15.91
22.26
27.89
33.53
39.16
9.81 60.84 1.03 0.15 $ 0.13 $ 1.31
19.63 97.78 1.66 0.29 $ 0.21 $ 2.16
29.45 134.71 2.29 0.44 $ 0.30 $ 3.03
39.23 165.66 2.81 0.59 $ 0.37 $ 3.77
49.05 196.61 3.34 0.73 $ 0.45 $ 4.52
58.86 227.58 3.86 0.88 $ 0.52 $ 5.26
Rate Change
Service Service Tip Fee Franchise Total
Tip Fee Fee 1.696% 1.493% Fee Change
19.63 66.46 1.13 0.29 $ 0.15 $ 1.57
39.23 103.97 1.76 0.59 $ 0.26 $ 2.61
58.86 141.45 2.40 0.88 $ 0.36 $ 3.64
78.51 172.49 2.93 1.17 $ 0.45 $ 4.55
101.68 200.05 3.40 1.52 $ 0.54 $ 5.46
117.73 234.74 3.98 1.76 $ 0.64 $ 6.38
8 of 13
New Rate
Total AB9939 Net Franchise Service %
New Rate Fee Rate Fee Tip Fee Fee Change
$ 81.01 1.20 79.81 $7.98 $ 9.96 $ 61.87 1.64%
$ 135.02 2.40 132.62 $13.26 $ 19.92 $ 99.44 1.63%
$ 189.03 3.60 185.43 $1B.54 $ 29.B9 $137.00 1.63%
$ 236.23 4.80 231.43 $23.14 $ 39.82 $168.47 1.62%
$ 283.48 6.00 277.48 $27.75 $ 49.78 $199.95 1.62%
$ 330.73 7.20 323.53 $32.35 $ 59.74 $231.44 1.62%
(0)
New Rate
Total AB9939 Net Franchise Service %
New Rate Fee Rate Fee Tip Fee Fee Change
$ 98.43 1.20 97.23 $9.72 $ 19.92 $ 67.59 1.62%
$ 164.12 2.40 161.72 $16.17 $ 39.82 $105.73 1.62%
$ 229.81 3.60 226.21 $22.62 $ 59.74 $143.85 1.61%
$ 288.24 4.60 283.44 $26.34 $ 79.66 $175.42 1.60%
$ 346.72 6.00 340.72 $34.07 $ 103.20 $203.45 1.60%
$ 405.21 7.20 398.01 $39.B0 $ 119.49 $238.72 1.60%
(0.00)
3/18/2021
June 1, 2021, Item #4w w
0
'""" w \D
·' • · ··•·•·~· "~ n>"•~.,, ,;.._,., , .. _. ,., .. · .• ··•• .,,. •, · r-. • •.~.·""·'·~ ~•• ~~ ·< -~ :":;.·-~-..v•,.~~=~•·· .. ··•.-.•. :,c~·.•·.,.-. .,,•,;.,: r: ·1-e-_,..,.,..,,._.m,.·ur••••:1·,1::;:,~""·.,.,,.,..,.L...,,. • .--.r-1:1·:,,;,,•:.,,.r•J;•,:::N'rQ,;'t•-"'"'"••:--. •• ~~.,,,,,""""~"""""-••«••w•·•••·•'·-c'•"-"OL«•4-=••·'r'
Multi-Family Residential Bin Rates (Includes Yard Waste)
Consumer Price Index 2nd Half 2019 300.718
Consumer Price Index 2nd Half 2020 305.823
Change ~
% Change -CPI 1.698%
3 Cubic Yard
Current Rate
Service Total AB9939 Net Franchise
Frequency Rate Fee Rate Fee Tip Fee Service
1 x week $ 139.54 1.20 138.34 13.83 29.45 95.06
2 xweek $ 233.10 2.40 230.70 23.07 58.86 148.TT
3 xweek $ 326.69 3.60 323.09 32.31 88.31 202.47
4 xweek $ 410.03 4.80 405.23 40.52 117.73 246.98
5 xweek $ 493.38 6.00 487.38 48.74 147.20 291.44
6 xweek $ 576.79 7.20 569.59 56.96 176.62 336.01
(0.00)
4 CubicYm-d
Current Rate
Service Total AB9939 Net Franchise
Frequency Rate Fee Rate Fee Tip Fee Service
1 x week $ 146.46 1.20 145.26 14.53 39.23 91 .50
2 x week $ 244.44 2.40 242.04 24.20 78.51 139.33
3 xweek $ 342.32 3.60 338.72 33.87 117.73 187.12
4 xweek $ 430.60 4.80 425.80 42.58 156.99 226.23
5 xweek $ 519.01 6.00 513.01 51 .30 196.25 265.46
6 xweek $ 607.12 7.20 599.92 59.99 235.51 304.42 ----· (0.00)
EDCO Waste Recycling Services, Inc
RSWA Tip Fee 2020 $ 45.54
RSWA Tip Fee 2021 $ 46.22
Change $MB
% Change -Tip Fee 1.493%
Rate Change
Service Tip Fee Franchise Total
1.698% 1.493% Fee Change
1.61 0.44 $ 0.23 $ 2.28
2.53 0.88 $ 0.38 $ 3.79
3.44 1.32 $ 0.53 $ 5.29
4.19 1.76 $ 0.66 $ 6.61
4.95 2.20 $ 0.79 $ 7.94
5.70 2.64 $ 0.93 $ 9.27
Rate Change
Service Tip Fee Franchise Total
1.698% 1.493% Fee Change
1.55 0.59 $ 0.23 $ 2.37
2.37 1.17 $ 0.40 $ 3.94
3.18 1.76 $ 0.55 $ 5.49
3.84 2.34 $ 0.69 $ 6.87
4.51 2.93 $ 0.83 $ 8.27
5.17 3.52 $ 0.97 $ 9.66
9 of 13
New Rate
Total
New Rate
$ 141.82
$ 236.89
$ 331.98
$ 416.64
$ 501.32
$ 586.06
---0.00
New Rate
Total
New Rate
$ 148.83
$ 248.38
$ 347.81
$ 437.47
$ 527.28
$ 616.78
0.00
AB9939 Net Franchise Service %
Fee Rate Fee Tip Fee Fee Change
1.20 140.62 $14.06 $ 29.89 $ 96.67 1.63%
2.40 234.49 $23.45 $ 59.74 $151.30 1.63%
3.60 328.38 $32.84 $ 89.63 $205.91 1.62%
4.80 411.84 $41.18 $ 119.49 $251 .17 1.61%
6.00 495.32 $49.53 $ 149.40 $296.39 1.61%
7.20 578.86 $57.89 $ 179.26 $341.71 1.61%
Check
AB9939 Net Franchise Service %
Fee Rate Fee Tip Fee Fee Change
1.20 147.63 $14.76 $ 39.82 $ 93.05 1.62%
2.40 245.98 $24.60 $ 79.68 $141.70 1.61%
3.60 344.21 $34.42 $ 119.49 $190.30 1.60%
4.80 432.67 $43.27 $ 159.33 $230.07 1.60%
6.00 521.28 $52.13 $ 199.18 $269.97 1.59%
7.20 609.58 $60.96 $ 239.03 $309.59 1.59%
3/18/2021
June 1, 2021, Item #4w .,::a.
0 -41 w \0
• -•~,; :_,c1:-:v:·, ;J,._~-r .-,r·.•-~M~ , •• ,,·,,r,i;~,.-•.,.,-,_,_,.,-:.,,";.: .• _,_ . _., --~:-i:,,,::.:;,:.,::-:--.(".;::o•;,~i·:• •,-,.:,~~,::.-,:,::;-_,. =i•r:ur.:~11 ,--~,,.,-___ :~.1·n'!IIO::i;::1-...n~ttn~:,·-.; ... :i1::;r·_!;";,:,1,1r1,~~c:--.'.;l:r·:~.:1:;, .. ,..:r:i::.: .~.---
Multi-Family Residential Bin Rates (Includes Yard Waste)
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
5 Cubic Yard
Service
Frequency
1 x week
2x week
3 xweek
4 xweek
5 xweek
6 xweek
6 CubLc:_ Yard
Service
Frequency
1 xweek
2x week
3 xweek
4 xweek
5 xweek
6 xweek
% Change -CPI
Current Rate
Total AB9939 Net
Rate Fee Rate
$ 163.59 1.20 162.39
$ 271.03 2.40 268.63
$ 378.53 3.60 374.93
$ 481.03 4.80 476.23
$ 583.12 6.00 577.12
$ 685.49 7.20 678.29
0.00
Current Rate
Total AB9939 Net
Rate Fee Rate
$ 175.50 1.20 174.30
$ 289.76 2.40 287.36
$ 404.02 3.60 400.42
$ 513.10 4.80 508.30
$ 622.21 6.00 616.21
$ 731.32 7.20 724.12
0.00
EDCO Waste Recycling Services, Inc
Franchise
Fee Tip Fee
16.24 49.05
26.86 98.12
37.49 152.48
47.62 203.29
57.71 245.28
67.83 294.36
Franchise
Fee Tip Fee
17.43 58.86
28.74 117.73
40.04 176.62
50.83 235.51
61.62 294.36
72.41 353.25
300.718
305.823 ~
1.698%
Service
97.10
143.65
184.96
225.32
274.13
316.10
Service
98.01
140.89
183.76
221,96
260.23
298.46
RSWA Tip Fee 2020 $ 45.54
RSWA Tip Fee 2021 $ 46.22
Change ToTs
% Change -Tip Fee 1.493%
Rate Change
Service Tip Fee Franchise Total
1.698% 1.493% Fee Change
1.65 0.73 $ 0.26 $ 2.64
2.44 1.47 $ 0.44 $ 4.35
3.14 2.28 $ 0.61 $ 6.03
3.83 3.04 $ 0.77 $ 7.64
4.65 3.66 $ 0.93 $ 9.24
5.37 4.40 $ 1.08 $ 10.85
Rate Change
Service Tip Fee Franchise Total
1.698% 1.493% Fee Change
1.66 0.88 $ 0.28 $ 2.82
2.39 1.76 $ 0.46 $ 4.61
3.12 2.64 $ 0.64 $ 6.40
3.77 3.52 $ 0.81 $ 8.10
4.42 4.40 $ 0.98 $ 9.80
5.07 5.27 $ 1.15 $ 11.49
10 of 13
New Rate
Total AB9939 Net Franchise
New Rate Fee Rate Fee Tip Fee
$ 166.23 · 1.20 165.03 $16.50 $ 49.78
$ 275.38 2.40 272.98 $27.30 $ 99.59
$ 384.56 3.60 380.96 $38.10 $ 154.76
$ 488.67 4.80 483.87 $48.39 $ 206.33
$ 592.36 6.00 586.36 $58.64 $ 248.94
$ 696.34 7.20 689.14 $68.91 $ 298.76 ·---· (0.00)
New Rate
Total AB9939 Net Franchise
New Rate Fee Rate Fee Tip Fee
$ 178.32 1.20 177.12 $17.71 $ 59.74
$ 294.37 2.40 291.97 $29.20 $ 119.49
$ 410.42 3.60 406.82 $40.68 $ 179.26
$ 521.20 4.80 516.40 $51.64 $ 239.03
$ 632.01 6.00 626.01 $62.60 $ 298.76
$ 742.81 7.20 735.61 $73.56 $ 358.52 ... 0.00
Service %
Fee Change
$ 98.75 1.61%
$146.09 1.60%
$188.10 1.59%
$229.15 1.59%
$278.78 1.58%
$321.47 1.58%
Service %
Fee Change
$ 99.67 1.61%
$143.28 1.59%
$186.88 1.58%
$225.73 1.58%
$264.65 1.58%
$303.53 1.57%
3/18/2021
June 1, 2021, Item #4w U1
0 """ w \0
·---------•-----···-···--~•--.-~-~----·. --·--~•---.... .,,. ........ ,----·~---.. ·---·--. -. , -~--··
Poway Corn_mercial Service Rates Effective 7/1/2021
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
% Change -CPI
Commercial Recycling Services
Collection Weekly
1g Cart
Box Services
Total Scheduled Debris Box Serviced Monthly
Unscheduled Debris Box Pulls (40-Cubic Yards)
RSWA Trash Rate per ton, including Franchise Fee
COi -Tip Fee plus FF/City Fees
3-Cubic Yard Bin -3-Day Rental
3-Cubic Yard Bin -1-Month Rental (Once-a-Week
Emptying (Primarily Construction & Remote))
Additional Dump of3-Cu.Yd. Bin
Daily Roll-Off Rental
Locking Lid Set Up
Daily Impound Fee for Storage of Unauthorized Contain
Service Charge to Reinstate Collection Services
After Tenmination for Non-Payment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Current
Rate
34.89
43.57
52.29
60.98
60.98
17.83
180.19
194.11
50.60
64.63
257.74
29.50
5.22
10.19
23.06
14.83
300.718
305.823
5.105
1.698%
Proposed
Rate
$ 35.48
$ 44.31
$ 53.18
$ 62.02
$ 62.02
$ 18.13
$ 183.25
$ 197.41
$ 51.36
$ 65.73
$ 262.12
$ 30.00
$ 5.31
$ 10.36
$ 23.45
$ 15.08
Rate %
Change Change
$ 0.59 1.698%
$ 0.74 1.698%
$ 0.89 1.698%
$ 1.04 1.698%
$ 1.04 1.698%
$ 0.30 1.698%
$ 3.06 1.698%
$ 3.30 1.698%
$ 0.76 1.493%
$ 1.10 1.698%
$ 4.38 1.698%
$ 0.50 1.698%
$ 0.09 1.698%
$ 0.17 1.698%
$ 0.39 1.698%
$ 0.25 1.698%
June 1, 2021, Item #4w 0\
0 ..._
w \0
,,,.., ~~-,·.-~• .,..,.,-r•,_,..,..,.,0.--,0-:,.••·,.., . • .. •·•-. _ , •• •. ~,07_ •• ,__..,,:."i> , ,r.;ll'.7':sl.CC"',:t:",::·~::t::!l~Jlf"f1:I'-::,~ ~· •-i.::,•:"':1•."11
City of Poway
Rates for Anaerobic Digestion of Greenwaste & Foodwaste
7/J12020
Commercial Commingled Organics
1st Container
Cart {65 gl)
Cart (96 gl)
2CY
Size
Each Additional Container
Cart (65 gl)
Cart {96 gl)
2CY
Size
Frequency
1 .f ~
$ 87.02 $174.03 $ 261.05
$ 98.14 $ 196.28 $ 294.43
$159.17 $318.34 $ 477.50
1 .f ~
$ 82.67 $ 165.33 $ 248.00
$ 93.23 $ 186.47 $ 279.70
$ 151.21 $ 302.42 $ 453.63
Extra
Pickup
$ 34.81
$ 39.26
$ 63.67
City of Poway
Rates for Anaerobic Digestion of Greenwaste & Foodwaste
7/JJ.2021
Consumer Price Index 2nd Half 2019
Consumer Price Index 2nd Half 2020
Change
% Change -CPI
Commercial Commingled Organics
1st Container
Frequency
Size 1 .f
Cart (65 gl) $ 88.49 $ 176.99
Cart {96 gl) $ 99.81 $ 199.62
2CY $161.87 $ 323.74
Each Additional Container
Size 1 .f
Cart (65 gl) $ 84.07 $168.14
Cart (96 gl) $ 94.82 $ 189.64
2 CY $ 153.78 $ 307.55
~
$ 265.48
$ 299.42
$ 485.61
~
$ 252.21
$ 284.45
$ 461.33
300.718
305.823
5.105
1.698%
Extra
Pickup
$ 35.40
$ 39.92
$ 64.75
1.698%
1.698%
1.698%
1.698%
1.698%
1.698%
June 1, 2021, Item #4w .....
0 """ w U)
----•-· .. -~-----~ -=-~-
CPI for All Urban Consumers (CPI-U)
Original Data Value
Series Id: CUURS49ESA0
Not Seasonally Adjusted
Series Title: All items in San Diego-Carlsbad, CA, all urban
Area: San Diego-Carlsbad, CA
Item: All items
J_~~~ Period: 1982-84=100
Years: 201 Oto 2020
--xls1
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
Year ----
I
Jan --
288.331
295.761
302.564
307.688
Feb
New Tip Fee
Old Tip Fee
Change
%Change
$ 46.22 7/1/2021
$ 45.54 7/1/2020
$ 0.68
1.493%
<C: Mar
-
290.81
297.226
302.589
.. Apr May
--
289.243
300.303
301 .317
I
-= Jun -
I
Jul Aug Sep Oct Nov Dec Annual F HALF1 F HALF2 . -------252.451 , 252.91 253.368
256.961 256.637 257.285
260.3171 258.955 261.679
265.145 265.251 265.039
269.436 267.346 271.526
274.732 272.6281 276.837
285.961 283.012, 281 .561 1 284.464
295.185 295.883 293.858 292.547 290.0761 295.018
299.333 301.033 301.52 299.433 298.1471 300.718 -
305.611 304.443 306.334 303.9321 302.04 305.823
■ !_ Change! s.10 I
% 1.698%
June 1, 2021, Item #4WASTE & RECYCLING SERVICES Memo To: From: James Eggart, General Manager-RSWA Steve South, CEO-EDCO Date: February 18th 2021 Re: RSWA Tip Fee Calculation for FY 2021/22 As specified in the disposal contract between our organizations, the following formula is used to calculate the RSWA tip fee for the upcoming fiscal year beginning July 1, 2021. Please refer to the attached spreadsheet for 2020 tonnage data and the Consumer Price Index used in the calculation. The LA-Riverside-Orange County CPI for all Urban Consumers increased 1.45% from December 2019 to December 2020 and therefore the floor of 1.50% will to used. 38 of 39 • 2/3 (or .6667) of the current tip fee increases by the change in the CPI (floor) of 1.50%. 2/3 x 1.50%= 1.000%. • 1/3 (or .3333) of the current tip fee changes by the difference between the CPI (floor) increase of 1.50% and the percentage change in solid waste tonnage generated by RSWA cities from the previous calendar year. In 2020, RSWA tonnage decreased -2.58% when compared to 2019 and therefore will also be adjusted at the CPI floor rate of 1.50% • 1/3 (or .3333) of 1.5000% = .5000%. • The combined effect of the CPI (1.000%) and the decreased tonnage calculation (.50%), results in an allowable increase of 1.5000% applied to the entire rate. 1. Del Mar, Encinitas, Solana Beach and Vista Tip Fee Calculation. The current tip fee of $50.50 per ton is increased 1.5000% resulting in an increase of $.7575 per ton or $.76 per ton. The new tip fee for these four cities on July 1, 2021 is $51.26 per ton. 2. National City & Poway The current tip fee in these two cities of $45.54 is increased 1.5000% resulting in an increase of $.6831 or $.68 per ton. The new tip fee for these cities on July 1, 2021 is $46.22 per ton.
June 1, 2021, Item #439 of 39 3. Volume Rebate Calculation The current annual volume rebate of $283,229.69 is multiplied by the CPI (floor) increase of 1.50%, which generates and additional $4,284.45 in rebate revenue. The adjusted volume rebate is $287,478.14. 1/3 of this amount ($95,826.05), is adjusted by the percentage change in tonnage generated in 2020, (-2.58%). This negative change in tonnage results in 0% change for this component of the rate. The total volume rebate to be paid to RSWA beginning July 1, 2021 is $287,478.14. Please review these calculations at your earliest convenience so we may proceed with rate changes in all RSWA cities.
June 1, 2021, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL June1,2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~J Will Wiley, Assistant Director of Public Works for Maintenance OperationA/ (858) 668-4705 or wwiley@poway.org -, r Award of Agreement for Street Sweeping Services, Cannon Pacific Services, Inc. d/b/a Pacific Sweeping, RFP No. 21-025 A Request for Proposals (RFP) for Street Sweeping Services (comprehensive sweeping of streets, center islands and medians, centerlines, and parking lots) was duly advertised on April 1, and April 8, 2021. Two proposals were received and opened on April 19, 2021. Cannon Pacific Services, Inc. was responsive to the criteria of the RFP. The term of the agreement will be one (1) year beginning July 1, 2021 through June 30, 2022 and may be extended for up to four (4) one-year terms. Recommended Action: It is recommended that the City Council award the Agreement for Street Sweeping Services, RFP No. 21-025 to Cannon Pacific Services, Inc., d/b/a Pacific Sweeping, and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway (City) is responsible for the sweeping of 376 miles of residential and commercial curbs, center islands, medians, and centerlines, as well as 720,416 square feet of City maintained parking lots. Every public residential and commercial street in the City is swept on a regular schedule. Street sweeping removes dirt and debris from public streets, prevents blockages in storm drain inlets, and reduces pollutants in nearby creeks and streams. Additionally, sweeping helps protect our water quality by preventing oil, metals, and other debris from entering the watershed. The City's current contract for street sweeping services expires on June 30, 2021. Staff issued an RFP for street sweeping services, which was advertised on April 1, and April 8, 2021. The RFP was publicly noticed in accordance with the City's Municipal Code, including being advertised on the City's website, local paper, and a bid notice posted to eBidboard (the City's eProcurement system). On April 19, 2021, two proposals were submitted. The RFP required contractors to submit a proposal for the annual cost of commercial and residential curb miles swept and the annual cost per square foot of parking lots 1 of 28
June 1, 2021, Item #5swept. The two proposals were evaluated by Public Works staff utilizing a Qualifications Based Selection process to evaluate and rank each proposal. R.F. Dickson Co., Inc. and Cannon Pacific Services, Inc., d/b/a Pacific Sweeping (Cannon Pacific) both met the criteria of the RFP and were deemed responsive. In an effort to align proposal costs with the FY 2021-22 budget, staff requested a best and final offer from both contractors. Cannon Pacific was the only one to submit a revised cost proposal. The recommended contractor is listed below, signified by an asterisk and cost amounts in bold. While pricing is an important factor, the recommendation for award is based on several factors, including available experience, resources, approach, equipment, and cost. Table 1: Award Summary for Street Sweeping Services, RFP No. 21-025 Contractor Total Fee Cannon Pacific Services, Inc., $240,747.70* d/b/a Pacific Sweeping R.F. Dickson Co., Inc. $288,334.62 Staff recommends awarding an agreement to Cannon Pacific. Cannon Pacific has more than 40 years of providing street sweeping services to government agencies, industrial and commercial businesses. Additionally, Cannon Pacific has been the City's street sweeping service provider since July 2016, which provides for continuity of operations in the current street sweeping program. Cannon Pacific provides street sweeping services to other San Diego County cities, including Carlsbad, Lemon Grove and San Marcos. Cannon Pacific's street sweeping equipment is well maintained, reliable, and is fully compliant equipment with California Air Resources Board and air pollution control district requirements. Cannon Pacific provides knowledgeable, experienced, and reliable sweeping service at the highest possible quality level and is compliant with all federal and state operation and traffic safety guidelines. The term of the agreement will be one (1) year beginning July 1, 2021 through June 30, 2022 and may be extended for up to four (4) one-year terms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds for Cannon Pacific Street Sweeping Services, as identified in this report, are included with the Fiscal Year 2021-22 Operating Budget (411040-43320) for consideration by Council on June 15, 2021. Contracts will be awarded upon adoption of the proposed budget. Public Notification: None. Attachments: A. Agreement with Cannon Pacific Services, Inc., d/b/a Pacific Sweeping 2 of28
June 1, 2021, Item #5Reviewed/ Approved By: Assistant City Manager 3 of28 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
June 1, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Cannon Pacific Services, Inc. dba Pacific Sweeping (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform Street Sweeping Services in support of the Public Works Streets Department; and WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 4of28 ATTACHMENT A
June 1, 2021, Item #5failure 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. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this 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. 5 of28
June 1, 2021, Item #59. 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 disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 6 of28 (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: C8J 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. D 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
June 1, 2021, Item #5Economic 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. 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. 7 of28
June 1, 2021, Item #515. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (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. 8 of28
June 1, 2021, Item #5(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 9 of28
June 1, 2021, Item #520. 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. 10 of 28
June 1, 2021, Item #5Contractor 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 contribt:Jtions, 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) 11 of 28
June 1, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: ________ _ Chris Hazeltine, City Manager Date: ----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 12 of 28 Cannon Pacific Services, Inc. Dba Pacific Sweeping By: __________ _ Rosio Vitela, Regional Sales Manager Date: ------------
June 1, 2021, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform street sweeping services as required by City, further described in the agreement which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on April 19, 2021, which is included in this document as Attachment 2. Total fee is not to exceed $1,209,000. 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 July 1, 2021 and ending June 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to four (4) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2023. 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. 13 of 28
June 1, 2021, Item #5D. 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 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: $5,000,000 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." 14 of 28
June 1, 2021, Item #53. 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: 15 of 28 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 Cannon Pacific Services, Inc. dba Pacific Sweeping 285 Pawnee St. Suite A San Marcos, CA 92078 (Remainder of page intentionally left blank)
June 1, 2021, Item #5ATTACHMENT 1 CONTRACTOR RESPONSIBILITIES Contractor agrees to perform general maintenance as required by City. Contractor shall provide the necessary qualified personnel to perform the services described below. 1. Duties of Contractor: During the term of this Agreement, the selected Contractor shall perform all work as described in the technical specifications and the following: a. Ensure that all Contractor employees are properly trained prior to start of Agreement and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Conform to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. c. Conform to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The Contractor's staff, including sub-contractors, shall wear professional attire that clearly identifies the company they work for. Clothing and other accessories (hat, mask, etc) shall be work-place appropriate. The City of Poway shall, throughout the life of the Agreement; have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected Contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected Contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected Contractor's employees and subcontractors is the sole responsibility of the selected Contractor. Further, the Contractor shall be responsible for running background checks of their employees through the DOJ at their own costs and maintaining their staff's list of who has received a background check. 3. Subcontractors: Contractor shall not assign, transfer, or enter into any subcontract under this agreement, nor any part thereof, without first obtaining the written consent of the Director of Public Works. If Contractor is permitted to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and City. All persons engaged in the work shall be considered employees of Contractor. The City shall deal directly with and shall make all payments to Contractor. 4. Company Representative I Local Office: The selected Contractor shall maintain a local office within the County of San Diego. The selected Contractor shall have a competent representative available during working hours that can make authoritative decisions and to discuss matters pertaining to the Agreement. At all times during the term of this Agreement, the Contractor shall provide the City with a twenty-four (24) hour/day, seven (7) days/week emergency phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an 16 of 28
June 1, 2021, Item #5ATTACHMENT 1 emergency call is made requesting the Contractor to perform emergency services, the Contractor shall have a competent representative on site to commence the required service. A valid/active e-mail address that is monitored twenty-four (24) hours per day, seven (7) days per week shall be required to receive written notices and authorizations for emergency services. 5. Invoices: The selected Contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work-related accidents, etc. Where the Contractor is required to pay prevailing wages, certified payrolls for each employee shall be maintained by the Contractor as required by Labor Code section 1776. These records shall be made available to the City upon request and must be maintained for not less than ten (10) years. Each assignment will be invoiced separately. Payment may be withheld until all adequate documentation is provided. 6. Productive Man-hours: The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work. 7. Quality Control: The selected Contractor shall institute and maintain throughout the Agreement period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the Agreement. The program shall include providing daily supervision and conducting frequent inspections of the Contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 8. Supervision: The contractor agrees that its performance of each of the provisions of this agreement shall be to the standards set by City's Director of Public Works to insure cleanliness, health, and sanitation in the sweeping of streets and disposal of all sweepings within City. Contractor shall faithfully and regularly remove such sweepings in accordance with provisions of this agreement unless it is modified in writing. All work shall be done in a thorough and professional manner in accordance with generally accepted good practices in the street sweeping industry. The Contractor shall designate the Operations Manager as the principle contact, and an alternate (other than the Principal/Owner of the Company), to be available daily during street sweeping hours, and as well as to be available daily during off-hours for emergencies. 17 of 28
June 1, 2021, Item #5ATTACHMENT 1 PURPOSE AND TECHNICAL SPECIFICATIONS 1. Purpose: The purpose of this Agreement is to provide comprehensive street sweeping services for streets, center islands/medians, centerlines, and parking lots. The City proposes to contract with a service agency that is proactive in their work standards and can meet the qualifications set forth in this proposal package. 2. Technical Specifications: The Contractor shall: 18 of 28 a. Assign to City, at all times, two, fully operational street sweeping vehicles as outlined in this agreement unless written approval from the Director has been obtained. Furthermore, Contractor shall have a reserve operator in case the primary driver becomes ill or is incapacitated for any reason. A penalty of $100 will be assessed for each day a sweeping route is not completed due to equipment failure. b. Specifically assign one street sweeper to Poway and leave it at 12325 Crosthwaite Circle, Poway, CA (the City's Maintenance yard) for the duration of the agreement when not in use. c. Notify City of any deviation to the schedule, including the change of sweeper operator(s), and/or equipment changes. d. Provide copies of valid commercial driver's licenses for all operators assigned to City, whether permanently or temporarily assigned to City. e. Assign Contractor's Operations Manager as primary contact between and with City Contract Administrator, or City designee. f. Furnish, at Contractor's own expense, all labor, equipment, and materials necessary, and shall sweep all paved, public streets located within the present corporate limits of City, in accordance with the area map attached hereto. The sweeping process shall include removal and disposal of all accumulated debris (e.g., all solids and liquids collected in the street sweeper(s). The regularly scheduled street sweeping shall be adhered to by Contractor unless deviation therefrom is authorized by the Director of Public Works, or the Director's designee. Sweeping shall be completed according to schedule and shall not be interrupted unless approved by the Director in writing, except in emergencies, inclement weather, or holidays by one day. Contractor shall notify City should Contractor have an emergency, and the Director shall determine whether Contractor is released of completing a daily route based on the nature of the emergency. The City has the authority to interrupt scheduled service should City have an emergency. g. Assume liability for damages arising out of the operation of sweeping streets
June 1, 2021, Item #5ATTACHMENT 1 within City, including but not limited to, debris thrown into/onto private property, running over traffic counting tubes that are clearly delineated, or any other property damage resulting from operations. 3. Equipment: The quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein, and an absolute minimum of one (1) primary sweeper must be a top dump one (1) back-up sweeper shall be provided, can be either top dump or rear dump equipped. Periodically, aging equipment must be brought back to this standard per mutual agreement. Bottom dump sweepers shall not be used within the City. The Contractor's equipment and equipment service records, including warranty repair, shall be subject to periodic inspection by City. Should warranty work be undocumented by warrantor, Contractor shall notify the City of scheduled or unscheduled warranty repairs and log the warranty work within Contractor records. Scheduled or unscheduled equipment maintenance and/or repairs shall be noticed to City immediately, with anticipated date and time of equipment return. Copies of all equipment repair work shall be sent to the Director of Public Works within 5 days of repair(s). 19 of 28 Requirements: a. The Contractor shall provide each year the Make, Model, and Year of sweeper equipment to be used in City by submitting Department of Motor Vehicle registration copies to the Director. b. The specific equipment to be used shall be specified in the Contractor's proposal (e.g., broom type and regenerative air) c. The City requires that all equipment (both primary and backup sweepers) to be used for performing services under this agreement be kept within the City limits. No scheduled route during daily service shall be interrupted or deviated from for service either outside the City limits or inside the City limits, unless authorized in writing by the Director of Public Works. The sweepers shall have in large markings the name of the Contractor, "Under Contract with the City of Poway" either painted or permanently affixed to both sweepers. d. All equipment shall be equipped in accordance with State law. The flashing light shall meet the following requirements: i. Visible for a minimum of one mile ii. Flash 60-90 times per minute iii. Mounted for 360 degree visibility iv. Equipped with an amber lens An arrow board, approved by the Director of Public Works, shall be mounted on the back of all equipment.
June 1, 2021, Item #520 of 28 ATTACHMENT 1 e. All street sweepers shall be equipped with: i. Adequate water systems for dust control (Fire hydrants or supply points shall be designated by City to provide water necessary for the operation). Water meters for each specific equipment type shall be issued by City. Readings of these assigned meters will be taken to the City Customer Services Department the third week every even month, or as approved by the Director of Finance. ii. Automatic vehicle location device (vehicle location and management system [e.g., GPS]), and any associated software programs, which will report all street sweeping activity. This device shall be placed on all sweeping equipment at the Contractor's cost, including monthly monitoring charges. The associated software shall be provided at no cost to the City. Should any device fail, or need repair, the Contractor shall immediately report that the GPS is inoperative to City. f. The Contractor shall maintain a facility for repair and care of sweepers used in City. Brushes and brooms shall be maintained in proper condition and shall be replaced as recommended by the manufacturer, or when pick-up ability becomes impaired. Any maintenance/repair work completed at Poway facilities or roadways must be approved prior to work by the Director of Public Works. The Contractor shall immediately report mechanical breakdowns to City. Adequate support equipment shall be available, including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described within this agreement. g. The Contractor shall immediately clean any street sweeping vehicle fluid leaks using all appropriate dry cleaning methods and properly dispose of products afterwards. Operator shall carry a spill kit and be properly trained on how to clean spills. h. Manufacturer's Equipment Specifications are to be included within the proposal. All equipment, including support equipment, to be used by Contractor shall be listed as a part of the detailed inventory to support the Contractor's qualifications. Manufacturer's Equipment Specifications shall be mailed or emailed to City whenever new equipment is added to the Contractor's inventory. i. The City shall have the option of performing a complete inspection of all vehicles at any time throughout the term of the Agreement. If any vehicle is inspected and it is determined by the Director of Public Works, or the Director's designee, that it does not meet standards City deems necessary to fulfill the Agreement or to operate safely,
June 1, 2021, Item #5ATTACHMENT 1 City may require such vehicle(s) be brought to standard (whether by need of repair or use of certified equipment as required by Federal, State, or local law) before being placed back in service. Any vehicular accidents involving sweepers assigned to City must be reported in writing within 24 hours of said accident to City. The location for washing equipment shall be approved by the Director of Public Works and shall not encroach upon collection basins, not designated for use by the Director. 4. Standards of Performance: Street sweeping shall be performed in accordance with accepted standards for Municipal Street cleaning. When necessary for proper cleaning, Contractor shall make more than one pass on a street, without extra charge. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Contractor shall immediately respond when notified by City to re-sweep unsatisfactory areas at no additional charge. The equipment operator shall maintain a log listing the locations of roadways that cannot be adequately swept because of obstructions such as low hanging limbs or vehicles parked on City streets for extended periods of time. The Contractor shall report these locations, by address, to City's Director of Public Works, or designee, within 48 hours. (Deductions may be made from the Contractor's payments for areas not swept due to obstructions that were not reported to City within the time allowed.) 5. Accident Procedure: All accidents, regardless of how minor, involving another person, private property, or vehicle, shall be reported immediately to the Poway Sheriff's Department and a report requested. The City's Public Works Department shall also be contacted immediately. 6. Laws and Regulations: The Contractor acknowledges that it is charged with notice and knowledge of all of the provisions of all Federal, State, County, and City laws, ordinances, and regulations affecting the sweeping of streets and disposal of sweepings, and Contractor agrees to observe all of the terms of all applicable laws and ordinances that may hereafter be in effect, and all amendments thereto, and agrees to observe such reasonable regulation not in conflict with this agreement as may be enacted by the City's City Council. 7. Sweeping Equipment Safety: The sweeping equipment shall not travel in excess of the manufacturer's recommended sweeping rate or ten (10) miles per hour when sweeping any street. The Contractor's street sweeper operators shall maintain good safety and driving records, and use extreme caution during street sweeping. 8. Disposal of Debris: The Contractor will dispose all refuse/debris collected within City by placing such refuse/debris into City designated dumpster(s). The 21 of 28
June 1, 2021, Item #5ATTACHMENT 1 location(s) of the designated dumpster(s) are at the discretion of the Director of Public Works. The cleanup required around the dumpsters due to debris falling outside the dumpsters, is the sole responsibility of the Contractor. The City shall bear the expense of hauling the container's debris. 9. Compensation: Contractor shall be paid per curb mile swept as full compensation for regularly scheduled street sweeping of all existing streets. The Contractor shall be paid only for the actual curb miles swept. This compensation includes the removal and disposal of all accumulated debris. a. Each curb mile added to or subtracted from the schedule during the effectual Agreement shall be calculated at the curb mile sweep cost and the Agreement price adjusted accordingly. · b. Streets that are to be permanently removed from, or added to, the sweeping schedule shall require written notification by the City. c. The City shall pay Contractor a sum determined per the current fee schedule per hour for any and all additional street sweeping service requested by the City and performed by Contractor, excluding requested re-sweeps. The hours of sweep time to be paid shall include the Contractor's travel time. d. Contractor shall provide a daily report or access to an on line reporting system and a monthly bill to the Director of Public Works, or designee, listing odometer readings and GPS records to permit auditing of sweeping mileage, water usage, and quantity spoils. e. Loss of Revenue: Failure of Contractor to complete sweeping zones, except on holidays or inclement weather, or lack of fulfilling any portion of this agreement, shall result in a deduction from payment otherwise due the Contractor for each incomplete sweep day. Deductions shall be calculated based on curb mile cost for incomplete zones, or pro rata cost of equipment for monthly services (e.g., GPS units installed and used), unless otherwise determined by the Director as justifiably excused. Contractor shall notify City, either by phone or in writing immediately, when GPS unit(s) is not functioning and/or being serviced for deduction waiver. 10. Scheduling: 22 of 28 a. Hours of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7:00 a.m. to 4:30 p.m., Monday through Thursday, and 7:00 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee.
June 1, 2021, Item #5ATTACHMENT 1 b. Sweeping Schedule: The sweeping schedule shall be approved by City and coordinated to follow refuse collection days. The Contractor may be required to do early morning sweeping on certain major streets if approved by the Director of Public Works; however, NO sweeping of residential streets, or streets immediately adjacent to residential areas, shall be allowed prior to 7:00 a.m. or later than 4:30 p.m. c. Inclement Weather: The Director of Public Works, or designee, shall be the sole authority for canceling scheduled street sweeping due to inclement weather. Operator is required to be prepared to operate street sweeper unless notified by City or designee. During inclement weather, a two-hour standby period between 7:00 a.m. and 9:00 a.m. shall be observed before a scheduled residential or commercial sweep will be canceled. When inclement weather, in City's opinion, prevents adherence to the regular sweeping schedule for two or fewer days in a given week, the sweeping of areas so affected by the inclement weather shall be swept within the following one week period from the date of the scheduled sweeping, without interruption of the regular sweeping schedule. The Contractor shall perform all extra work required by such inclement weather without additional charge to City. d. Holiday Operations: There shall be no work on weekends or on the holidays of: Thanksgiving Day, Christmas Day (25th), and New Year's Day (1st). Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property. e. Additional Requests: In addition to the daily work required hereunder, the Director of Public Works, or the authorized designee may request additional sweeping services. The Contractor, as provider of sweeping services for City, shall be required to provide these street sweeping services. The Director of Public Works, or the Director's designee, shall request Special Sweeping with 48-hour notice. The 48-hour noticing requirement shall be exempt, should the Director or the Director's designee determine that the Special Sweeping is an emergency, and required for public health and safety. In cases of an emergency, Contractor is to provide service within two (2) hours of notification by City. 11. Complaints: The City shall receive and process citizen complaints. The City shall notify Contractor of corrections and any re-sweeps required following complaints by issuance of a work order. The City will verify complaints, and no challenge on the part of the Contractor of the work order shall be entertained. Copies of the citizen complaints shall be forwarded to Contractor upon request, and the frequency of such complaints will be noted in any subsequent unsatisfactory reports, which might be filed against Contractor. 23 of 28
June 1, 2021, Item #5ATTACHMENT 2 RO H s in writing und r th Bo m-$ 23.25 rs nd Fifty Cents w nty Thr e Dollars nd Tw nty ive Cents hr e D II s and Twenty Five Cents $ 26.50 $ 23.50 wenty Six Doll rs and Fifty Cents $ 23.2 $ 23.25 R ner tive ir: w nty Three Dollars nd Tw nty Five Cents vacuum: Tw nty hree Dollars and Twenty Five Cents ---·----Per 1,00 re foot P rkin L $_1_.o_s __ R nts tive Air: S v nty ive C nts V cuum: Sevent ive Cents Mini um Per Hr. Cost for peci I Sw eps (48-H Notice) $ 150.00 r m-Type: One Hundred and Fifty Dalla s $ 0.75 $ 135.00 R ner tive Air: One Hundred and Thirty Five Dollars Vacuum: One Hundred and Thirt Five Dollars 24 of 28 $ 0.75 $ 135.00 Annual To I $71,040.84 R neraliv A.Jr V cuu $ 155,658.75 $14,048.11
June 1, 2021, Item #525 of 28 ATTACHMENT 2 15 . 0 $135.00 $135.00 ndred and Fifty Dollars e undred and Thirty Five Dollars irty Rve Dalfars e nly. Sweeps required during other than reguJarsweeping tlaurs: shall be paid for and from the sweep site. plus actual sweeping time to the nearest one-half (1/2)
June 1, 2021, Item #5EXHIBIT "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 o/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) 26 of 28 (l)Notwithstanding subdivision ( c ), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
June 1, 2021, Item #5a 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: 27 of 28 (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.
June 1, 2021, Item #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). 28 of 28
June 1, 2021, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL June 1, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works tjx'< y Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or wwiley@poway.org Award of Agreement with Siemens Industry Inc. for Heating, Ventilation and Air Conditioning; RFP No. 21-020 A notice inviting Request for Proposals (RFP) for Heating, Ventilation and Air Conditioning (HVAC) services was duly advertised on March 11 and March 18, 2021. Two proposals were received and opened on April 20, 2021. Siemens Industry Inc. was determined to be responsive to the criteria of the proposal. The term of the agreement is two (2) years beginning on July 1, 2021, through June 30, 2023, and may be extended for up to three (3) additional one-year terms. Recommended Action: It is recommended that the City Council award the Agreement for HVAC Maintenance Services, RFP No. 21-020, to Siemens Industry Inc. and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway (City) contracts for HVAC preventative maintenance and repair services for 37 City buildings. The City requires periodic monthly, quarterly, semi-annual and annual services for many of these systems and related pieces of equipment including controllers, chillers, pumps, boilers, and air handlers. Like other building systems, HVAC preventive maintenance programs are necessary to keep systems operational and to protect building assets. This type of equipment maintenance service is recognized as a Best Management Practice (BMP) to maximize energy efficiency, ensure occupant comfort and minimize operational costs. The City's current HVAC vendor has provided service since July 2012 and the agreement expires on June 30, 2021. On March 11 and March 18, 2021, the City advertised an RFP for HVAC preventative maintenance and repair services. The RFP was publicly noticed in accordance with the City's Municipal Code, including being advertised on the City's website, local paper, and posted to eBidboard (the City's eProcurement 1 of 65
June 1, 2021, Item #6system). On April 20, 2021, the City received two proposals. Proposals were evaluated based on price, qualifications, previous experience, ability to be on-site within two hours of notification for emergency service calls, and compliance with City specifications. The recommended contractor is highlighted in bold in the table below. Table 1: Award Summary for HVAC Maintenance Services, RFP No. 21-020 Contractor Division I Division II Division Ill Total Cost Hourly Rates Total Cost Siemens Industry Inc. $133,699.85 $145-$178 $134,380.00 Pipetrade $620,069.04 $116. 73-$350 $1,504.80 The agreement's scope of work includes all costs to perform preventative (monthly, quarterly, bi-annual, and annual) maintenance of HVAC and package unit systems at 37 facilities throughout the City, represented by Division I above. Any repairs needed above and beyond the preventative maintenance work included in Division I is addressed on an as-neeeded basis, demonstrated by the hourly rates under Division II above. The City budgets approximately $62,000 per year for as-needed HVAC system repairs. Division Ill relates to HVAC system cleanings, inspection and testing of their hygienic condition. The costs noted in Division Ill is the total cost to perform the system cleanings, inspection and testing for all 37 facilities at one time. The City performs system cleanings, inspection and testing on each facility's HVAC system approximately every three years or on an as-needed basis. The costs for system cleanings, testing and inspections for each facility vary. As part of its HVAC maintenance program, the City budgets approximately $12,000 per year to perform this service. The proposal submitted by Pipetrade was determined to be non-responsive and consequently eliminated from further evaluation. Siemens Industry lnc.'s proposal was responsive and met the City's specifications. Additionally, staff reviewed the costs provided by Siemens Industry Inc. and found them to be reasonable. Siemens Industry Inc. is an industry leader in providing and maintaining building mechanical systems, including providing services to public agencies such as the County of San Diego and the San Diego Unified School District. In addition to having the required C-20 HVAC California State Contractor's License, Siemens Industry Inc. also possesses licenses for general engineering and building, and electrical which minimizes the need to bring in additional contractors for specialized repairs. Based on these criteria, Siemens Industry Inc. is recommended for award to provide HVAC preventative maintenance and repair services. The agreement's annual cost will be approximately $207,700, which includes $133,699.85 for the annual maintenance, $62,000 for as-needed repairs, and $12,000 for system cleanings. The length of the agreement is for two (2) years beginning July 1, 2021, through June 30, 2023, with an option to extend the agreement for three (3) separate one-year terms. Extensions are subject to City Council appropriation of funds and mutual agreement by both parties. The maximum length of the agreement would be up to five (5) years. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of65
June 1, 2021, Item #6Fiscal Impact: Funds are available in the Poway Center for Performing Arts (204020-43020), Library (206020-43020), and Facilities Maintenance (415010-43020) proposed Fiscal Year 2021-22 budget for HVAC maintenance services that will be considered by the City Council on June 15, 2021. Public Notification: None. Attachments: A. Agreement with Siemens Industry Inc. Reviewed/ Approved By: w~daserman Assistant City Manager 3 of65 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
June 1, 2021, Item #6City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Siemens Industry, Inc. (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform HVAC Maintenance Services in support of the Public Works Department; and WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 4 of GS ATTACHMENT A
June 1, 2021, Item #6failure 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. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this 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. 5 of65
June 1, 2021, Item #69. 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 disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 6 of GS (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: C8J 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. D 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
June 1, 2021, Item #6Economic 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. 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. 7 of65
June 1, 2021, Item #615. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (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. 8 of65
June 1, 2021, Item #6(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 9 of65
June 1, 2021, Item #620. 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. 10 of 65
June 1, 2021, Item #6Contractor 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) 11 of 65
June 1, 2021, Item #6IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:----------Chris Hazeltine, City Manager Date: ----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: Siemens Industry, Inc. By:-----------Al Sanchez, Account Executive Date: __________ _ By: ___________ _ Alan Fenstermacher, City Attorney 12 of 65
June 1, 2021, Item #6A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform as-needed HVAC maintenance services as required by City, further described in the Agreement which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on April 20, 2021, which is included in this document as Attachment 2. 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 July 1, 2021 and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2023. 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. 13 of 65
June 1, 2021, Item #6D. 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 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: $5,000,000 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." 14 of 65
June 1, 2021, Item #63. 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: 15 of 65 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 Siemens Industry Inc. 10100 Willow Creek Rd. San Diego, CA 92131 (Remainder of page intentionally left blank)
June 1, 2021, Item #61. 2. 3. 4. ATTACHMENT 1 SCOPE OF WORK Duties of Contractor: During the term of this Agreement, the selected contractor shall perform all work as described in the technical specifications and will be responsible for the following: a. Ensuring that all contractor employees are properly trained at no cost to the employees, prior to start of contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Providing uniforms including brightly colored traffic vests or reflector to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms. c. Developing personnel policies. d. Providing inspection procedures and periodic inspection of facilities. e. Conforming to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. f. Conforming to all other applicable Federal, State, and Local regulations. g. Maintaining Material Safety Data Sheets (MSDS) at facilities for contractor and City employee reference. h. Maintaining a chemical inventory list. Contractor Personnel: The City of Poway shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected contractor's employees and subcontractors is the sole responsibility of the selected contractor. Equal Employment Opportunity: The selected contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes -including, but not limited to: hiring, transfer, promotion, training, compensation and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap. Local Office: The selected contractor shall maintain a local office within the County of San Diego and shall have a competent representative available during the working hours of 7:00 a.m. to 4:00 p.m. to discuss matters pertaining to the contract and who can make authoritative decisions. At all times during the term of this contract, the contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency phone or cell phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required service. Failure to respond in such 16 of 65
June 1, 2021, Item #6ATTACHMENT 1 time shall result in a $200.00 penalty for each occurrence. The Contractor shall supply the City designee with names and telephone numbers of responsible persons representing the Contractor for emergency responses. This information shall be kept current at all times. Additionally, an email address or fax number shall be required to receive written notices and authorizations for emergency services. Changes shall be provided to the City in writing within twelve (12) hours of any such change. Failure to maintain this information in a current state may result in $200 penalties for each occurrence. 5. Performance of Work: Work described as being performed daily shall be performed between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. The City is closed on alternate Fridays. Exceptions may be made in mitigating circumstances and permission must be granted through the Director or the City representative. The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the selected contractor. It is of the utmost importance that the contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work. Contractor will perform all work in a timely and workmanlike manner, using only qualified maintenance technicians with a minimum of 5 years of experience with equipment and control types in contract, and will adhere to all code standards of the City of Poway, EPA and any other state and federal requirements. The contractor shall provide qualified technicians that can diagnose and repair the City's Control (JACE, Trane Tracker, TACNISTA and Viconics). 6. Keys: Keys to each building shall be furnished by the City to the winning bidder, who shall be responsible for unlocking mechanical rooms and admitting work crews. Broken keys shall be returned to the contract administrator and the contractor assessed a $15.00 replacement charge for each broken key. 7. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, will be rejected. 8. Warranty: All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material. 9. Monthly Contractor's Meetings: Meetings will be held at an agreed predetermined time the first week of each month between the City and the selected contractor. The purpose of these meeting is to discuss pertinent matters relating to the contract, review work performed in the previous month and work scheduled for the following month, provide the City with a Master task list for each piece of equipment serviced and maintained for each scheduled inspection. 17 of 65
June 1, 2021, Item #6ATTACHMENT 1 The contractor shall maintain written daily records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work related accidents, etc. These records shall be made available to the City upon request and must be maintained for not less than five years. 10. Invoices: The selected contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work related accidents, etc. These records shall be made available to the City upon request and must be maintained for not less than five (5) years. Monthly billings, pre-approved extra work invoices completed the month prior (Extra work will not be paid if the invoices are submitted beyond 90 days of work), and HVAC service schedules for work to be performed and work completed (daily records as noted above) are to be submitted during these meetings. Payment may be withheld until all adequate documentation is provided. Separate invoices shall be submitted for each of the following: □ Library D Performing Arts Center D All other City buildings All incidental costs, including allowances for profit, tools of the trade, and chemicals used, must be included in the contract rates. 11. Quality Control: The selected contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing daily supervision and conducting frequent inspections of the contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 12. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. 13. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs, replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs. 18 of 65
June 1, 2021, Item #6ATTACHMENT 1 PURPOSE AND TECHNICAL SPECIFICATIONS The purpose of this contract is to provide comprehensive HVAC Maintenance and control services for various City of Poway facilities. The City proposes to contract with a contractor that is proactive in their work standards and can meet the qualifications set forth in this proposal package. The successful company shall be familiar with and have the ability to provide routine maintenance of the City's HVAC control system. Division I -Specifications for Full Coverage HVAC Maintenance: Includes all costs to maintain and repair HVAC or mechanical systems to include the replacement of equipment if needed. The coverage includes the task list and any other task list deemed necessary by the City or the Contractor for the proper maintenance of the system. The coverage does not include repairs made due to acts of God, cleaning of the system, or repairs over $200 made to the ducting system or non-mechanical stationary equipment supports. 1. All repairs during normal working hours are included at no additional cost. 2. All repairs outside normal working hours are included at no additional cost. 3. Any additional costs to perform work or repairs by other companies are included. 4. All repair parts up to including all damper actuator motors and valves are included at no additional cost. All fittings shall be greased. 5. One inspection bi-monthly of each roof top, split system or package unit, air handler and chiller listed. Contractor to follow scope of service detailed in subsequent sections. 6. All units listed with this service plan will have service within one hour of trouble call and repaired with a four hour minimum. Service provider to stock adequate parts to ensure seamless operation. 7. All fan belts and drive belts on all listed equipment will be replaced a minimum of once per year. 8. Change and date air filters bi-monthly. The City requires 30-35% Efficient Pleated filters to be used in all HVAC systems. HEPA box filters are required at the Library. 9. Cleaning of all air-cooled condensers to improve system efficiency, included. Biannually in the spring and fall. . 10. Cleaning of all evaporator coils to improve system efficiency. Annual steam cleaning. 11. All compressors that require replacement or rebuilding are included at no additional cost, including refrigeration re-charging. 12. Provide an electronic detailed copy of service and/or repair performed on each unit after service and/or repair is performed. Include facility name and address and model and serial number of equipment and work performed, including monthly, quarterly, biannual and annual maintenance tasks. 13. It is the sole responsibility of the service provider to maintain the units at their highest efficiency at all times. 14. A phone number must be provided for 24/7 service and the same technician is preferred on all service repair calls, both regular and emergency service. 15. The Contractor is responsible to clean and keep neat all of the City's mechanical rooms. No storage permitted. All used filters and boxes must be removed. 16. If a device or portion of an HVAC system fails, all parts and labor are to be paid by the contractor. The contractor will only charge for parts and labor if a device has broken 19 of 65
June 1, 2021, Item #6ATTACHMENT 1 due to the misuse or breakage of a system by the City or another outside person or persons. All extra work will be quoted and agreed upon by the City Representative using the contracted labor rates. 20 of 65
June 1, 2021, Item #6ATTACHMENT 1 PRE-PACKAGED HVAC UNITS, WINDOW UNITS, HEAT PUMPS, AND SPLIT SYSTEM HVAC UNITS AIR-COOLED CONDENSERS MASTER TASK LIST Quarterly Inspections: 1. Check coils 2. Check for unusual noises and or vibrations 3. Check condition of belts and pulleys (if applicable) 4. Inspect bearings 5. Check oil level 6. Check and test all operating and safety controls and unit operation 7. Check auxiliary equipment operation 8. Check refrigerant and oil levels 9. Log all operating conditions after unit stabilizes Annual Inspections: 1. Clean coils 2. Replace belts and pulley 3. Check and record head pressure 4. Check and record suction pressure 5. Check and record compressor starting amp draw 6. Check and record compressor running amp draw 7. Run oil analysis 8. Grease and lube bearings 9. Clean exhaust fans 10. Check quick disconnect, fuses, blades, connections and wiring conditions. Repair and/or replace as needed Comments: 21 of 65
June 1, 2021, Item #6Quarterly Inspections: 1. Inspect for leaks AIR COOLED CONDENSERS MASTER TASK LIST 2. Lubricate fan bearings per manufacturer's recommendation 3. Straighten fins (as required) 4. Check crankcase heater 5. Inspect electrical connections, contactors, relays and controls 6. Check motor operating conditions 7. Check fan blades 8. Check vibration eliminators 9. Check oil and refrigerant filter drier (as required) ATTACHMENT 1 10. Check operation of thermostatic valve and adjust/replace as required 11. Inspect and repair ductwork as needed 12. Inspect and repair condensate pan and drains 13. Maintain condensate pans in a sanitary condition 14. Inspect unit sheet metal and maintain in a weathertight condition 15. Check operation of thermostat and replace as needed 16. Check operation of economizer if equipped and adjust as necessary Comments: 22 of 65
June 1, 2021, Item #6Bi-monthly Inspections: AIR HANDLERS MASTER TASK LIST 1. Check and clean fan assembly 2. Lubricate fan bearings per manufacturer's recommendation 3. Lubricate motor bearings per manufacturer's recommendation 4. Check belts and sheaves (adjust as required) 5. Tighten all nuts and bolts 6. Check motor mounts and vibration pads 7. Inspect electrical connections and contractors 8. Lubricate and adjust associated dampers and linkage 9. Check fan operation 10. Clean outside air intake (as required) ATTACHMENT 1 11. Check and clean drains and drain pans (as required). Maintain in sanitary condition 12. Check and clean strainers, steam traps, isolation valves and hand valves (as required) 13. Check heating and cooling coils (clean as required) 14. Check operation of chilled water valve(s) (if applicable). Repair and replace as needed 15. Check operation of hot water valve(s) (if applicable). Repair and replace as needed 16. Check operation of economizer, repair as required 17. Check operation of variable frequency drives and repair/replace as needed. 18. Check and seal duct work as required 19. Inspect unit sheet metal and maintain in a weather tight condition. Annual Inspections: 1. On hot water/chilled water systems flush out debris and clean screens 2. Record amp draw on motor 3. Check and calibrate sensor Comments: 23 of 65
June 1, 2021, Item #6Bi-Monthly Inspection: BOILER MASTER TASK LIST 1. Inspect fireside of boiler and record condition 2. Visually inspect boiler pressure vessel for leaks and record 3. Inspect safety devices 4. Check and exercise hand and relief valves and feed equipment 5. Inspect and clean the burner and combustion equipment 6. Check burner sequence of operation and combustion equipment 7. Check fuel piping for leaks and proper support 8. Inspect electrical connections, clean and tighten as required 9. Clean boiler area ATTACHMENT 1 10. Inspect controls and control sequence, calibrate and adjust as required 11. Inspect auxiliary control such as flow sensors and temperature sensors 12. Replace water filters and date as required Annual Inspection: 1. Perform all quarterly tasks listed above 2. Brush and vacuum soot/dirt from flues and combustion chamber 3. Check fuel supply 4. Check auxiliary equipment operation 5. Test and inspect burner, boiler and controls for proper operation 6. Perform combustion tests and adjust burner for maximum efficiency 7. Log all operating conditions 8. Verify G.P.M. flow through boiler, adjust manual and electronic controls as required to maintain minimum flow 9. Clean all dirt screen 10. Clean all coils of containments Comments: 24 of 65
June 1, 2021, Item #6Monthly Inspection: CENTRIFUGAL CHILLER MASTER TASK LIST 1. Check main starter and control panel, repair as required 2. Visually and electronically inspect for leaks, repair as required 3. Test oil annually, provide results to City 4. Lubricate inlet vane linkage 5. Check oil sump heater operation 6. Check pressure relief valve and expansion tank 7. Clean condenser tubes and coils (annually). 8. Inspect bearings ATTACHMENT 1 9. Log operating conditions on factory form bi-monthly (see sample form), with Factory Trained Technician logging operating conditions on the alternating month 10. Factory Trained Technician: Log operating conditions on factory from annually (see sample form). 11. Check auxiliary equipment operation 12. Check refrigerant and oil levels 13. Check and test all operating and safety controls 14. Check purge unit operation 15. Log all operating conditions 16. Check for vibrations per manufacturer's recommendations 17. Inspect and maintain computer control system Monthly Preventive Maintenance: 1. Review owner's log. Log all operating conditions 2. Inspect chiller and make adjustments (as required) 3. Review chiller operation 4. Bi-monthly inspections (6 times per year) of the chillers by McQuay factory seNice, to include a written report 5. Maintain all valves, pumps and motors including controls Comments: 25 of 65
June 1, 2021, Item #6Quarterly Inspections: 1. Check fan assembly SUPPLY AND EXHAUST FANS MASTER TASK LIST 2. Clean fan assembly as required 3. Lubricate motor bearings per manufacturer's recommendation 4. Check belts and sheaves (replace and adjust as required) 5. Tighten all nuts and bolts 6. Check motor mounts and vibration pads 7. Check motor operating conditions 8. Inspect electrical connections and tighten as necessary 9. Lubricate and adjust associated dampers and linkage 10. Check fan operation 11. Record fan amp draw Comments: 26 of 65 ATTACHMENT 1
June 1, 2021, Item #6ATTACHMENT 1 Division II -Specifications for Cleaning the HVAC Systems General Conditions 1. Supervision: All work shall be supervised by a foreman having thorough knowledge and experience in the cleaning of air-conditioning systems. The work shall be performed by experienced and qualified personnel in accordance with standards and guidelines as set by the National Air Duct Cleaners Association (NADCA) and Cal/OSHA. 2. National Air Duct Cleaners Association (NADCA): Contractor shall be a "Certified Member" in good standing with NADCA. 3. Contractor: Shall submit with their proposal a list of five (5) commercial or industrial HVAC systems rehabilitation and cleaning projects of similar type, size, and degree of difficulty completed within the last five years. Contractor shall provide name and phone number of contact person for each listed project. 4. Labor and materials: Contractor shall furnish all labor, materials, supplies, tools, equipment, supervision, transportation, and any other services or items necessary to accomplish the work. 5. Existing services: The existing heating, ventilating, and air-conditioning systems shall be maintained to all occupied areas during the normal working week. 6. Cleaning of premises: Contractor shall keep the job site clean of all surplus materials and debris. Contractor shall dispose of all debris and leave area broom clean at the end of each work shift. 7. Work can be done at hours convenient to the city so as not to interfere with existing operation, at no additional cost to city. General Specifications for Cleaning: 1. As necessary, furnishings, and equipment will be protected with plastic tarps where work is being performed. 2. Building occupants shall be asked to remove and store any breakable items from desks, shelves, or other surfaces in order to avoid damage arising from work performed by the Air Duct Cleaning Company. The contractor will notify all occupants 48 hours in advance of work. 3. Contractor will make every effort to prevent damage to or soiling of existing ceiling tiles that must be removed to provide access to duct work above a suspended ceiling. This is not always possible, and in such cases, the city's Representative will be notified of any damage and the Contractor will install the replacements at their expense. 4. Contractor is responsible to touch up any damages to painted surfaces on or around grilles and diffusers that are removed and cleaned. 27 of 65
June 1, 2021, Item #6ATTACHMENT 1 5. The cleaning process shall include a thorough visual inspection of the interior of the system. Upon completion of cleaning, every interior surface will have been cleaned to a point where it is visibly free of accumulated debris and dust. 6. The work while in progress will be subject to random unannounced inspections by a representative of the City. As many inspections may be performed as desired to confirm and ensure that the work is being done according to these specifications. 7. Any mechanical problems discovered during the course of cleaning will be reported in writing to the City's representative. 8. Once the cleaning project has been completed, representatives of the cleaning company and of the City will perform a Quality Assurance Inspection. This inspection will consist of a thorough inspection of the internal components of the air handler(s), plus a (number of) random inspection locations of the internal duct surfaces. The exact locations for these inspections will be determined by the owner's representative, if desired. This inspection will be documented with a "Duct Eye" video camera and/or 35 mm photographs, and the videotape and/or photographs will become the property of the city. Should any work not meet the standards of these specifications, then that item will be re-cleaned at no additional cost to the city. Additional inspections will also be performed as needed to verify internal cleanliness if areas are found that do not meet these standards. Cleaning of Air Handlers: 1. In the air handler and plenums, all interior surfaces shall be thoroughly brushed and vacuumed cleaned. 2. As practical, all non-porous surfaces shall be washed with a paint-safe mild detergent solution. 3. The interior coils will be coated with Nu-brite coil cleaner solution and then pressure washed from both sides using 500 to 1000 PSI. Cleaning shall be repeated until blockages are eliminated and rinse water appears clean. 4. The condensate pan shall be brushed and/or pressure washed clean of loose debris. Condensate drains shall be inspected and, if necessary, cleaned as possible. 5. The supply blowers and housings shall be scraped and wire brushed to remove any debris and cleaned with a mild, paint-safe detergent or degreaser and pressure washed. Precautions shall be taken to ensure no detergent or degreaser enters bearings. 6. The internal components of the air handler shall be sanitized using "Oxine," an EPA registered biocide. 7. Interior dampers, screens, filter racks, etc., shall be cleaned using a stiff-bristled brush and vacuuming; then washed with a paint-safe detergent solution and water. 28 of65
June 1, 2021, Item #6ATTACHMENT 1 8. In the air handler and plenums, replace all wet or severely deteriorated fiberglass liner with new insulation of like kind, or a double layer of Astro-Foil insulation, properly installed with pins and liner adhesive. 9. In the air handler and plenums repair all tears or rips in the surface of the salvageable fiberglass liner with adhesive, lagging cloth, etc. Thoroughly coat the surfaces of all remaining fiberglass liner with an anti-microbial coating, designed specifically for use in air movement systems. 10. All rusted areas inside the air handler shall be wire brushed and vacuumed clean of loose rust. 11. Brush and vacuum clean the outside air screens, louvers, and dampers. Cleaning of Ducts (every two years or as required): 1. All return and supply grilles, registers, and diffusers shall be removed, washed with a mild paint-safe detergent solution, and replaced. 2. Excess holes shall be cut into the rigid metal ducts as necessary to completely access the interior for cleaning and repair thereafter. 3. All flexible ducts shall be disconnected at joints, registers, etc., for cleaning. Longer duct lengths shall be cut at intervals to allow a thorough cleaning of the interior. 4. All interior surfaces of the supply and return air ducts shall be thoroughly brushed and vacuumed using HEPA filtered collection vacuums. 5. All interior dampers and turning vanes shall be thoroughly cleaned with a stiff-bristled brush and vacuuming. All manual dampers shall have their setting marked before cleaning and will be reset to original setting after cleaning. 6. In the supply and return ducts, repair any rips or tears in the surface of the fiberglass liner with adhesive, lagging cloth, etc. Coat the surface of all fiberglass liner with an anti-microbial coating, designed specifically for use in air movement systems. 7. All excess holes made in metal ducts shall be sealed with galvanized sheet metal panels of the same gauge as the ducts. Panels shall be installed using duct sealer and self-tapping screws placed a maximum of four inches apart around the entire perimeter. The panel shall overlap the access opening by at least one inch on all edges. Caulking shall be neat and continuous around the perimeter. All surfaces to be caulked shall be clean of any dirt, rust, etc., which would affect sealing. 8. Access panels installed in lined metal duct shall have a section of insulation attached with adhesive and/or pins that equal in depth and size the piece removed in accessing. All raw edges shall be sealed to prevent fiber liberation. 9. All flexible ducts shall be reconnected and sealed using sheet-metal screws and approved duct tape or nylon collar straps so as to be airtight. 29 of 65
June 1, 2021, Item #6ATTACHMENT 1 10. In the supply and return duct systems, inspect all ducts and duct joints for damage disconnections, and leaks. Report severe damage or damage beyond our scope of work to City's representative. 11. All areas in the HVAC systems showing signs of any microbial will be cleaned with industry standard anti-microbial coating approved by the City representative. 12. The cleaning project shall be guaranteed for a minimum of one year. 30 of 65
June 1, 2021, Item #6ATTACHMENT 1 Division Ill -Specifications for Inspection and Testing of Air-Conditioning Systems General Conditions: 1. All buildings belonging to the City of Poway -are to be inspected and tested on an annual basis. 2. The A/C systems serving City buildings -are to be inspected and tested on an annual basis. 3. Inspect and test to evaluate the hygiene of the A/C systems as required and provide the most economical recommendation for dealing with any deficiencies found. 4. The proposed investigation is not meant to be a comprehensive study of the constituents of the air. Instead, this is specifically and only addressed to the hygiene condition of the A/C systems, such as dirtiness, microbial contamination, insulation condition, etc. 5. To follow protocols of the EPA, NIOSH (National Institute for Occupational Safety and Health) and AIHA (American Industrial Hygiene Association) in performing investigations. Per these protocols, investigations lead to specific recommendations intended to improve the overall air quality by correcting departures from codes, standards, and accepted practices. An investigation will, if appropriate, recommend additional testing to be performed. Scope of Work: 1. Collect information on age of ventilation systems; HVAC control systems; history of problems with systems, remodels; any previous history of investigations. 2. Inspect A/C systems for unit identification, make, tonnage, type, and age; mode of operation, thermostat settings, timers; location of unit and area served; visible contamination in area of the unit or its outside air intake; design, installation and maintenance of condensate drain pan and line; filters location, type, fit, and condition; outside air intake presence, size screening, filtration, percentage, and cleanliness; any inaccessible portions of system; and barriers to maintenance. 3. For each accessible compartment of the air handling unit, plenums, and shafts, plus a random sampling of supply registers and return grilles, ducts, fire dampers, VAV and mixing boxes, and other system components, inspect the cleanliness, fiberglass condition, odors, visible microbial contamination, signs of water incursion, and condition of coils. 4. Take swab or tape slide samples from suspected active mold growth sites, plus from cooling coils, approximately 2 to 3 samples per unit. 5. Have samples examined by direct microscopy, by a qualified independent environmental microbiology laboratory. 6. Measure directly the outside air intake volume on the HVAC systems, at minimum 31 of 65
June 1, 2021, Item #6ATTACHMENT 1 damper settings if possible and note the conditions under which the outside air volume (e.g., economizer operation). 7. From the above information estimate the adequacy of the fresh air supply for the occupancy and size of the space served. 8. Photographically document observations. 9. Provide a full report including observations, lab reports, photographs, significance of findings and any appropriate recommendations, with guidance in any needed recommendations. Provide authoritative references for interpretations and recommendations. Report on anything of importance found in the course of the investigation even if outside the scope of the investigation. 10. Discuss the report with the client and answer questions as needed (by telephone conference). 32 of 65
June 1, 2021, Item #6ATTACHMENT 1 APPENDIX A (Part 3) CAL OSHA has issued rulings regarding annual inspections of HVAC systems. The following is an excerpt from California Code of Regulations, Labor Code, Title 8, paragraph 5142: TITLE 8 GENERAL INDUSTRY SAFETY ORDERS §5142 5142. Mechanically Driven Heating, Ventilating and Air Conditioning (HVAC) Systems to Provide Minimum Building Ventilation. (a) Operation: (1) The HVAC system shall be maintained and operated to provide at least the quantity of outdoor air required by the State Building Standards Code, Title 24, Part 2, California Administrative Code, in effect at the time the building permit was issued. (2) The HVAC system shall be operated continuously during working hours except: (A) during scheduled maintenance and emergency repairs; (8) during periods not exceeding a total of 90 hours per calendar year when a servicing electric utility by contractual arrangement requests its customers to decrease electrical power demand, or; (C ) during periods for which the employer can demonstrate that the quantity of outdoor air supplied by nonmechanical means meets the outdoor air supply required by (a) (1) of this section. The employer must have available a record of calculations and/or measurements substantiating that the required outdoor air supply rate is satisfied by infiltration and/or by a nonmechanical driven outdoor air supply system. (b) Inspection and Maintenance: (1) The HVAC system shall be inspected at least annually, and problems found during these inspections shall be corrected within a reasonable time. (2) Inspections and maintenance of the HVAC system shall be documented in writing. The employer shall record the name of the individual(s) inspecting and/or maintaining the system, the date of the inspection and/or maintenance, and the specific findings, and the specific and actions taken. The employer shall ensure that such records are retained for at least five years. (3) The employer shall make all records required by this section available for examination and copying, within 48 hours of a request, to any authorized representative of CAL OSHA (as defined in Section 3207), to any employee of any employer affected by this section, and to any designated representative of said employee of the employer affected by th is section. 33 of 65
June 1, 2021, Item #6ATTACHMENT 1 FACILITIES A map depicting the locations has been included within this section for reference. As note below, facilities to be maintained have been outlined under each location. 1. City Hall and Council Chambers 2. Fire Station I 3. Fire Station 11 4. Fire Station Ill 5. Community Park Auditorium 6. Community Park Pool 7. Community Park Pool pt Aid Building 8. Community Park Recreation Office 9. Community Park Crew Building 10. Community Park Mickey Cafagna Center 11. Performing Arts Center 12. Poway Public Library 13. Kumeyaay-lpai Interpretative Center 14. Old Poway Park Hamburger Factory and Museum 15. Old Poway Park Train Depot 16. Old Poway Park Train Barn 17. Old Poway Park Nelson House 18. Old Poway Park Porter House 19. Old Poway Park Templar's Hall 20. Aubrey Park Girls Softball trailer 21. Public Works Fleet Maintenance 22. Public Works Operations Center 23. Public Works Facility 24. Public Works Pump House 25. Public Works Ammonia Building 26. Public Works Camelback Pump Station 27. Public Works Administration 28. Water Treatment Administration 29. Water Treatment Filter Control 30. Water Treatment Chlorine/Chemical Feed 31. Lake Poway Entry Station 32. Lake Poway Community Services Administration 33. Lake Poway Parks and Landscape Shop 34. Lake Poway Pavilion 35. Lake Poway Concession 36. Material Handling Yard Offices and Storage 34 of 65
June 1, 2021, Item #6~ ATTACHMENT1
0 """ m ~
i.y,uun Facilities Map
~
!i
~
2
.QJ
Cl)
f
IX) ;z
"'
/ I
~~~~ LOM1c4 DR//
~~o. O;,. ~G' STONE CANYON RD It)', I
..J
0 /ff
o ~-" I
§ r~/
SAN DIEGO ~ ~
4.
12.
14. 5-10
-~
METATE LN
5,o~e.oR
~
3.
11.
TWIN PEAKS RD
0 15-21 0::
>-I-z :::,
~
:E 0 u
0 a::
13. ~
2. .:5 0
1. ~
37
KIRKHAM WY
This map is a user generated static output from an Internet mapping site and is for general
reference only. Data layers that appear on this map may or may not be accurate, current, or
otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION.
32-36
22-28
29-31
LAKERQWAY
POWAY
~~Q
GARDEN RO c,r,..~Q'i:.
I ~ S.D. COUNTY
/~
J_/ ---------, \
__ / (
L
[
I
J
Roads
Roads
Lakes
$
Legend
Scale: 1 :60,609
June 1, 2021, Item #6ATTACHMENT 1 HVAC Inventory As a part of the bid specifications, equipment inventory of the facilities to be maintained under this contract are included as a part of this Section. The building inventory and associated equipment shall be used for the bidding of the contract as specified for each facility. A CD with photographs of equipment will be given at the time of the mandatory pre-bid meeting. The HVAC inventory follows for the locations listed below: 1. City Hall 2. Mickey Cafagna Center 3. Swimming Pool 4. Community Park 5. Water Treatment 6. Public Works Operations 7. Performing Arts Center 8. Material Handling Yard 9. Library 10. Old Poway Park 11. Aubrey Park 12. Kumeyaay 13. Lake Poway Park 14. Fire Station 1 15. Fire Station 2 16. Fire Station 3 36 of 65
June 1, 2021, Item #6w ....
0 -ti en u,
LOCATION
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL COUNCIL
CITY HALL COUNCIL
DESCRIPTION
AIR COOL SCREW CHILLER
COMPUTER ROOM UNIT (CUl)
CONDENSER (CU2)
AIR HANDLER (AHl)
AIR HANDLER (AH2)
AIR HANDLER (AH3)
AIR HANDLER (AH4)
AIR HANDLER (AH5)
FAN COIL
EXHAUST FAN #1
EXHAUST FAN #2
EXHAUST FAN #4
EXHAUST FAN #5
EXHAUST FAN #7
EXHAUST FAN #8
EXHAUST FAN #9
EXHAUST FAN #10
EXHAUST FAN #11
EXHAUST FAN #12
EXHAUST FAN #14
EXHAUST FAN
EXHAUST FAN
EXHAUST FAN
WATER BOILER
BOILER PUMP
BOILER PUMP
CHILLER PUMP
CHILLER PUMP
SPLIT SYSTEM-NORTH
SPLIT SYSTEM-CENTER
MAKE MODEL
MCQUAY AGS160CH27-ER10
LIEBERT VH114A-AAES
LIEBERT MMD96E-AHEHO
MCQUAY RAH047CSY
MCQUAY RAH047CSY
MCQUAY RAH047CSY
MCQUAY RAH047CSY
MCQUAY RDS800CLY
DATA-AIRE DAAU-16
GREEN HECK 135ACE-B
GREEN HECK 135ACE-B
GREEN HECK 90C15DH
GREEN HECK 135ACE-B
GREEN HECK 135ACE-B
GREENHECK 80ACE-B
GREENHECK
GREENHECK
GREEN HECK
GREEN HECK
GREEN HECK
GREEN HECK SP-252
GREEN HECK SP-228
GREEN HECK G075
RAYPAK H9-1802
ARMSTRONG 3X15X13 4030
ARMSTRONG 3X15X13 4030
ARMSTRONG 4X3X115 4030
ARMSTRONG 4X3X115 4030
MITSUBISHI PUYA18NHA
MITSUBISHI PUYA30NHA
HVACINVENTORY
City Hall
SERIAL#
STN U070200021
445208-001
0333N81314
FB0U03070145602
FBOU03070144502
FB0U0307145702
FBOUO3070145902
FB0U030701444400 (2)5VX 450
2418093
2408093
4402603
2408093
24190903
24190903
308210918
C484091
C484090
C482782
C482781
68U01671D
67U00734D
LOCATION
MECHANICAL PAD
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
CITY HALL
COUNCILCHAMBERS
CITY HALL ROOFTOP
CITY HALL ROOFTOP
CITY HALL ROOFTOP
CITY HALL ROOFTOP
CITY HALL ROOFTOP
CITY HALL ROOFTOP
CITY HALL ROOFTOP
COUNCIL ROOFTOP
COUNCIL ROOFTOP
COUNCIL ROOFTOP
COUNCIL ROOFTOP
MECHANICAL PAD
MECHANICAL PAD
MECHANICAL PAD
MECHANICAL PAD
MECHANICAL PAD
CITY VEHICLE PARKING
CITY VEHICLE PARKING
ATTACHMENT 1
CONTROLS AGE LIFE EXPECTANCY FILTERS
TAC/Vista
Lonworks,
Xenta 1 YR 19 YRS
2) 20 X 24 X 4 2)
6 YRS 12-14 YRS 16 X 20 X 4
6 YRS 12-14 YRS 2) 20 X 25 X 4
21) 16 X 25 X 2
6 YRS 12-14 YRS 7) 16 X 20 X 4
21) 16 X 25 X 2
6 YRS 12-14 YRS 7) 16 X 20 X 4
21) 16 X 25 X 2
6 YRS 12-14 YRS 7) 16 X 20 X 4
21) 16 X 25 X 2
6 YRS 12-14 YRS 7) 16 X 20 X 4
21) 16 X 25 X 2
6 YRS 12-14 YRS 7) 16 X 20 X 4
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
6 YRS 12-14 YRS
1) 10 X 36 X 1
June 1, 2021, Item #6w 00
0 ....,
en IJ1
LOCATION
CITY HALL COUNCIL
CITY HALL RM.3052
CITY HALL
CITY HALL COUNCIL
CITY HALL
CITY HALL
CITYHALL
DESCRIPTION MAKE
SPLIT SYSTEM SOUTH MITSUBISHI
SPLIT SYSTEM E.0 .C. RM FUJITSU
INLINE FILTERS-5
INLINE FILTER
VALVES -24
BYPASS FILTER
BYPASS FILTER
MODEL
PUYA30NHA
A0U12CQ
HVACINVENTORY
City Hall
SERIAL#
65U05137C
BDN028967
ATTACHMENT 1
LOCATION CONTROLS AGE LIFE EXPECTANCY FILTERS
CITY VEHICLE PARKING
CITY HALL ROOFTOP
CITY HALL 1ST & 2ND FL
CITY HALL
MECHANICAL PAD
June 1, 2021, Item #6w \0
0
"""' en u,
DESCRIPTION
2.5 TON PACKAGE UNIT
HEAT PUMP PACKAGE UNIT
HEAT PUMP PACKAGE UNIT
5 TON PACKAGE UNIT GAS/ ELECTRIC
5 TON PKG HEAT PUMP
2 TON PKG HEAT PUMP
3 TON PACKAGE UNIT GAS/ ELECTRIC
5 TON PKG HEAT PUMP
3 TON PACKAGE UNIT GAS/ ELECTRIC
2.5 TON PACKAGE UNIT
2.5 TON PACKAGE UNIT
2.5 TON PACKAGE UNIT
5 TON PACKAGE UNIT GAS/ ELECTRIC
EXHAUST FAN FOR OVEN
KIT. HOOD MAKE UP
EXHAUST FAN-KITCHEN
EXHAUST FAN-FRONT
EXHAUST FAN KILN RM.
MAKE MODEL
CARRIER 48HLTO6O300
GOETTL HP605Jl-3
GOEHL HP605Jl-3
CARRIER 48SS060080531-AA
CARRIER 50YQ060310
CARRIER 50YQ024310
YORK DINA036N036
YORK B1HA060A25B
I.C.P. PGAD36D1H
GOETTL HP605Jl-3
AMANA P67221-9C
GOETLL HP605Jl-3
CARRIER 48SS-06000X531
GREENCHECK CUBE-160HP-10-G
ARES DE-1AA2E
GREENCHECK 3L180
GREENCHECK 4L180
GREENCHECK 2L180
HVACINVENTORY
Mickev Caf
SERIAL#
4789C22077
067226113
06226119
4895G80231
W419309
5414032
NAGM007204
NAHM004572
LO13972615
6226113
1C6505
6226119
4895G90
00G04950
A-3815
LOCATION
ROOF UNIT#1
ROOF TOP
ROOF TOP
ROOFTUNI #2
ROOF UNIT #3
ROOF UNIT #4
ROOF UNIT #5
ROOF UNIT #6
ROOF UNIT #7
ROOF UNIT #8
ROOF UNIT #9
ROOF UNIT #10
ROOF UNIT #13
ROOF TOP
ROOF TOP
ROOF TOP
ROOF TOP
ROOF TOP
ATTACHMENT 1
INSTALL
DATE AGE LIFE EXPECTANCY FILTERS
1985 20+ YRS 0YRS 1) 14 X 30 X 1
2007 1 YR 17-19 YRS 2) 16 X 20 X 1
2007 1 YR 17-19 YRS 2) 16 X 20 X 1
1996 12 YRS 6-8 YRS 1) 16 X 25 X 1
~1985 20+ YRS 0YRS 1) 16 X 30 X 1
~1985 20+ YRS 0YRS 1) 18 X 25 X 1
1997 11 YRS 7-9 YRS 1) 18 X 20 X 1
1997 11 YRS 7-9 YRS 2) 18 X 25 X 1
2001 7YRS 11-13 YRS 1) 16 X 20 X 1
2) 20 X 24 X 1
2) 16 X 20 X 1
2) 16 X 20 X 1
1996 12 YRS 6-8 YRS 2) 16 X 20 X 1
June 1, 2021, Item #6.i::i,.
0
0 "'ft
O'\ u,
DESCRIPTION
E.F. #1 WOMENS LR.
E.F. #2 WOMENS LR.
E.F. #3 WOMENS LR.
E.F. #4 WOMENS LR.
E.F. #5 WOMENS LR.
E.F. #6 LOBBY
E.F. #7 OFFICES
E.F. #8 MENS LR.
E.F. # 9 MENS LR.
E.F. #9 MENS LR.
E.F. #10 MENS LR.
E.F. #11 MENS LR
E.F. #12 MENS LR.
DUCTLESS SPLIT SYSTEM
MAKE MODEL
GREENCHECK
GREENCHECK
GREENCHECK
GREENCHECK
GREENCHECK
GREENCHECK
GREENCHECK
GREE NCH ECK
GREE NCH ECK
GREE NCH ECK
GREENCHECK
GREENCHECK
GREENCHECK
FUGITSU AOU12RQ
HVACINVENTORY
Swimming Pool
SERIAL#
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
LOCATION
BPN008405 1ST AID STATION ROOF
INSTALL DATE
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
ROOFTOP
2008
ATTACHMENT 1
LIFE
AGE EXPECTANCY FILTERS
2YEARS 18 YEARS 2) 24 X 24 X 1
June 1, 2021, Item #6~ ~
0 ....
O'I u,
DESCRIPTION
PACKAGE UNIT
DUCTLESS SPLIT SYSTEM
PACKAGE UNIT
E.F.#2 AUD. BATH ROMS
E.F.#3
E.F.#1 ADMIN. OFFICE
MAKE MODEL
CARRIER 48TJD024
FUGITSU AOU18RLQ
TRANE YCC036F3LOBD
DAYTON 4YC686
NOT IN SERVICE
NOT IN SERVICE
HVACINVENTORY
Community Park
SERIAL# LOCATION
3893F66791 ROOFTOP
GWN004283 CREW SHED ROOF
M1721L51H ROOFTOP
11547154 AUDITORIUM ROOF
AUDITORIUM ROOF
AUDITORIUM ROOF
INSTALL DATE
1991
2008
1997
2010
ATTACHMENT 1
AGE LIFE EXPECTANCY FILTERS
4) 20 X 20 X 2
17YRS 1-3 YRS 4) 16 X 20 X 2
11 YRS 9YRS 1) 20 X 25 X 1
June 1, 2021, Item #6~ N
0
"""' 0\ u,
SITE NAME
Water Treatment Plant
Water Treatment Plant
Water Control Room
Water Treatment Plant
Water Treatment Plant
Water Treatment Plant
DESCRIPTION MAKE
Package Unit# 1 with gas heat CARRIER
Package Unit# 2 with gas heat CARRIER
Package Unit# 3 CARRIER
Split System# 4 with gas heat CARRIER
Split System Fan Coil Fujitsu
EXHAUST FAN Cook Type
HVACINVENTORY
Water Treatment
MODEL SERIAL# LOCATION
48HJM004-541 4009610159 Roof Top Factory Curb
48HJE004-531 0896620501 Roof Top Factory Curb
5OHHQ005-601 1696621263 Roof Top Factory Curb
Furnace in Fire Riser Room on East side
of bldg., condensor pad mounted on
388A006540 4288601823 East side of Bldg.
AOU9CO BCN 0021 I.T. Room/ Roof
Main Building Roof
ATTACHMENT 1
INSTALL
DATE AGE LIFE EXPECTANCY FILTERS
New 2) 16 X 25 X 2
1996 12 YEARS 6-8 YEARS 2) 16 X 25 X 2
1996 12 YEARS 6-8 YEARS 2) 16 X 25 X 2
2) 20 X 24 X 1
1988 18 YEARS 0-2 YEARS 2) 20 X 25 X 1
New
June 1, 2021, Item #6~ w
0 -ti en u,
SITE NAME
Water Pump Room
Operations Admin. Bldg.
Operations Adm in. Bldg.
Operations Admin. Bldg.
Operations Admin. Bldg.
Operations Admin. Bldg.
Operations Admin. Bldg.
Operations Bldg.
Operations Bldg.
Operations Bldg.
Operations Bldg.
Operations Bldg.
Operations Bldg.
Operations Vehicle Storage
Fleet Maintenance
DESCRIPTION MAKE
Split System AC
Package Unit# 1 w/ Gas Heat YORK
Package Unit# 2 w/ Gas Heat YORK
Package Unit# 3 w/ Gas Heat YORK
Split System Carrier
Lavatory Exhaust Fans (2)
Exhaust Fan
Package Unit# 2 w/Gas Heat BDP
Package Unit# 1 w/ Gas Heat York
Exhaust Fan Cook Type
Exhaust fan Dayton
Ceiling Hung Heaters (not used)
Exhaust Fan
Package Unit w/ Gas Heat ArcoAire
DAY & NIGHT/
Split System/ Gas Heat Payne
MODEL
Cond:561CJ048-0
D6CG060N07925DKC
D6CG060N07925DKC
D6CG060N07925DKC
HVACINVENTORY
Public Works Operations
SERIAL# CONTROLS
Cond:005E06056
Jace/Viconic T-stats
NCFM031982 Jace/Viconic T-stats
NCFM031981 Jace/Viconic T-stats
Condensor: 38BRC018--310 Condensor:4605E27511
-F.C:F848NF918 F.C:1005A86538
581AEV060074AAAA 3794G20652
01NA036N05646C NKGM123534
PGF330060K01 G0817507517
Cond:PA10JA962-C Cond:1604E05416
ATTACHMENT 1
INSTALL LIFE
LOCATION DATE AGE EXPECTANCY FILTERS
Operations Yard, Pump Bldg.
1) 14 X 20 X 2
1) 16 X 20 X 2
Roof Top Factory Curb 1) 14 X 30 X 2
2) 14 X 20 X 2
Roof Top Factory Curb 1) 14 X 30 X 2
2) 14 X 20 X 2
Roof Top Factory Curb 1) 14 X 30 X 2
Ceiling/ RoofTop Pad 14 X 21 X 1
Mens/ Womens Lav.
HVAC Well thru wall
RoofTop 2) 16 X 25 X 2
RoofTop 20 X 20 X 2
RoofTop
West wall, thru wall
Meter Shop (equip. not used)
Women's Restroom
Roof top unit, 2.STons New 2) 16 X 25 X 1
Elec. Room/ Pad Mount 25 X 25 X 1
June 1, 2021, Item #6~ ~
0 .....
O'\ U'I
DESCRIPTION
TOWER
CHILLER
SPLIT SYSTEM (CU4/AH3)
AIR HANDLER (AHl)
AIR HANDLER (AH2)
AIR HANDLER (AH4)
AIR HANDLER (AH5) VAV
boxes 1 thru 8
AIR HANDLER
(AH6)/Condensing Unit
AIR HANDLER(AH7)
Fan Coil #6
FAN COIL #7/ Condensing
unit
FAN COIL#8
FAN COIL#5
FAN COIL#9
FAN COIL#4
FAN COIL#2
FAN COIL#l0
FAN COIL#3
FAN COIL#l
FAN COIL#13
Fan Coil #12
1st Floor Restrooms EF# 1
Dressing Room EF# 2
MAKE
BAC
MCQUAY
MCQUAY
MCQUAY (SNY.
GEN.)
MCQUAY
MCQUAY
MCQUAY
MCQUAY/
Arcoaire
MCQUAY
McQuay
MCQUAY/
Arcoaire
MCQUAY
MCQUAY
MCQUAY
MCQUAY
MCQUAY
MCQUAY
MCQUAY
MCQUAY
MCQUAY
MCQUAY
Green heck
Green heck
MODEL
15245W
PEH063
CU4: ALP027C AH3: PCC-10
RDS800BY
41J/ LYF141DH
RDS804BY
318 LSL137DH
CU: M4A33OAKC200
CU: M4A324AKA200
93605
92505
93605
9X2505
9X36X05
93605
92505
9X36X05
LB 14-4
LD-70-G
HVACINVENTORY
Performing Arts Center
SERIAL# LOCATION
97224811 Tower Enclosure, West Elev.
5UM0102300 Chiller Room West Elev.
CU4: 5ZB8505801 AH4:
3UL00681-06 Located on middle West Roof.
Fan Coil Rm. 1 on North Ext.
3UL00054-04 Elevation
3UL00680-06 Located on middle West Roof.
3UL00399-04 Mechanical Room on 2nd floor
3UK00421-04 Mechanical Room on 2nd floor
CU: E091009666 Lower west roof.
In Ceiling space at backstage
double doors.
Ceiling space in hallway
Ceiling Space outside
CU: E083105899 foundation office/ Rooftop
Ceiling space in hallway
Ceiling space in hallway
Ceiling space in hallway
Ceiling space in hallway
Ceiling space in hallway
Ceiling space in hallway
Ceiling space in hallway
Ceiling space in hallway
Ceiling space in hallway
A/V Room in Ceiling Space
Roof Mounted accessed from
2nd floor elec. Rm.
Roof Mounted accessed from
2nd floor elec. Rm.
ATTACHMENT 1
INSTALL LIFE
COMMENTS DATE AGE EXPECTANCY FILTERS
Tac controls 1997 11 YRS 4-5 YRS
Tac controls 1992 16 YRS 2-5 YRS
TAC controls, automatic switchover to 15) 16 X 25 X 2
CU4 when Chiller is unsche. 1992 16 YRS 2-4 YRS 5)16x20x2
19,000 CFM cooling only. TAC control 1992 16 YRS 2-4 YRS 24) 20 X 20 X 2
21) 16 X 25 X 2
14,000CFM, TAC controls 1992 16 YRS 2-4 YRS 7) 16 X 20 X 2
20) 20 X 20 X 2
17,320CFM, TAC controls 1992 16 YRS 2-4 YRS 4) 16x 20x 2
4) 20 X 25 X 2
6,350CFM, TAC controls 1992 16 YRS 2-4 YRS 4) 16 X 25 X 2
1,000CFM, TAC controls, automatic
switchover to separate condensing unit. 1992 16 YRS 2-4 YRS 2) 16 X 20 X 2
2,700CFM, TAC controls 1992 16 YRS 2-4 YRS 2) 20 X 25 X 2
300CFM, TAC controls 9 X 27 X 1/2
600CFM, TAC controls, automatic
switchover to CU when Chiller is unsche. 1992 16 YRS 2-4 YRS 10 X 42 X 1/2
600CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 42 X 1/2
300CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 27 X 1/2
600CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 36 X 1/2
300CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 25 X 1/2
600CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 36 X 1/2
600CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 42 X 1/2
600CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 25 X 1/2
600CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 36 X 1/2
300CFM, TAC controls 1992 16 YRS 2-4 YRS 9 X 25 X 1/2
600CFM, TAC controls 9 X 36 X 1/2
1200CFM, TAC Controls
150CFM, TAC Controls
June 1, 2021, Item #6~ U"I
0 -ti
0\ U"I
DESCRIPTION
Dressing Room EF# 3
Dressing Room EF# 4
Dressing Room EF# 5
Toilet EF# 6
Toilet EF# 7
Locker Room EF# 8
Restroom EF# 9
Restroom EF# 10
Restroom EF# 11
Restroom EF# 12
Restroom EF# 13
Supply Fan 1 (supply air for
fan coils)
Supply Fan 2 (supply air for
main electric room)
AH-5 Variable Air Volume
Boxes 1 thru 8 with reheat
coils
Front Office Condensing
Unit# 1
Front Office Condensing
Unit# 2
Front Office Condensing
Unit# 3
BOILER
PUMP CHILL WATER
PUMP HOT WATER
AC-1 Prepackage AC
MAKE MODEL
Green heck LD-70-G
Green heck LD-65_G
Green heck LD-65_G
Green heck LD-65_G
Green heck LD-60-E
Green heck LD-70-E
Green heck LB-10-4
Green heck LB-14-4
Green heck LB-14-4
Green heck LB-14-4
Green heck LB-10-4
Green heck RSF-10
Green heck CSP-15
Trane
Carrier 38QRO18C300
Carrier 38QRO18C300
Carrier 38QRO18C300
RITE BOILER
2.Smbh/hr. BTU
input 250WG
Armstrong 4030
Armstrong 4030
Carrier RHS120LOCAOAAA
HVACINVENTORY
Performing Arts Center
SERIAL# LOCATION
Roof Mounted accessed from
2nd floor elec. Rm.
Roof Mounted accessed from
2nd floor elec. Rm.
Roof Mounted accessed from
2nd floor elec. Rm .
Roof Mounted accessed from
2nd floor elec. Rm .
Roof Mounted
Roof Mounted
Roof Mounted accessed from
Upper Jan. Rm.
Roof Mounted accessed from
Upper Jan. Rm.
Roof Mounted accessed from
Upper Jan. Rm.
Roof Mounted accessed from
Upper Jan. Rm.
Roof Mounted accessed from
Upper Jan. Rm.
Roof Mounted accessed from
2nd floor elec. Rm.
In line Duct fan
Ceiling Space
Roof top, accessed from main
roof ladder.
Roof top, accessed from main
roof ladder.
Roof top, accessed from main
roof ladder.
8921647 Boiler Room/ West Elev.
150265 Boiler Room/ West Elev.
150267 Boiler Room/ West Elev.
South Roof accessed from 2nd
G101040658 floor electric room.
ATTACHMENT 1
INSTALL LIFE
COMMENTS DATE AGE EXPECTANCY FILTERS
150CFM, TAC Controls
lO0CFM, TAC Controls
lO0CFM, TAC Controls
l00CFM, TAC Controls
75CFM, TAC Controls
150CFM, TAC Controls
450CFM, TAC Controls
1100CFM, TAC Controls
lO00CFM, TAC Contois
950CFM, TAC Contois
450CFM, TAC Controls
1775CFM, TAC Controls
2050CFM, TAC Controls
Hot Water Valve, Motorized Air Damper,
TAC Controls
TAC Controls
TAC Controls
TAC Controls
TAC controls. With accessories,
expansion tank, mixing valve.
TAC controls
160 gpm, 5hp Dayton motor
TAC controls 4) 20 X 20 X 2
June 1, 2021, Item #6.s:i,. en
0 """ en U"I
DESCRIPTION
1-3 TON WAU UNIT
1-3 TON WALL UNIT
MAKE MODEL
WALL KING WY033KCRHB0S
SUNARL ACVSG241100
HVACINVENTORY
Material Handling Yard
SERIAL LOCATION
83HV01 CREW LOUNGE
A8901780 RECORDS STORAGE
ATTACHMENT 1
LIFE
INSTALL DATE AGE EXPECTANCY FILTERS
1) 16 X 30 X 2
1) 14 X 25 X 2
June 1, 2021, Item #6.,:.. .....
0 ....
0\ u,
DESCRIPTION
RTU#l
RTU #2
RTU #3
RTU #4
RTU #5
RTU#6
EXHAUST FAN
EXHAUST FAN
EXHAUST FAN
EXHAUST FAN
EXHAUST FAN
EXHAUST FAN
MAKE MODEL# SERIAL#
TRANE YCH151C4LFAA M42100696D
TRANE YCH181C4LFAA M41102754D
TRANE YCH181C4LFAA M41102755D
TRANE YCH086C4LFBE M42100546D
TRANE YCD049C4LFBE M42100525D
TRANE YCD121C4LFAA M42100665D
HVACINVENTORY
Lib
LOCATION CONTROLS
ROOF Trane Tracker
ROOF
ROOF
ROOF
ROOF
ROOF
ROOF
ROOF
ROOF
ROOF
ROOF
ROOF
INSTALL DATE
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
1997 11 YRS
ATTACHMENT 1
AGE LIFE EXPECTANCY FILTERS
2) 20 X 20 X 2
2) 20 X 25 X 2
2) 12 X 24 X 2
2) 24x 24 X 2
2) 24 X 24 X 12
7-9 YRS 2) 12 X 24 X 2
4) 24 X 24 X 2
4) 24x 24 X 12
7-9 YRS 8) 20 X 25 X 2
4) 24 X 24 X 2
4) 24X 24 X 12
7-9 YRS 8) 25 X 25 X 2
1) 20 X 25 X 2
1) 25 X 25 X 2
7-9 YRS 3) 16 X 25 X 2
1) 20 X 25 X 2
1) 25 X 25 X 2
7-9 YRS 3) 16 X 25 X 2
4) 20 X 25 X 2
7-9 YRS 2) 20 X 22 X 2
7-9 YRS
7-9 YRS
7-9 YRS
7-9 YRS
7-9 YRS
7-9 YRS
June 1, 2021, Item #6.,:a.
00
0 ....
0\ u,
SITE NAME
1-OLD POWAY PRK FAC
2-OLD POWAY PRK FAC
3-0LD POWAY PRK FAC
4-OLD POWAY PRK FAC
5-0LD POWAY PRK FAC
OLD POWAY PRK FAC TEMPLARS HALL
OLD POWAY PRK FAC TEMPLARS HALL
OLD POWAY PRK FAC NELSON HOUSE
OLD POWAY PRK FAC TRAIN DEPOT
OLD POWAY PRK FAC OFFICE 1
OLD POWAY PRK FAC OFFICE 2
OLD POWAY PRK FAC OFFICE 3
OLD POWAY PRK FAC OFFICE 4
OLD POWAY PRK FAC
OLD POWAY PRK FAC
OLD POWAY PRK FAC
OLD POWAY PRK TRAIN DEPOT
DESCRIPTION MAKE
5 TON PACKAGE UNIT GAS/ ELECTRIC RHEEM
2.5 TON ROOFTOP UNIT NEW CARRIER
2.5 TON ROOFTOP UNIT NEW CARRIER
3 TON PKG HEAT PUMP ARMSTRONG
5 TON PACKAGE UNIT GAS/ ELECTRIC RHEEM
5 TON SPLIT SYSTEM PAYNE
5 TON SPLIT SYSTEM CARRIER
3.5 TON SPLIT SYSTEM CARRIER
2.5 TON SPLIT SYSTEM TRANE
2.5 TON SPLIT SYSTEM RHEEM
2 TON PKG HEAT PUMP RHEEM
3 TON SPLIT SYSTEM RHEEM
2 TON PACKAGE UNIT RHEEM
EXHAUST FAN
EXHAUST FAN
EXHAUST FAN
SPLIT SYSTEM CARRIER
HVACINVENTORY
Old Poway Park
MODEL# SERIAL#
RKKAA060JK10 1X5642ADAAF4997
48XPN060115311 0308621216
48XPN060115311 N.A.
PHP10B36DA 1602H10052
RRGG10N60JKR AYA4502A
PH10JA060-B 1203E04357
38YCA060300 0294E02541
UNREADABLE
TWD7133100J2 E30295965
RPFC-048JAS 4398 M3790
RPND-024J 4554 F3891
RPND-036J 4511 F2991
NO ID. TAG
38QRR018-301 0509X91798
ATTACHMENT 1
LOCATION INSTALL DATE AGE LIFE EXPECTANCY Filters
ROOF 1998 lOYRS 8-10 YRS 2) 16 X 25 X 2
HAM. FAC ROOF 2-4 YRS 16-18 YRS 3) 12 X 24 X 1
HAM.FAC ROOF 2-4 YRS 16-18 YRS 3)12x24xl
ROOFTOP 2002 6 YRS 12-14 YRS 1) 20 X 30 X 1
ROOFTOP 1990 18 YRS 0-2 YRS 1) 20 X 30 X 1
WEST 2003 5 YRS 13-15 YRS 2) 12 X 20 X 1
EAST 1995 13 YRS 5-7 YRS 2) 12 X 20 X 1
~1995 13 YRS 5-7 YRS 1) 16 X 20 X 1
1) 20 X 25 X 1
1990 18 YRS 0-2 YRS 1) 12 X 24 X 1
1991 17 YRS 0-3 YRS 1) 16 X 20 X 1
1991 17 YRS 0-3 YRS 1) 16 X 20 X 1
ADMIN OFFICE WEST 1) 20 X 20 X 1
ROOF
ROOF
ROOF
TRAIN DEPOT Dec-09 1) 16 X 20 X 1
June 1, 2021, Item #6HVACINVENTORY
Aubrey Park
ATTACHMENT 1
~ DESCRIPTION MAKE MODEL# SERIAL# LOCATION INSTALL DATE AGE LIFE EXPECTANCY FILTERS
~ OUTSIDE WALL MOUNT BARD HA702A1SBPXXXJ 264F062191027-02 PARK CONCESSION 2002 1) 16 x 30 x 2 en u,
June 1, 2021, Item #6u,
0
0 ~
°' u,
DESCRIPTION
OUTSIDE WALL MOUNT
OUTSIDE WALL MOUNT
MAKE MODEL
BARD #1 WH361-A0SXX4XXX
BARD #2 WH361-A0SXX4XXX
HVACINVENTORY
Kumeyaay
SERIAL LOCATION
125P072445215-02 NORTH SIDE OF BLDG.
125P072445215-02 NORTH SIDE OF BLDG.
INSTALL DATE
2002
2002
ATTACHMENT 1
AGE LIFE EXPECTANCY FILTERS
1) 16 X 30 X 2
1) 16 X 30 X 2
June 1, 2021, Item #6U"I ..a.
0 -ft
O'\ U"I
SITE NAME
Lake Poway Entry Booth
Lake Poway Entry Booth
LP. Crew Maintenance
LP. Crew Maintenance
LP. Crew Maintenance
LP. Community Services
LP. Community Services
LP. Community Services
LP. Community Services
LP. Concessions
LP. Concessions
LP. Concessions
LP. Concessions
LP. Concessions
LP. Pavillion
DESCRIPTION MAKE
Wall Mounted HVAC Amana
Lavatory Exhaust fan
Window Mounted HVAC Fedders
Window Mounted HVAC Frigidaire
Wall Mounted HVAC Fedders
HEAT PUMP PACKAGE UNIT Bard
HEAT PUMP PACKAGE UNIT Bard
HEAT PUMP PACKAGE UNIT Bard
(2) Lavatory Exhaust fans
SPLIT SYSTEM HVAC RHEEM
Grease Hood M.A.U.
1-1/2 H.P. Grease Hood E.F.
(2) Lavatory Exhaust fans
Split System/ Heat Pump
HVACINVENTORY
Lake Poway Park
MODEL# SERIAL#
MH 361-A05XX4XXX 1250082488367-02
MH 361-A05XX4XXX 1250082488365-02
MH 361-A05XX4XXX 125A082448265-02
4394-M0590 6320
Fan Coil: FK40NF002
Condensor:25 H BR336A310 F.C: 3306A89595
LOCATION
Entry Booth
Ceiling Mounted
Trails Office
Landscape Lead Office
Crew Lounge
Exterior Wall Mounted
Exterior Wall Mounted
Exterior Wall Mounted
Ceiling Mounted
Ceiling/Pad Mount
Ceiling Space
Roof Top Curb
Restroom Ceiling Mounted
Ceiling/Pad Mount
ATTACHMENT 1
LIFE
INSTALL DATE AGE EXPECTANCY FILTERS
New
29 1/4 X 15 1/2 X 1
29 1/4 X 15 1/2 X 1
29 1/4 X 15 1/2 X 1
20 X 25 X 1
2007 18 X 24 X 2
June 1, 2021, Item #6U'I
N
0 """ 0\ U'I
DESCRIPTION
PACKAGE UNIT #1
PACKAGE UNIT #2
PACKAGE UNIT #3
PACKAGE UNIT #4
PACKAGE UNIT #5
PACKAGE UNIT #6
EXHAUST FAN
EXHAUST FAN
MAKE MODEL#
CARRIER 1P48NHT060-5BE
BDP 581APV060074AAA
CARRIER 581APV060074AAAA
CARRIER 48SB-0600805
BOP 581APV060074AAAA
BDP 589ANW024040ABBD
HVACINVENTORY
Fire Station 1
SERIAL# LOCATION
52094C64859 ROOF
3594620607 ROOF
2994G20762 ROOF
S3292C89928 ROOF
2994620769 ROOF
4094G10436 ROOF
INSTALL DATE
1994
1994
1994
1992
1994
1994
ATTACHMENT 1
AGE LIFE EXPECTANCY FILTERS
14 YEARS 4-6 YEARS 1) 25 X 25 X 1
14 YEARS 4-6 YEARS 2) 16 X 25 X 2
14 YEARS 4-6 YEARS 2) 16 X 25 X 2
16 YEARS 2-4 YEARS 1) 20 X 20 X 1
14 YEARS 4-6 YEARS 2) 16 X 25 X 2
14 YEARS 4-6 YEARS 1) 16 X 20 X 2
June 1, 2021, Item #6u, w
0 ~
CJ'\ u,
DESCRIPTION
Split System FURNACE #2/EVAP
Split System FURNACE #1/EVAP
CONDENSER #2
CONDENSER #1
Apparatus Bay Exhaust Fan
Restroom Exhaust Fan
Shower Exhaust Fan
MAKE MODEL# SERIAL#
Day & Night G B3AA V048095AF JA 4495A14274
Day & Night G B3AAV048095AFJA 4795A11073
BOP 563CNX042-A 3695E00373
BOP 563CNX042-A 3695E00450
HVACINVENTORY
Fire Station 2
LOCATION
In Ceiling Space accessed from attic ladder in Main Hall.
In Ceiling Space accessed from attic ladder in Main Hall.
On cone. Pad on South side of Bldg.
On cone. Pad on South side of Bldg.
Wall mounted on South side of bldg.
Ceiling Mounted in Restroom
Ceiling Mounted in Shower
INSTALL
DATE
1995
1995
1995
1995
ATTACHMENT 1
AGE LIFE EXPECTANCY FILTERS
13 YEARS 5-7 YEARS 16 X 20 X 1
13 YEARS 5-7 YEARS 16 X 20 X 1
13 YEARS 5-7 YEARS
13 YEARS 5-7 YEARS
June 1, 2021, Item #6u, .,::.
0
"""' °' u,
DESCRIPTION
SPLIT SYSTEM Heat Pump# 1/ Fan Coil# 1
SPLIT SYSTEM Heat Pump# 2/ Fan Coil# 2
SPLIT SYSTEM Heat Pump# 3/ Fan Coil# 3
SPLIT SYSTEM Heat Pump# 4/ Fan Coil# 4
SPLIT SYSTEM Heat Pump# 5/ Fan Coil# 5
Zone Dampers 1 thru 14
BD-1
Grill HD-1
Office Restroom E.F.# 1
Office Restroom E.F.# 2
Apparatus Restroom E.F.# 3
Battery Rm. E.F.# 4
Laundry E.F.# 5
Turnout E.F.# 6
Kitchen Hood E.F.# 7
Restroom E.F.# 8
Restroom E.F.# 9
Restroom E.F.# 10
Restroom E.F.# 11
Restroom E.F.# 12
Restroom E.F.# 13
MAKE MODEL#
CONDENSOR/AIRHANDLER
CARRIER 38QR048CS11
CONDENSOR/AIRHANDLER
CARRIER 38QR036521
CONDENSOR/AIRHANDLER
CARRIER 38ARQ008501
CONDENSOR/AIRHANDLER
CARRIER 38QR036CS21
CONDENSOR/ Al RHAN DLER
CARRIER 38QR060C511
Carrier
Carrier
Cook In Line
Cook Centrifugal
Cook Centrifugal
Cook Centrifugal GC-160
Cook Centrifugal GC-140
Cook Centrifugal GC-420
Cook Centrifugal GC-720
Cook Centrifugal GN-520
Cook Centrifugal GC-160
Cook Centrifugal GC-160
Cook Centrifugal GC-160
Cook Centrifugal GC-160
Cook Centrifugal GC-160
Cook Centrifugal GC-160
HVACINVENTORY
Fire Station 3
SERIAL# LOCATION
0904X81703/ Attic Space above Restrooms, pad on
0904X81701 South side of bldg.
Located in Ceiling Space East of Gym,
1704X86432 pad on South side of Bldg.
Ceiling Space in Hallway to Kitchen, Pad
2704620070 on South side of Bldg.
In ceiling Space above offices, Pad on
South side of bldg.
In Ceiling space above Classroom, pad
on South side of Bldg.
Located in ceiling space.
Located in Ceiling Space
Duct Mounted.
Ceiling Mounted
Ceiling Mounted
Ceiling Mounted in Restroom
Ceiling Mounted in Battery Rm.
Ceiling Mounted in Laundry
Mounted in Ceiling Space
Ceiling Space in Kitchen
Ceiling Mounted
Ceiling Mounted
Ceiling Mounted
Ceiling Mounted
Ceiling Mounted
Ceiling Mounted
ATTACHMENT 1
LIFE
INSTALL DATE AGE EXPECTANCY FILTERS
3520CFM 2004 4 YRS 14-16 YRS 4) 16 X 24 X 2
1200CFM 2004 4 YRS 14-16 YRS 20 X 20 X 1
2900CFM 2004 4 YRS 14-16 YRS 4) 16 X 24 X 2
1200CFM 2004 4 YRS 14-16 YRS 20 X 24 X 1
1920CFM 2004 4 YRS 14-16 YRS 22 X 20 X 1
Zone dampers controlled by
Carrier Zone Controller
Bypass Damper controlled by
Carrier Bypass Controller
2004 4 YRS 14-16 YRS
120CFM
120CFM
120CFM 2004 4 YRS 14-16 YRS
l00CFM 2004 4 YRS 14-16 YRS
260CFM 2004 4 YRS 14-16 YRS
600CFM 2004 4 YRS 14-16 YRS
330CFM 2004 4 YRS 14-16 YRS
170CFM 2004 4 YRS 14-16 YRS
170CFM 2004 4 YRS 14-16 YRS
170CFM 2004 4 YRS 14-16 YRS
170CFM 2004 4 YRS 14-16 YRS
170CFM 2004 4 YRS 14-16 YRS
170CFM 2004 4 YRS 14-16 YRS
June 1, 2021, Item #6VI VI
0 ....
en VI
DESCRIPTION
Janitor Room E.F.# 14
Attic E.F.# 15
Attic E.F.# 16
Workshop E.F.# 17
Attic E.F.# 18
Attic E.F.# 19
Compressor E.F.# 20
Electric Room E.F.# 21
Generator Room E.F.# 22
Unit Heater# 1
Unit Heater# 2
CO2 CONTROLELR
MAKE
Cook Centrifugal GN-160
Cook Centrifugal 225-SQN-B
Cook Centrifugal 225-SQN-B
Cook Centrifugal GC-720
Cook In-Line DB-15
Cook In Line DB-10
Cook In Line 70TCN-B
Cook Centrifugal GC-720
Cook In Line DBX-15
REZNOR UDAS-400
REZNOR UDAS-400
MODEL#
HVACINVENTORY
Fire Station 3
SERIAL# LOCATION
Ceiling Mounted
Attic Space in Apparatus Bay
Attic Space in Apparatus Bay
Ceiling Space above workshop
Ceiling Space in Media Room
Ceiling space above Classroom
Ceiling Space above Compressor Rm.
Ceiling Space above Elec. Rm.
In Duct above generator
Wall Mounted in Apparatus Bay
Wall Mounted in Apparatus Bay
170CFM
S000CFM, Need lift to access
S000CFM, Need lift to access
S00CFM
2000CFM
lO00CFM
240CFM
S0OCFM
3500CFM
ATTACHMENT 1
LIFE
INSTALL DATE AGE EXPECTANCY FILTERS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
2004 4 YRS 14-16 YRS
June 1, 2021, Item #6ATTACHMENT 2 BID ITEM: HVAC MAINTENANCE FEE PROPOSALS Note: Total proposal prices include service costs for entire fiscal year. PROPOSAL TABLE -DIVISION I HVAC EQUIPMENT REPAIR AND MAINTENANCE PROGRAM (SEE HVAC INVENTORY FOR NUMBER AND DESCRIPTION OF EQUIPMENT) FACILITY LOCATION SECTION A Full Coverage Costs ($) Includes all costs parts and labor for maintenance and repairs City Hall Facility 13325 Civic Center Drive $30,000.00 -Council Chambers 13325 Civic Center Drive $3,226.70 Fire Station #1 13050 Community Road $2 679.14 Fire Station #2 16912 Westling Court $1,173.15 Fire Station #3 14322 Pomerado Road $4,008.21 Community Park Auditorium 13094 Civic Center Drive $4,040.98 --Community Park Pool 13094 Civic Center Drive $1,000.00 Main Building Community Park 1st Aid Building 13094 Civic Center Drive, $500.00 1st Aid Build in~ Community Park Recreation 13094 Civic Center Drive $250.00 Office Community Park Crew Building 13094 Civic Center Drive $250.00 J Community Park Mickey Cafagna 13094 Civic Center Drive $24,535.00 Community Center Performing Arts Center 15498 Espola Road $32,862.87 Poway Public Library 13137 Poway Road $3,550.08 Water Conservation Building 13202 Poway Road N/A Kumeyaay Interpretative Center 13104 lpai Waaypuk Trail $763.00 Old Poway Park Hamburger 14134 Midland Road $988.00 Factory and Museum Old Poway Park Train Depot 14134 Midland Road $988.00 Old Poway Park Train Barn 14134 Midland Road $988.00 Old Poway Park Nelson House 14134 Midland Road $988.00 Old Poway Park Porter House 14134 Midland Road $988.00 Old Poway Park Templar's Hall 14134 Midland Road $988.00 57 of 65
June 1, 2021, Item #6ATTACHMENT 2 FACILITY LOCATION SECTION A Full Coverage Costs ($) Includes all costs parts and labor I for maintenance and reoairs Aubrey Park Girls' Softball 13540 Aubrey Street $1,113.68 Concession, Restroom Public Works Fleet Maintenance 14415 Lake Poway Road $1,113.69 Public Works Operations Center 14445 Lake Poway Road $1,113.69 Public Works Facility 14445 Lake Poway Road $1,113.69 Maintenance Shoo Public Works Pump House 14445 Lake Poway Road $1,113.69 Public Works Ammonia Building 14445 Lake Poway Road $1,113.69 Public Works Camelback Pump 14445 Lake Poway Road $1,113.69 Station Public Works Administration 14467 Lake Poway Road $1,113.69 Treatment Plant Administration 14521 Lake Poway Road $1 113 69 Bldq. Treatment Plant Filter 14521 Lake Poway Road $1,113.69 Control Bldq. Treatment Plant 14521 Lake Poway Road $1,113.69 Chlorine/Chemical Feed Bldg. Lake Poway Entry Station 14644 Lake Poway Road $1 113 69 Lake Poway Community Services 14644 Lake Poway Road $1,113.69 Administration Lake Poway Parks & Landscape 14644 Lake Poway Road $1,113.69 Shoo Lake Poway Pavilion 14644 Lake Poway Road $1,113.69 Lake Poway Concession 14644 Lake Poway Road $1,113.69 Crosthwaite Material Handling 12325 Crosthwaite Circle $1,113.69 Yard Record Storaqe/Lounqe GRAND TOTALS: $133,699.86 58 of 65
June 1, 2021, Item #6PROPOSAL TABLE -DIVISION II (HOURLY RATES) HOURLY REPAIR RATES NOTE: INCLUDE OVERHEAD MONDAY -FRIDAY (7:00 A.M. -6:00 P.M.) One Journeyman HVAC Techs, One 145.00/hr Vehicle $ Two Journeyman HVAC Techs, One Vehicle $ 145.00/hr McQuay Factory Service/City Hall $ 148.00/hr McQuay Factory Service/PCPA $ 148.00/hr 59 of 65 ATTACHMENT 2 AFTER HOURS (6:00 P.M. -7:00 A.M.), WEEKENDS & HOLIDAYS $ 178.00/hr $ 178.00/hr. $ Not aQQlicable $ Not a~~licable
June 1, 2021, Item #6PROPOSAL TABLE -DIVISION II HVAC SYSTEM CLEANING PROGRAM FACILITY LOCATION City Hall Facility 13325 Civic Center Drive Council Chambers 13325 Civic Center Drive Fire Station #1 13050 Community Road Fire Station #2 16912 Westling Court Fire Station #3 14322 Pomerado Road Community Park Auditorium 13094 Civic Center Drive Community Park Pool 13094 Civic Center Drive -Main Building Community Park 1st Aid Building 13094 Civic Center Drive -1st Aid Building Community Park Recreation 13094 Civic Center Drive Office Community Park Crew Building 13094 Civic Center Drive Community Park Mickey Cafagna 13094 Civic Center Drive Community Center Performing Arts Center 15498 Espola Road Poway Public Library 13137 Poway Road Water Conservation Building 13202 Poway Road Kumeyaay Interpretative Center 13104 lpai Waaypuk Trail Old Poway Park Hamburger 14134 Midland Road Factory and Museum Old Poway Park Train Depot 14134 Midland Road Old Poway Park Train Barn 14134 Midland Road Old Poway Park Nelson House 14134 Midland Road Old Poway Park Porter House 14134 Midland Road Old Poway Park T emplar's Hall 14134 Midland Road Aubrey Park Girls' Softball 13540 Aubrey Street Concession, Restroom Public Works Fleet Maintenance 14415 Lake Poway Road Public Works Operations Center 14445 Lake Poway Road Public Works Facility 14445 Lake Poway Road Maintenance Shop Public Works Pump House 14445 Lake Poway Road 60 of 65 ATTACHMENT 2 HVAC Equipment Cleaning $29 090.00 !, $4,554.00 $3,192.00 $1,640.00 $8, 158.00 $3,757.00 $2,245.00 $740.00 $598.00 $598.00 $8,020.00 $35 590.00 I $8,020.00 NIA $1,804.00 $3,614.00 $294.00 $287.00 $1,150.00 $1,930.00 $1 760 00 $1,130.00 $1 668.00 $3,080.00 $598.00 --$598.00
June 1, 2021, Item #6ATTACHMENT 2 FACILITY LOCATION HVAC Equipment Cleaning Public Works Ammonia Building 14445 Lake Poway Road $598.00 Public Works Camelback Pump 14445 Lake Poway Road $598.00 Station Public Works Administration 14467 Lake Poway Road $531.00 Treatment Plant Administration 14521 Lake Poway Road $3,105.00 Bldg. Treatment Plant Filer Control 14521 Lake Poway Road $447.00 Bldq. Treatment Plant 14521 Lake Poway Road $447.00 Chlorine/Chemical Feed Bldq. Lake Poway Entry Station 14644 Lake Poway Road $100.00 Lake Poway Community Services 14644 Lake Poway Road $1,680.00 Administration Lake Poway Parks & Landscape 14644 Lake Poway Road $100.00 Shop Lake Poway Pavilion 14644 Lake Poway Road $598.00 Lake Poway Con cession 14644 Lake Poway Road ~900.00 Crosthwaite Material Handling 12325 Crosthwaite Circle-$1,161.00 Yard Record Storage/Lounge GRAND TOTALS: I 37, ?:,t-( 0 . c:,(j 0.5217 Unit Square Foot Price (to be Grand total $ 137,340.00 263,206/= $ used for increases of decreases to contract scope). Total Price of Unit Square Foot Price written in words: One Hundred Thousand thirty seven thousand three hundred and forty dollars 61 of 65
June 1, 2021, Item #6ATTACHMENT 2 PROPOSAL TABLE -DIVISION Ill INSPECTIONS AND ENVIRONMENTAL TESTING OF AIR CQNOITIQNINJ; SYSTEMS Annual environmental inspection and testing of all City of Poway air conditioning systems 263,206 X $ .095745 Grand total $ 25,200.00 Building square feet Square foot cost Unit Square Foot Price used for increases of decreases to contract scope. Total Unit Square Foot Price written in words: twenty five thousand two hundred dollars 62 of 65
June 1, 2021, Item #6EXHIBIT "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) 63 of 65 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
June 1, 2021, Item #6a 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: 64 of 65 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
June 1, 2021, Item #6(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 II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 65 of 65
DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway June 1, 2021 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager W!t-Roger Morrison, Senior Management Analyst ~ (858) 668-4581 or rmorrison@poway.org CITY COUNCIL Approval of Agreement Between the City of Poway and TicketSearch North America LLC for Box Office Ticketing Software at the Poway Center for the Performing Arts The City of Poway offers box office services at the Poway Center for the Performing Arts (PCPA), which includes walk-up and internet ticket sales, patron management, accounting, and reporting. The City's previous ticketing services vendor, SeatAdvisor Inc., ceased operations in December 2020. A Request for Proposals was issued and five proposals were received. TicketSearch North America LLC was identified as the most qualified and cost-effective choice that meets the City's current needs and anticipated future requirements. The cost is $31,000 per year for three years. There are sufficient funds in the current operating budget to implement the terms of the agreement this fiscal year, and sufficient funds will be included in the budget requests for subsequent fiscal years. Recommended Action: It is recommended that the City Council approve a three-year Agreement with TicketSearch North America LLC at a price of $31,000/year and authorize the City Manager to execute all necessary documents associated with the Agreement. Discussion: The Poway Center for the Performing Arts (PCPA) was established in 1990 as a municipal and educational facility for the presentation of performing arts, educational programming, and the display of fine arts. Since the City offers box office services to rental clients, key functionalities for the ticketing software include the technological capabilities to accurately and efficiently print and track ticket sales, produce financial reports, and maintain patron records. In 2014, the City entered into a contract with SeatAdvisor Inc. to provide a ticketing system. In December 2020, SeatAdvisor Inc. ceased operations. The PCPA was already closed at that time due to the pandemic. As the City prepares to reopen the PCPA, a new ticketing system vendor is now needed. 1 of68 June 1, 2021, Item #7
The Community Services Department, along with the Information Technology Division of the Finance Department, developed and released a Request for Proposals for a ticketing system. Proposals were received from five (5) vendors. Staff evaluated and rated the proposals based on pricing structure and ticketing features. TicketSearch North America LLC was identified as the most qualified and cost-effective choice that meets the City's current needs and anticipated future requirements. The Agreement (Attachment A) includes pricing and terms for the software installation, support, and maintenance. The cost of the three-year Agreement is $31, 100/year for the issuance of up to 100,000 tickets per year, with a cost of $0.40/ticket thereafter (complementary tickets are free). Based on historical data showing use of approximately 92,000 tickets/year, the City is unlikely to exceed the allowance. As the system is able to utilize the City's existing equipment, there is no additional cost for equipment purchases, and TicketSearch is waiving the start-up costs such as setup of the seating map, training, and importation of customer data from the previous system. The annual cost of the ticketing system plus credit card processing fees payable to a separate entity is approximately $66,000. These ticketing costs are fully offset by revenue from ticket sales, which totaled approximately $130,000 in the last full year of operation (FY18-19). Partial offset of additional City costs such as staffing, maintenance, and other operating expenses occurs through ticketing fees, rental and staff services fees, and the joint-use contribution from the Poway Unified School District. Per City Council direction at the April 6, 2021 PCPA Workshop, the City will be completing a fee study that will analyze opportunities to increase the cost recovery of PCPA operations. Cost and revenue amounts may vary due to safe reopening of the theatre and any ongoing pandemic regulations. Sufficient funds are in the current operating budget to begin implementation this fiscal year, and staff will request sufficient funding in subsequent fiscal years for the cost of the agreement. The implementation schedule in the TicketSearch proposal should allow full implementation by mid-August at the latest. Shows at the PCPA are scheduled to resume in September. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: Sufficient funds are available in the Performing Arts Center -Other Fees account (204020-51130) to implement the Agreement. Public Notification: None. Attachment: A. Agreement Reviewed/ Approved By: ,J ~ we'!tZT Kaserma n Assistant City Manager 2 of68 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager June 1, 2021, Item #7
City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of June, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and TicketSearch North America LLC (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform Box Office Ticketing Services for the Poway Center for the Performing Arts; WHEREAS, Consultant is a ticketing services provider and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN 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 of68 ATTACHMENT A June 1, 2021, Item #7
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. and expense. 7. Consultant shall provide its own office space and clerical support at its sole cost 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. 4of68 June 1, 2021, Item #7
"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: C8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. 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. 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 of68 June 1, 2021, Item #7
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of68 June 1, 2021, Item #7
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. 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. 7 of68 June 1, 2021, Item #7
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 (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of68 June 1, 2021, Item #7
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 of68 June 1, 2021, Item #7
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: __________ _ ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 68 TicketSearch North America LLC By:------------Name, Title Date: ___________ _ June 1, 2021, Item #7
"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the ticketing services further described in the Scope of Services submitted with the proposal dated April 15, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with Option 2 of the Fee Proposals submitted with the proposal dated April 15, 2021, which is included in this document as Attachment 1. Fee is $31,000/year for the sale of up to 100,000 tickets, with overage billed yearly at a rate of $0.40/ticket and $0 for Complimentary Tickets. Other fee types are as noted in the proposal dated April 15, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. 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 June 1, 2021, and ending June 1, 2024, 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: 11 of 68 June 1, 2021, Item #7
(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. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 12 of 68 June 1, 2021, Item #7
To City: To Consultant: 13 of 68 City of Poway P.O. Box 789 Poway, CA 92074 Complete Name and Address June 1, 2021, Item #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) 14 of 68 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with June 1, 2021, Item #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: 15 of 68 (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. June 1, 2021, Item #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 11 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). 16 of 68 June 1, 2021, Item #7
ea c April 15th, 2021 City of Poway -Community Services Department Box Office Ticketing System RFP 21-021 13325 Civic Center Drive Poway, CA 92064 Email: rmorrison@poway.org Re: RFP for Box Office Ticketing System Attn: Roger Morrison Ticketing built your wa/s It is our pleasure to submit the attached Proposal for consideration by the City of Poway Community Services Department Respondent's Information: TicketSearch North America LLC 1706 Sarazen Pl, Naples, FL 34120 Tel. 1-888-483-8762 TicketSearch North America LLC is a partnership. Summary of Services: We are happy to submit this RFP for your consideration of the TicketSearch system. TicketSearch has been developed over the last 8 years with the creator boasting 13 years of experience in the ticketing industry, including as a franchisee of SABO, and has taken all of the feedback from customers over this time and developed a complete box office solution. TicketSearch is a one-stop shop for all of your needs in a ticketing system -as you will see we can cater to all of your requirements that you have outlined. TicketSearch is now live in USA, Canada, Mexico, Australia, New Zealand and parts of Asia with more to come. At present, TicketSearch has more than 400 venues that are live on the system globally. TicketSearch North America LLC With a full team based in The United States and Canada, TicketSearch North America LLC is focused on providing you with affordable, efficient, and powerful self-managed ticketing solutions with experienced customer support. 17 of 68 June 1, 2021, Item #7
TicketSea chT. Before ending its service, SeatAdvisor previously recommended that clients transfer to the TicketSearch system to continue to benefit from familiar support services while reaping the benefits of the new and exciting features that TicketSearch has to offer. All the familiar modules, with all the additional features you ever wanted! • Events • Merchandise & Add-ons • Gift Vouchers • Fundraising/Donations • Memberships • Subscriptions & Packages • Deals and Discounts Here's just a few of the exciting features TicketSearch has to offer. You asked. We listened: • The latest in COVID-safe technology, including SMART Social Distancing Seat Maps, efficient ticket holder information collection for contact tracing, and online event hosting capabilities through Zoom. • Build your own venues and Seat Maps, your way, with the ability to edit components of the map per performance/session. You can update your best available path, Seat Map and venue images, description and door templates. • Access TicketSearch from any of your devices, with a fully mobile responsive online experience, including the ability to pick your seats from your mobile device. • Enjoy an easy-to-use system when building events or completing sales with a clear direction and fewer steps (price structures are now just 2 steps). • Mailchimp integration. • Pixel Tracking (Facebook and Google AdWords). • Customers can enjoy SMS delivery of tickets and Apple Wallet compatibility. • Save money on traditional scanning equipment and use our very own TicketSearch Scanning app from your smart device with added manual check-in features and scan out. Compatible with Android and Apple devices and available in the Google Play and Apple App stores. • Have the ability to increase revenue with upsells and cross-sells. • Schedule and customize your own reports. • TicketSearch offers its very own built-in CRM system. Create your own database fields and manage tasks and customer relationships. • Waitlists. • See visual data from your dashboard by Tableau, a company owned by Salesforce. • Enjoy a huge range of customizable features. 18 of68 ~ 2 June 1, 2021, Item #7
TicketSea c ~, • Build subscriptions and packages how you like. Front end and back end are able to choose different seats per performance. • Memberships with an automated renewal process. • Connect TicketSearch directly to your existing banking setup. • Direct integration with Cybersource, Stripe, or Authorize.net payment gateways through the API function. With all of this in mind, we are confident that TicketSearch will meet the service requirements of the City of Poway. We have attached hereto our response for General Qualifications, Experience, Staffing, Price, Proposed Approach, and the Ticketing Software Response Sheet. We look forward to providing a product tour and answering any questions you may have. Best regards, Michael Smith President Main: 1-888-483-8762 Email: michael@ticketsearch.com 19 of68 ~ June 1, 2021, Item #7
TicketSea 1} Executive Summary The TicketSearch system is a web-based platform under active development and improvement. New functions, features, and improvements are constantly being developed and implemented. The system is uniquely expandable, and modular by design, leaving the user able to use portions or all of the modules offered. The system is regularly tested and maintained with the most current popular devices to provide users with an efficient, glitch-free experience. The system was developed using Google Chrome and Firefox browsers, but is fully compatible with Microsoft Edge, Opera, and OS X's Safari. Additionally, being developed from a mobile first standpoint, TicketSearch offers a streamlined experience for patrons on Android and iOS devices. As we are presenting the Enterprise version of the TicketSearch product, there are no higher versions of the software available. Fortunately, TicketSearch North America is confidently entering agreements as long as 5 years with many organizations, as we have no intention of sunsetting the platform in the future. Sal•• tiannel In use • .. I __ , General Qualifications of TicketSearch North America: TicketSearch has been developed over an 8-year period by TicketSearch PTY in Australia. The creator boasts 13 years experience in the ticketing industry, including as franchisee of SABO Australia/New Zealand/Asia, and has taken all of the feedback from customers over time and developed a complete box office solution. 20 of68 -J,, June 1, 2021, Item #7
TicketSearch North America LLC is majority owned by TicketSearch PTY and formed in September 2020 to provide the TicketSearch system to the US market. Our website is located at www.ticketsearch.com/na The TicketSearch group of companies has customers in USA, Canada, Mexico, Australia, New Zealand and parts of Asia with more than 400 venues that are live on the system globally. Support to the City of Poway will come from our Unites States based team in San Diego CA. We have a team trained in customer onboarding and support. We offer 24/7 support for events and critical issues. Gladys Paloma, Product Support Manager for the US is located in San Diego and will be your primary point of contact for implementation and support. Gladys previously worked for SeatAdvisor and Patron Technology as a Product Support Manager. Steve Garcia, COO has 20-years in the ticketing services industry. Steve's prior positions were GM of SeatAdvisor and VP Account Management at Patron Technology. In saying all of this, TicketSearch has been created from a need for a ticketing solution that is flexible, customizable and provides you with access to all levels of customer service within the company. TicketSearch North America LLC employs a team of highly skilled and experienced individuals in the industry and is qualified to provide services to the City of Poway. The Cube Wodooga --Online Tlcl<e Ing llo ( ·,-nt M b f'h1p C. II Vouch~,-, c;.,o • .,.. C -~ ,,., F• 1
.. 01. nc.-..co>• Touf lh Cub• Au,11! rum, • ?don<) 151 10H,710PM Eiihihilh◄ *Example of a customized online design 21 of 68 '1-, f h C Au I 01 1 , W ionq l C /l, ~ 1021 0 i"M E\iiiiUIMM June 1, 2021, Item #7
TicketSearc ·· • Hardware and Software • • As TicketSearch is a web-based platform, the system is developed to operate on all major devices, including Windows based desktops and laptops, Apple OS and iOS-based devices, Android tablets and smart phones. TicketSearch does not provide these devices, as they are easily accessible from most large electronics sellers. As stated in the RFP, the system, including the Scanning app, are updated regularly to maintain functionality with major device updates. Support and functionality are also maintained for previous device versions to a certain point. (ie. devices should be updated to maintain their own security, though TicketSearch will remain functional with previous releases. scanning and Printing Ticlc::e Search has a scanning opp which ca be dow loaded for FREE o any Apple or Android device for QR code sea ni g. From I e opp you have e abili y o scan ic e s ( his function is very fas), loo up customers. chec in and chec ou cus omers as well as manually chec in cus omers who may ave misplaced heir physical or email icke . The opp also shows you dashboards a islics . • -• • -· .& I -~---As per SABO, we have integrated wi h HTML pri ting wi h BOCA Thermal prin ers (200 and 300 DPI) if you choose to use hard ticke s. The licke layout process is similar who you may already be used to with SABO. For non-hermal printing, any desk op or workplace printer will be compatible. • Data Center and Security • Database T Logs backups are happening every 15 mins and full backups are happening every day. Database backups are stored on 53 location which is global storage and backups are available for last 20 days. • The data centre is staffed 24/7 to provide support in a timely fashion. • Downtime is scheduled during off-hours to prevent interruption to City and Staff operations. • The system operates secure data centres with SSAE-16 Accreditation • TicketSearch is fully PCI compliant (certificate available on request) 22 of 68 ,j,, June 1, 2021, Item #7
TicketSea c n • Reporting • The system has an abundance of reporting options, that allows the user to download and print custom reports on any information accessible in the system. • Using creatable Reporting Codes and Tags in conjunction with the various reporting options, a user can view, print and download virtually any required report from the system • All listed desired reports are available in the system. • Reports can be scheduled for auto-delivery at specific days/times • All reports exportable to Microsoft Excel as a .CSV file or can be printed and viewed directly in the system • Please see screenshot below for a list of Reports available in the system: Reports Morketing Reports Admi
nistrative/Ope,otions Reports ! (.J,, • ,·. & • € ,,) Finance Reporu Promoter Roports Modul• Reports • Online/Mobile Ticket Sales • TicketSearch is a comprehensive internet-based solution that allows tickets to be purchased online with a desktop or mobile device. • Using customizable Marketing Codes and Tags in the system, ticket sales attributable to social media can be tracked. • The TicketSearch system has full social media integration. Under the Marketing module, the Social Media option allows you to customize how you 23of68 ~ June 1, 2021, Item #7
TicketSea re ., • would like to use social media features. The system also offers other marketing features such as Pixel Tracking (which is used to track customer behavior and conversions through Facebook and Google advertisements) and Google Analytics. • Through the system, you can choose to activate social media or deactivate it, the unique feature being that you are also able to edit or adjust your social media features per event or product (merchandise, membership etc.) once it's been turned on. This is useful for various reasons, one of them being perhaps that you occasionally hold one-off private events which you would prefer weren't connected to social media sharing and likes while your other events are. Backend view: Social Media Online Facebook login example: Oon·t hav an account yet? fu:.giill.ul..Q_~ o. f Log m with Facobook * Access to visual reporting powered by Tableau Analytics. Using the API integration function TicketSearch has included a number of visual dashboards for analytical purposes. Reporting tables are built into the system, but Tableau allows users to see their data in various visual displays (charts/graphs). This is an additional fee and is not included in the Enterprise contract. 24 of 68 -J,, June 1, 2021, Item #7
TicketSea c Facebook • As shown in the next image, you will input your Facebook URL page which will be used for sharing and 'like' purposes. When you enable likes with Facebook, customers can like an event and/or product (merchandise, membership etc.) from your online purchase page and it will translate to likes on your Facebook page. • The flow is made simple and easy. With Share Settings, you can turn on the share function for the various social media platforms. This enables customers and your internal team to share your events and products on their social media to reach a wider audience. You have the option here to choose which platforms you would like to activate sharing to e.g. Facebook, Twitter, Linkedln, Messenger, WhatsApp and more. You can even choose the 'look and feel' of the buttons on your online page. They could be square or rounded, colored or greyscale. URL or o r orgon1s0 10 ·s F ce oo poge ps.1 • . oceboo .com. u l QC: t)OO 1.,1<. ,"0-, .J •~1•• h. ·.• OS Do ou wont o no I It l>? Share Settings Do ou w n to obi soc,ol Set c pr r soc;1ol e i ·~a f 0 f nt or Product? 25 of68 --1,, June 1, 2021, Item #7
TicketSea • The system gives users the ability to easily Upsell and Cross-sell related Events and Merchandise/Products YOU MIGHT LIKE THIS Other people who bought this item also bought these. YOU MIGHT LIKE THIS ALSO Check this out' 0°0 Oo Gloss of Wine • Online Sales: TicketSearch utilizes Angular 8, a leading and gold standard system that allows for dynamic refresh of pages for a more seamless sales experience for customers. Based on customer feedback from SABO clients and using an industry leading agency that works closely with Facebook, an easy 2 or 3 step sales process was created (depending on whether you link to your listings page or the event itself). All of the snapshots shown below have been built with TicketSearch. ((DONATE NO'I) ' , ~~et~rch .. ,! .... Group Ticke s Select the event Your S.ie<tion.t dt C•rtlfk te S:,tr1 I *Lower Homepage Snapshot 26 of 68 ,_j,,, *Group Tickets (ex. Purchase 10 or more tickets for a discount) June 1, 2021, Item #7
TicketSea • Clicking the 'Buy Tickets' button from the PCPA or Poway OnStage sites will take you to the fully customizable TicketSearch Sales portal below. Theatre Box Office Online Home Events Hamilton The Muslcal Bro "' v T <>o er, • Jon · 8 Moy 2021 fror-, $5.00-$20.00 Vouchers lluy Now Memberships Packages Deals Donations Peter and the Star Catcher Moulin Rogue Bruadwcy Th at r. Broo WCI 1h Jan -9 ✓.av 202 3 Jon -30 Moy 2021 iror, $5.00-$20.00 from SS.00-$20.00 luyNow • Images, headers, buttons, and colours above are customizable. Users have the ability to link directly to an event, product, or donation, as well as to the main Sales portal above. 27of68 -J,, COVID specific messaging can be implemented upon entering an event's page. TicketSearch also offers smart social distancing seat mops in a bid to offer the safest experience possible. Your organization can control the distance between customers by choosing how many seats the system blocks between individuals or parties. From the event's main page, you will find specific information on the event as well as the seat mop where customers can choose seats tor themselves or have the system find the best available for them. June 1, 2021, Item #7
TicketSea c " • In the Events main page, we've implemented a patron friendly method for time, date and seat selection. < ..Q.!Wl 28 of 68 '1, Hamilton The Musical Choose a Date View List April 2021 At what time? 0 2.' (0 :, G Select your Tickets Ar• you a member? Slgn..l.n for member pricing • Do you have a promo code? June 1, 2021, Item #7
TicketSe • Below is an example of a fully customizable Seat Map, with the Social Distancing function turned on. e Price Level Price Range II Pac> S 00 · 00 ~Cl.ti!LAU STAGE Map Key . '""'·' 8 U U'10VO ta r r. D D , l L; ' • From the Event's main page, it's an easy process to pick seats for a specific event and session. In addition to sophisticated Social Distancing function, the system includes a standard, 'Choose your seat(s)' function as well as a more unique 'Pick Seats for me' function. This means the system will use the BA (best available) path, created within the Venue layout, choose seats for a customer. • Once seats are chosen, Patrons can pick their ticket type (ie. Adult, child, senior) and add them to their cart. • If Upsells have been activated for an event, they will appear after you press 'Add to Cart'. • When creating Upsells, there is no limit to the amount that you can add. Additionally, there is a number of settings that can be applied, such as offering a discounted price, as a percent or dollar value, to entice pre-show purchase, as well as attaching a donation option for any number of campaigns you may have created. 29 of68 ~ June 1, 2021, Item #7
TicketSea re ~, • After choosing or skipping an Add-on, your patron is taken to their cart. Why not add a nibble while we entertain you or book a pre show dinner . ' . -~"11 • -·i J ~ • I I • • --~ I _c Cheese Boxes S~v pe 10 , Smoll Cheew Box ( perso G UTEN f EE) Lorge C •• Bo.x (2 -l p•rsonsl lor • C se 8011 (2-l p r oru TE_N FREE) DECO l Course Meal Pre S ow O nner (eveni"9 perlonnonce) 0 0 0 0 0 Cart Sub al· Sll.00 0. C.o To Checkout • • On the final order screen, patrons can continue as a guest or if information collection has been made mandatory in the system, they will be prompted to input their information. They will also be given the option to select from the delivery methods and payment options added to this event during creation. • The finalize order screen can also be used to setup donations, questionnaires, and cross-sells. • As with other Sales pages, this page is customizable as well (colours, images, buttons, etc.) 30of68 ~ June 1, 2021, Item #7
TicketSea c < ao Finalise Ord r I.Ill"-______ --------OTA· f Log "' •"" •oceooo11 $111 1. Customer Details 2. Select Tic et Dell11ery Method Make A Donation u O, u J , n ,, f'\Ce p Donations on the finalize order screen example: 31 of68 ~ Make A Donation Donate to assist with the programming of events and the theatre's day to day operations. Every little bit helps! •10 Al houg • < '10"0 ion IS '10 JU' roun " uoyo~,o,d S one Sy,,..pnony o,cn C oos.• o c.u, om donot Of'\ omounr S lee: ,a,md-up!p rcentoge ot car 0 our,d• D o .,, "' • Sl flo io ~OJ 0 l of •n• ul con ,,.,o,,,: (To:o SO oll Ac r,owled emen om• I oui I~• my ono ,on to re 01n noo'f ous nee S,C. COl'T'e O C1 CHCUS OIi Of lorg Wtll o,,, 1 us •o • , 100 s ,o 00 $JO.SO 0 June 1, 2021, Item #7
TicketSea c r, • When seats have been sold, depending on the parameters the user has set (in this case 2 seats), if Social Distancing has been turned ON, the seats beside the sold seats will also show as sold on the front end. On the back end however, they will appear marked with the letters 'SD' for Social Distancing. The number of seats allowed for Social Distancing can be adjusted to as many as the user desires. STAGE A A A A A A B B B B B B C C C C D D D D D D ffi @ E •••••• E E • E E . ..... E F •••••• F F • F F •••••• F 00 G ...... G G G G • ••••• G Bi H •••••• H H H H • ••••• H K K K K K K ffi L L L L L L @ M M M M N N N N SOUND 32of68 ~ June 1, 2021, Item #7
TicketSea c · • Below is what the patron will see on the front end. The four seats appear unavailable to them, while from the back end, venue staff are able to see that the seats have been socially distanced. STAGE /1 /1 A r, /\ B 8 B 8 B 8 C C C D 0 D D 0 ( ' ' l E 0 G a; H H H H H K K K K K K -:--. 3 ' M M M M N N N N • On the final order screen, customer information can be collected. Any information can be made to be mandatory. The collection of this information is available for use in Reports, as well as available under the Patrons & Transaction section. • A patron card contains all information for a customer account, including how much a particular patron has spent on events, donations, merchandise, etc. 33of68 ~ June 1, 2021, Item #7
TicketSearch" Edit Patron Send ~•.u.Po~ E oil Patron Statistics 07 Dec 2020 Oo ,(J' . •I• ·I• $6,899.00 $5,641.00 '/Oflr: Cor,fn~, Emo Ill II AddreH · $65.00 U liED ~T,:,TES. Addreu l r. l ' 2115 *Customer Account (Contact Card) -Easily lookup and review all identifying information collected on a patron. The system prevents duplicate contacts being created, and notifies a patron on the front end that an account already exist (with that email address). • Want to sell Group Tickets? The Deals & Discount Module is perfect for that. Offer a discount to patrons who purchase (x) number of tickets at one time. Deals & Discounts G 0 c,eote New Deot,, 011count1 Act. Ac'°"' 0 )or, 10J1_ JO SO A~ td t Cl I 34of68 ~ June 1, 2021, Item #7
TicketSea c • Selling subscriptions or season ticket packages? The Subscription & Packages Module has the tools required. Manage Subscriptions & Packages lo~t od fieo • Offer Memberships where upon expiry, an auto-renew notification appears. Manage Memberships ~) Ac· 'f P"'~o.~~ Ac:-·.,e!.= • D ~, • ',p, 35 of 68 ,J,, 0 /,.,,t JO'}) io·t~ .4"! ~ .. "•O 1!Jli (. 21 :1M .is~ io:c (lt,•c:,,-,: iO M-,· ._:;i; 10 0,V"', I "lOry old A ·ooo Fo• I A t,o,.. Ii'.) I ~ I June 1, 2021, Item #7
TicketSea c *Below image is an example from the Help Wizard when searching for Membership Renewals. Step 2: Set Membership Pricing Set Pricing & Expiry: When is your membership available for purchase? Set when your membership is available for purchase from (on-sale). The system automatically assumes current date/time. Simply select the date and time from the controller to override the default setting. Once purchased. when is your membership vaLid until? Select from one of the options for membership expiry. X number of days from date of purchase: Enter number of days: Enter the number of days from purchase date i.e. 365 days for a 1-year expiry. Enter number of days for renewal period start: This allows you to enter a number of days before the membership expires where the 'Renew Now' button will appear online in the customer's account area or via the box office back end application under 'Customers & Transactions', in the customer record under the 'Memberships' tab. Backend box off ice view: Online customer account: Merrbersh1p R ne·,,al dote 2021 Membership #111 10 Mor 2010 10 May 2020 28560 Enter number days (Grace Period) before member status will lapse? This 36 of 68 ~ June 1, 2021, Item #7
TicketSea • Have the need for Waitlists? Add patrons to a waitlist for a sold-out performance in the Events Module Waitlist A waitlist is when an event/activity is sold out and those customers who didn't receive a ticket can be added to the waitlist. If/when vacancies become available, you will be able to generate a list via the module (i.e. events) and contact these customers. This area allows you to create different waitlist templates to account for the different requirements you may have for a waitlist. For example, different messages per waitlist and different capacities of customers that can join that waitlist. Tip: When creating an event/activity or other modules that you have access to, you will be able to assign the relevant waitlist template. • Searching waitlists -Simply enter the term you want to search for, select from Active, Inactive or All, and click "SEARCH". Please remember to click "CLEAR FILTERS" to see your full list a~er a search. • Click the active switch to turn your waitlist on or off-Any customers that are in a current waitlist will be affected and unavailable to view. • Click the Edit button, to edit a waitlist-If you do edit a waitlist code, all existing events/merchandise that have the waitlist associated will have the messages etc. updated. • Click the bin icon to delete a waitlist -You can only delete waitlists that have no customers assigned to them. • Creating a new waitlist -Click the "New Waitlist Template" button at the bottom of the page, then fill out the details on the page and click "Save". *Above image from the Help Wizard. 37of68 ~ June 1, 2021, Item #7
Ticket Sea • Need to be able to offer multiple delivery methods or different delivery methods on an event-by-event basis? Global Delivery Methods : OCtOU ... Nof'l"tc T pc 0 0 ,,,, 0 COf'll ,,.. 1 o t.M01! 01 y of,,, , or e, ,o ,o,~, Hov·s, O on1., l"IOm,"'loted e o:I M, 1 e.o•o,e 0 C Lee• fO~J! · ,Cl O::I. •e-m f\Q.e o e 01-n:eo 'rOVf t cMn·s-n s "<IV b en t,,,,ed co., s HOll
fl. 0 Mr ~•t r OD ~• S HOIJ1' 0 M f' A'ter ,,och •o you, 0 Doy,. O POf ~o y ur ~1 rs •ore ICOr.r,n.g Yc,,.;r t 'Ck.0\!',1 C wdt b4t pr nt~-d o o" .lo 'o· OI "C' "'lr. n· ·o y 0 001 ·" ou·s. O 0 Do,-,1.1 Houis. O f"-1 ,.i ('1•01tt /Doy,.O !-:O1.u 0 ·-;..; .,/ * Above image is from the main system settings. Here you will be able to select which Global Delivery Methods to have access to. Within Event creation, specific delivery methods can be select. Some additional insight into Mobile phone deliveries • In an effort to offer features to aid in Social Distancing, The TicketSearch system has to ability to deliver tickets via SMS text message. • Having a patron present their smartphone with a barcode or QR code, that can be scanned with the TicketSearch Scanning app helps aid in touchless ticketing and protects employees and patrons alike. 38of68 ~ A ton Edt 0 Eo• 0 EI 0 Edt 0 tc, @ (Ol 0 June 1, 2021, Item #7
TicketSea re *Below is an example of the Scanning options. Scanning \r'•/d! you be Scanning tickets/items? -The following barcode options are available. By default, QR Barcodes have been assigned automatically Stondard Borcode ~I Srondord Bo,cooes ore Orie d1mens1onol borcode~ 1 ystemoticolly represent da;:o by voryi g the 1,-.,,idths ond pocings of paroliel iines • u QP. Bo,code [!]~[!] QR Borcode~_ ore ~•:10 dime~sionol borcocies systemoticolly ~~--~ represent doto usmg two-d,rnens,onol yrnbols and shapes ~~ ... '1) I!]' ~--To find out more information on how to scan, how to set up scanning and the TicketSearch scanning app please go to the 'Sales' menu > Scanning. • Mobile Ticket Sales Mobile Device Sales: The online sales experience was built for mobile compatibility first so there is no functionality lost between online desktop and mobiles sales. Customers now have the ability to select their seats online via their mobile device. TicketSearch is also 100% mobile responsive so all fields fit correctly on the page. Example of mobile device sales process: AA i 'ldaberg sales.hcketsearch com e emerge 2020 Exhibition < CJ rn IQ 39of68 ,,1,, < ..ladl Buy Tickets From $0.00 emerge 2020 Exhibition Opening Choose a Date v,ew Calendar View Lht ( October 2020 ) -fw\. ~how order summary ) Q II e Le I: 00:14:lO S0.00 Already a customer? ) Sign in for express checkout < t.!U ~Lt'-'U..l'.l'.12.!.d. .. Q .. L ~ .l.l..EJ:Lilw.slliLlli:' Log In Don·, hove on occoun ye ~ Re91s1er now f Log in with Facebook rn June 1, 2021, Item #7
TicketSea AA i 1daberg.sales.hcketsearch.com C Choose My Own Seats Select your Tickets for Fri 13 Nov 2020, 07:30 PM < for member Moncrieff Entertainment Centre Are you a member? pric ng C',c 'Tl -c:; :::)• c:.: [I) Moncrieff Entertainment Centre lS SELECT YOUR TICKET TYPE (_Tid•t_ $44~~.0 Choos My Ow Seats • Do you hove o promo code? > Aduh $28.00 0 Child 13 0 d $18.00 0 Fomdy 5 (2 Adul s ·• $90.00 0 3 Ch,I ren) Adul $2,8.00 0 Child IS 01 ond $18.00 0 + G We've also built an entire process for customers to be able to self-administer all of the functionalities of your online ticketing service. This is for any customer who wants to sign in with their details and helps take load off of the box office. From their account, customers can access their tickets. events, make donations, access memberships and their gift vouchers and see any benefits or deals available. Example of a customer account: My Details HI Dennis .:. Get ready! you next event is in 27 day(s) Orders 1 MRI 0 NOV 2020 Joe Venue 1 ■@Ii 25 NOV 2020 40of68 ~ June 1, 2021, Item #7
TicketSearc Tl • American Disabilities Act {ADA} Compliance o The TicketSearch system is ADA compliant and has the functionality built-in to meet Section 508 subsection 1194.22 of the Rehabilitation Act. • Box Office Sales • The front end shopping cart has previously been shown. Box Office staff working in the back end will experience the same ease of use. • Once an event has been added to the cart, the same upsells will be presented. • In addition, staff will be presented with options to ask for donations, preferred delivery method, and of course preferred method of payment. *Below is a view of the back end shopping cart with 2 events added and the various options for delivery method displayed. Finalise Order CIIICAOO Tl!l MUSICAl • MON '19 APfl %0%1, 07',00 PM ......_ ....... 41 of 68 ~ 00 ( Continu• Shopping ) CLICK r A00A()Oll1 '•AL flC(ln.. Clicktoselecl erocket,S0OO Mobile Phone ·$ 0. 95 S lect Delivery Method: ,r11ox0fficeco1ec1.so.oo ~-~-~-----~~--·· ~ ---· ~-~---000 JOO;I X Select Delivery Method: Bo, one c,,: ct sooo CLICK HERE TO ADD A DONATION TO THIS ORDER Tot.al: 60.00 June 1, 2021, Item #7
TicketSea c ,s • Staff will also be given the option to attach a patron to a sale with the quick patron look-up option. • Additional options include the ability to opt-in to marketing emails, letter mail, and SMS Patron Details v Payment Details Mod1etin9 Code Patron Mame Search ,1 • A.Jd Q. Search $60.00 I~ soo ,. .. I (t g• Contact Numb•r,,: Email Addreu: lillin9 Add,en· To9a:: N4. $c"I D .... 0 /1 UNIT O STAT[ ~no J Marketing Opt-Ins 01oon ot or Mo,~•r1"g Op' r, • Refunds, Exchanges and Transfers can be completed through Patron look up. • These options can be limited to users in Admin and Sales roles. at C.,r~ ·.,•'t.:•ct A ~e•e-c1 oh i'"""'"'i• f (,t-••~ o o,.-f th•~ o, : •r,1 :f'p,mt. orOCf><; (.I 1P.•..J~ , -,,c,hor.o iroo vi ,o· 1te,, • cl.,,11, Hamilton The Mu,icol • Fri 16 Apr 2021. 07:00 PM :c21c l }(,t.S.:...llll '0,{(,' U •:,:or "d ·,-l!()I
. 1 3 l .:.',.:...
l 3 i•:• ~-t-....., · ,c:r"•d 42of68 ~ eo Info... •.)r . .J Po-, 1COO 1O0J SJOO $60.00 r, ..,..o '10 Stotu June 1, 2021, Item #7
TicketSearc 1 • Consignment Sales can easily be conducted in the system. • In Payment Methods, simply add a new payment method called 'Consignment'. • When finalizing the sale, select 'Consignment' as the payment method. • Though the ticket will have the value printed on it (as decided in the Ticket Layout Module), it can have a value of $0 attached to it. • As expected, unsold tickets can be returned to the box office for walk-up sales. • Complimentary Tickets are handled in the same manner as Consignment tickets. • The major difference with comp tickets is that in the Ticket Layout Module, the option to display ticket value would be different. *Below are some of the options available when creating options for a specific ticket type 43of68 --1, Promo code icket? Minimum arno n o tickets: Maximum omou t of tickets: Select 'Yes· to preve t t is ticket type from being included in the price onge online. It :his uck._t ~·.tpe -tht' ·ov..::.?s: pr•ce d;c;piO.< do. il" :: ,•;1 i b 1qno, Ci 01'0 '.tL r~,t:')x-: price /.'d: b d::;p uyed i:-: rr! or·ce r::i11qe e q -.,,o, .• r,ovP 3 p'lce· 5, 10 ond 15, anci voL oc~:~-'Ote ;:ri s func1ior· '"or -t"'! ·s piic~. :'1e p:ic torqe \",·(!/ oe ..:rspk1veci ~J., ici-15. ~1or S-15 Is this ticket Complimentary {zero price)? Display Price on ticket as • Resrnct ticket to exclusive offer on!v? Restrict this icket to members only? Restrict this ticket to patron tags only? ---@ Face value 0 00.00 0 Do not display price ---June 1, 2021, Item #7
TicketSea c n • Seat Holds can be managed from the Event/Venue Creation Module. • The system allows users to create Hold Templates to avoid having to hold seats per individual dates and times. • Users with the proper Roles (Administrator, Supervisor, etc.) will be able to manage Holds. • Assign a Temp-Role to the non-profit group before their event allowing management of that events holds. *Below is an example of the Hold Template, accessible within the Seat Map builder. llll'il1HOUI ll-.,.HS Add Hold Template 2 Sc• to ho!ci ·yp• !,on, 1hP tor,-; c~ • ;\_def "'l-w Hod iv 10 a:::!::., STAGE 0 nf'W ~ . ~-,,pe-3 ro •o .,.at mop onct c1 ct o,uo r open ,,f oppl co le) 1.J't !.fl' ec:.~ r. _1'i ~t--•n ._ :.,. ~A, n· butt0·, to o~,;1 n <he r,01 •vpt:t . . C C G 'l If !dCo!o, • Patron Management 44of68 ~ • Aspects of Patron Management have previously been mentioned in section (d) regarding data collected on the Order Finalization page. • All patrons, notes, and identifying Tags are available in the Patron Lookup. • A custom-built CRM System gives users end to end management of their database. • Create as many data fields as needed. • Collect information a bout seat preferences, dietary requirements and more. Select field formats -upper case, lower case, mandatory, optional, lookup fields, numbers, letters, etc. June 1, 2021, Item #7
Ticket Sea • Users can even set different fields and flow depending on certain criteria -ie. online members must complete their date of birth or age range while a guest does not. • Increase field sizes depending on type such as first name or phone numbers. Move them into the desired order for customers to complete. Customer Fields Setup • 45of68 ~ • • Not only can users add notes, documents and create tasks for follow-up against a customer account or from their dashboard, the Marketing CRM section allows users to activate/deactivate or make mandatory any of these fields. • Customer Relationship Segmentation -Create fields according to relationship types -such as households (mother, father, child); schools (principal, teacher, coordinator) and connect customers in the database by relationship type. • Users can assign greeting preferences such as Mr. and Mrs. Determine who the main contact is rather than communicating to all parties in the relationship type. These relationships appear in each of the customer's records. • Customer Preview Stats -In customer records users can quickly June 1, 2021, Item #7
TicketSear T1 access stats such as total spend year to date, overall spend, how many days since last purchase, gift voucher values or any tags that are important such as seat and accessibility preferences. Are they a member? What type? How much have they donated? The summary stats allow quick assessment ofa customer rather than searching through multiple pages of data. • Marketing Tags -Create tags to segment data and analyze the data using Reports with Marketing Tags based on sales value or range, postcode, events purchased, etc. Automate an alert to any User, Role or email address to inform of a customer being allocated a Tag. Customize the email message and even have a customized message sent to the customer. • For example, if a customer from postcode 2000-2005 or 2010-2020 spends between $1000-$2000 in the current financial year on comedy shows only, certain deals and discounts are extended to them-such as 20% off, discounted tickets or merchandise, or an option to apply no fees. Users also have the option of creating ticket types that are restricted to Marketing Tags. • Customer Opt-Ins -Connect with customers by creating multiple opt-ins at an organizational level by email, SMS or post. Create specific opt-ins at an event level that allows the promoter or third party to access this data. • Mailchimp Integration -Integrating with the email and SMS campaign system, Mailchimp allows for seamless connection between both systems. User's lists from Mailchimp will appear in the ticketing system. If customers opt in or out, both systems will be updated. ~mallchlmp Do it all with Mailchimp Bring your audience data, marketing channels, and insights together so you can reach your goals faster-all from a single platform. 46of68 ~ June 1, 2021, Item #7
TicketSea c · Mailchimp/SMS Settings 47 of 68 ~ Welcome To Mollchimp • Google Analytics -The integration with the latest version of Google Analytics allows users to create goals and analyze customer's interactions with their website. Thisallowsthemtoanalyze drop-off rates in areas within the sales flow. • Google Ad Words -Create a Google AdWords campaign and track conversions through the sales process. Work with third parties such as promoters to allow them to track their campaign success. Understand where drop-offs occur throughout the sales process. • Facebook Pixel Tracking -Create a Facebook advertising campaign. As with Google AdWords, users can track conversions and drop-offs. • Social media Integration including Facebook login -Allow Facebook login on line for customers to speed up their sales journey. Allow Facebook 'Likes' and Sharing through the sales journey right through to the order confirmation and the confirmation email sent. These can be customized per event/product where social media options apply. • Google login -Just like Facebook login, Google login speeds up the purchasing process, particularly as customers get frustrated with systems and email password requirements that they tend to forget. • Ticket holder information -For any database field, users can elect per event/activity to collect ticket holder information. For example, with a festival, the first name and surname can be collected as well as date of birth for verification purposes (i.e. 18+). You always have the option of collecting this information as a per ticket or per transaction questionnaire. June 1, 2021, Item #7
TicketSea • Donations Leaving empty single seats is now a thing of a past. The TicketSearch system will check the entire Seat Map for alternative best seats to prevent single seats. The system also allows the user to set a percentage of when single seats are allowed (e.g. 97% sold). • The Donation function is free to use in the TicketSearch system. • Donations will be deposited in the same account linked to the users chosen Payment Gateway. • Reports can be generated to manage Donation information for cross-reference. • Donations can be create with various options such as specific amounts, round up to the nearest dollar, or custom amounts. General 2021 Campaign Choose a custom donation amount Continue shoi;212i.ng • Transaction Fees 48of68 ~ • The user controls what transaction fees are passed on to customers. • When creating an event there is an option to add additional fees. This setting can also be set to apply globally from system settings. • Payment Gateways that TicketSearch currently integrates with through the API function include, Cybersource. Stripe. and Authorize.net June 1, 2021, Item #7
TicketSea c ft • It is up to the user to determine what Payment Gateway is the best fit for their organization • TicketSearch simply integrates with the preferred Payment Gateway. Any fees associated with its use are between the user the Gateway provider. • NO funds are held in the TicketSearch system. Customer payments are sent directly through to the Payment Gateway provider and deposited to the Merchant Account. • The Payment Gateway and Credit Card Company is responsible for any additional fees associated with Credit or Debit transaction other than those the user has imposed, as TicketSearch does not charge any additional fees for these transactions. • Documentation • All documentation related to Help files, walk-throughs, and system updates (release notes) can be found in the TicketSearch system. • This documentation is fully and easily accessible by the user. • At the top of every page in the TicketSearch system is the Help Wizard. Clicking him will open the Help window allowing users to search specific keywords to aid in finding information about functions in the system. • Additionally, the same Help Wizard icons can be found under some Modules where the Wizard walks a user through how to use a specific function (ie. Create an Event) I. Click me for help *The Help Wizard icon accessible from the top of every page. *In the top right of the image below is the icon for the 'Events' Help Wizard that offers Event Module specific help and walk-throughs. Manage Events [ ... 49of68 ~ June 1, 2021, Item #7
TicketSea c ~-• Clicking the Help Wizard at the top on any page will open a new tab/window where a user can search for specific Help files, view all the systems Release Notes, as well as view Training Videos. Ticket arch Find all the help you need right here Looking for something else? Cli to access our release notes 2} Description of Company and Qualifications TicketSearch has been developed over an 8-year period by TicketSearch PTY in Australia. The creator boasts 13 years of experience in the ticketing industry, including as franchisee of SABO Australia/New Zealand/Asia, and has taken all of the feedback from customers over time and developed a complete box office solution. TicketSearch is a one-stop shop for all of your needs in a ticketing system. It can cater for one-off events, small to large venues, as well as government agencies and schools. TicketSearch North America LLC is majority owned by TicketSearch PTY and formed in September 2020 to provide the TicketSearch system to the US market. Our website is located at www.ticketsearch.com/na. The first Development Release predates the formation of TicketSearch North America by more than a year, with new Releases being put out regularly. The most recent of which was January 2021. 50 of 68 ~ June 1, 2021, Item #7
TicketSe The TicketSearch group of companies has customers in USA, Canada, Mexico, Australia, New Zealand and parts of Asia with more than 400 venues that are live on the system globally. As TicketSearch has grown into a global company, with more venues added every day, staff are required to be located around the world. The North American staff are spread across California, Florida, and Ontario, Canada. Support to the City of Poway will come from our Unites States based team in San Diego, CA. The North American team is trained in customer onboarding and support and offers 24/7 support for events and critical issues. Some of those at the City of Poway may find some familiar names at TicketSearch North America. Gladys Paloma, Product Support Manager for the US is located in San Diego and will be your primary point of contact for implementation and support. Gladys previously worked for SeatAdvisor and Patron Technology as a Product Support Manager. Steve Garcia, COO of TicketSearch North America has over 20-years of experience in the ticketing services industry. Steve's prior positions were GM of SeatAdvisor and VP Account Management at Patron Technology. Steve was formerly your direct Account Manager for nearly 6 years and has visited your venue on many occasions as he resides in San Diego. He would continue to be your direct Account Manager at TicketSearch, as he and Gladys both know your organization well With more than 20 years in entertainment management, Steve Garcia brings extensive working knowledge in venue management and ticketing solutions. His leadership philosophy is "It's not just about the tickets, it is about the people." In working with venues, Garcia recognizes that TicketSearch is the bridge to support a seamless customer experience from the initial ticket purchase, to customizing and cultivating relationships for years to come. V Ticket· .... ch TicketSearch has been born from a need for a ticketing solution that is flexible, customizable and provides access to all levels of customer service within the company. TicketSearch North America LLC employs a team of highly skilled and experienced individuals in the industry and is qualified to provide Services to the City of Poway. 51 of68 ~ June 1, 2021, Item #7
TicketSea c ., While TicketSearch provides 24/7 Customer Support and cases are handled as they are opened, Support Staff may have to prioritize emergency calls (ie. I have a show later today and am unable to sell a ticket) over non-emergency calls (ie. How do I create an event?). Most cases are resolved within an hour of being opened. Very rarely a case may have to be escalated and will require more time to resolve. The goal is always to minimize impact on an organizations ability to sell tickets. 3) Experience on Similar Projects Due to Covid restrictions over the last year, a number of organizations using TicketSearch were unable to hold events and have opted to make use of the free to use Donation function in the system to help bring revenue back to their venues. As recently as March 2021, some of these organizations have started listing and selling tickets to upcoming events. These organizations include: 1) One World Theatre • Location: Austin, TX • Date of Installation: November 2020 • Contact: Hartt Stearns • hart@oneworldtheatre.org • 512-330-9500 2) The Palladium • Location: Saint Petersburg, FL • Date of Installation: November 2020 • Contact: Megan Byrne • byrne.megan@spcollege.edu • 727-822-3590 3) Chocolate Church Arts Centre • Location: Bath, ME • Date of Installation: November 2020 • Contact: Donna Pierson • pierson.donna@gmail.com • 207-442-8455 52 of 68 ~ June 1, 2021, Item #7
TicketSearc • r, 4) Detailed Description of Proposed Solution The TicketSearch system meets all of the requested requirements with the exception of the Spell-check function. The system will not give any indication of spelling or grammatical errors. This may be available through a third-party software (ie. Grammarly), but TicketSearch does not provide any guarantee to integrate with that software. To address some specific functionality requests: Hardware & Software • Upon request, TicketSearch will give users the ability to create a temporary Org in the system or provide use of a Sandbox Org to test new features. • Clients own all their data, which is protected by the Enterprise Contract. • As previously addressed in the report, Webpages are ADA compliant. • TicketSearch is compatible with all major browsers and systems. • TicketSearch is compatible with the City's iPod Touch and desktop computers. Security & System Administration • Users with Admin 'Roles' can create unlimited user 'Roles' (ie. Supervisor, Sales, Finance, etc.) to maintain security of the system and limit access. • Users of different Roles with different logins can access the system at the same time. • Developers have the ability to track informational changes in the system, and the Support team as well as Admins can track transaction changes. • Each user should have a different login, which can be reset by the Admin or TicketSearch Support. • Users with an Admin or Supervisor Role are the only ones able to edit system information. A Sales user for example can change patron info but will not be able to access system settings. Box Office Software • Events are fully customizable to be one-off, series, or flex series. • The system has a number of strategically placed copy functions to aid users when building events. • The system refers to quick sales as Fast Sales and this function does not require patron data collection. • All Sales within the system will generate a receipt to keep the Reporting function accurate. 53of68 ~ June 1, 2021, Item #7
TicketSea • As previously shown, Tickets can be printed with a face value, no value, or a $0 value. • Once 'Consignment' has been created as a delivery method, it will show up when generating reports. • The Gift Voucher Module is customizable for when tickets can be used • When a patron or customer has created an account, they can use their login information (email and password) to access ticket pre-sales. • Information on tickets is fully customizable. • As previously shown ticket refunds/exchanges are as quick to process as ticket sales and can be credit back however the City decides. • Events can be tagged with descriptors all settings and discounts can be applied globally or on an event-by-event basis. • All settings can be saved for Events to be reused for future Events • Discounts can be applied to individual and groups of shows as well as before or after tickets go on sale. • As previously shown, there are multiple ticketing options within the system that can be turned on globally or on an event-by-event basis. • When building an event, the system will present options for whether the event will be general admission or reserved seating. • As previously shown with diagrams the system allows the creation of Hold Templates to create easy Holds from event to event that can be reused. • The TicketSearch system was developed with Covid-19 related features in mind including Social Distancing Seat Maps, Contact tracing, and timed ticketing. Content Management Website • Streaming Video options can be embedded in the Sales portal as well as linked to through marketing emails. The system also integrates with Zoom through the API function, allowing for monetized Streaming of events. • Photos and video can be uploaded to TicketSearch for visibility on the Front end. • All security settings are applied from within the system and are accessible by users with an Ad min 'Role'. 54of68 ~ Is the event a one-off or multiple dates/times? I / .:-5J 0 e-oft June 1, 2021, Item #7
TicketSea 5) Software and Hardware Platform TicketSearch is a web-based platform compatible with the most popular internet browsers (Google Chrome, Firefox, Microsoft Edge, Safari) as well as all widely used hardware (Windows-based PCs, Mac OS PCs, iPhones and Android Smart Phones, iPads and Tablets). 6} Implementation and Training TicketSearch proposes to provide the City with a one-stop-shop for all of its ticketing needs. As a customer driven system, TicketSearch prides itself on the customer support services we provide. In saying this, we offer a familiar and experienced team including Steve Garcia and Gladys Paloma who have joined us from SABO. We are confident we can provide the Services required by the City of Poway. The implementation process will look like the below: • Contract signing • Implementation of online merchant account • Database (previously exported from SABO) import into TicketSearch (1-2 weeks pending cleaning) • Building organization in TicketSearch (Approximately 1 hour) • Gateway -Adding merchant account API details and doing a test transaction (5 Mins) • Training -Building events, venues, seat maps or other items as required (1 day) • Live prep -setting up and finalizing all events, Seat Maps etc. as required (2 days) The Project Manager will assist staff in all their needs through the building of the 'Org' in the TicketSearch system. At the City of Poway's team's leisure, the Project Manager will schedule Zoom meetings with individuals working in the system to provide training and education in the features and functions of the system. After the initial system setup, 'Org' creation and Events are saleable, the TicketSearch North America Support Team will be available to the City of Poway for any assistance required in the system. As the TicketSearch system was developed by previous SABO engineers and the City of Poway's previous system was SABO, we believe that there will be a limited learning curve for the City staff. While TicketSearch is a different system, it was built as an improvement for functions and features that SABO was lacking. 55 of68 ~ June 1, 2021, Item #7
TicketSea, ,I TicketSearch is always open to helping its users understand the system better. Should new features or technologies be implemented in the system that require a steep learning curve, the TicketSearch Support Team is open to requests to help educate users in these implementations. You will have complete support throughout this process by the TicketSearch team. We can also arrange 1-hour remote sessions as needed and if required. The City of Poway will find value in adopting TicketSearch as it is an advanced ticketing solution with all of the features that many clients, including government agencies, have always asked for. TicketSearch leads the industry in COVID-safe functionalities, and it also comes with an experienced team, particularly from SABO who will be able to assist efficiently with the transfer over to TicketSearch. Key TicketSearch team members the City will be interacting with include: Gladys Paloma, Project Manager for the US is located in San Diego and will be your primary point of contact for implementation and support. Gladys previously worked for SeatAdvisor and Patron Technology as a Product Support Manager. More on Gladys: Patron Technology -Product Support Specialist (SABO+) 2018 -2020 San Diego, CA Duties and responsibilities include: • Responsible for maintaining exceptional customer service for installed user base and staff • Training new users on proprietary live event management software • Analyze and assess reported issues to best deploy troubleshooting • Quality Assurance Testing • Helped in facilitating Data Export for SABO Sunset 2020 SeatAdvisor -Graphics 2017-2018 San Diego, CA Duties and responsibilities include: • Create/edit Seat Maps • Update Venue images • Update View/Seat images • Create Image holders 56of68 '1,-June 1, 2021, Item #7
TicketSea Steve Garcia, COO of TicketSearch North America has over 20-years of experience in the ticketing services industry. Steve's prior positions were GM of SeatAdvisor and VP Account Management at Patron Technology. Steve will be your dedicated and familiar account manager with TicketSearch. Daniel Sammy, Business Development Associate is your Representative at TicketSearch and will be your contact up until Implementation. Daniel is here to help you be confident that TicketSearch is the right fit for your ticketing needs. Dennis Doulgeridis, Founder of TicketSearch may occasional be in contact to see if he can provide any personal assistance and to make sure the City and staff are satisfiedwith the performance of the TicketSearch system. Dennis is based in Australia and has been developing the system over the last 8 years. He boasts over 13 years of experience in the ticketing industry, including as a franchisee of SABO, and has taken all of the feedback from customers over this time and developed a complete box office solution. All timelines for any future developments and proposed customizations in regard to the Scope of Services are up for discussion should you decide to choose TicketSearch. We benefit from having onshore and offshore development teams who work around the clock to commit enhancements to the system and are available to provide customizations. 7) System Testing and Acceptance TicketSearch North America agrees to all the City of Poways stipulations in this regard. 8) Warranty and Post Implementation Support Most of the City's support concerns have been previously addressed. TicketSearch does not 'bank' or limit the support hours provided to any of its users. Initial training is given an estimate 6 hours of support to discourage abuse. If City of Poway staff believe more initial training and support time is needed a Support Team member will be available for assistance. 9) Annual Maintenance Upgrades There are no maintenance fees associated with the TicketSearch system. Upgrades to the system are performed in off-hours and will not impact operations during business hours. 57 of68 --J,, June 1, 2021, Item #7
TicketSearc •l TicketSearch will always remain up to date with the latest software releases for the most popular hardware and software systems. Updates/upgrades to the system are completed in off-hours through remote internet access, and do not require action on the user's part. Any changes to the system are included in the Release notes found in the Help Wizard. New updates to the system are implemented every few weeks, and there are no additional costs associated with system maintenance. All major product revisions, upgrades, enhancements and planned software releases are included as a feature of the maintenance and support contract options. This year alone, more than 800 features and updates have been implemented into the system. Currently there is a release every 3-4 weeks (where about 50 items are added to the system). The release notes are made available to everyone using the system from the interface. TicketSearch's goal is to provide the features and functions that its users find useful. With this, we are always looking for recommendations and feedback from our users. 10} Pricing TicketSearch is happy to propose a few alternative pricing options to the City of Poway. Option 1 • A $0.45/per ticket fee billed monthly with an annual 20% Complimentary Ticket allowance. • There is no annual ticket minimum under this plan. You are not committed to any specific volume of sales, and you can always graduate to one of the additional options below via a simple contract addendum. Option 2 • One Year License at $31,100 billed at the start of each contract year. • This option allows for the sale of 100,000 tickets Max, regardless of ticket value. • Overage rates will be billed yearly at a rate of $0.40/per ticket and $0 for Comps. 58of68 '1,, June 1, 2021, Item #7
TicketSearc Option 3 • Three Year License at $82,994 with payment due in full at the top of year 1. • This option allows for 100,000 tickets Max, regardless of ticket value. • Overage rates will be billed yearly at a rate of $0.40/per ticket and $0 for Comps. Additional Pricing Information: 1. Annual Minimum Tickets Processed Client agrees to process the following minimum numbers of tickets each year as determined by TicketSearch North America: Year 1 Year 2 Year 3 waived waived waived 2. Donations Module Clients using the Enterprise version shall have the use of the Donations Module free of charge. 3. Memberships Module Membership sales will count towards the 100,000-ticket threshold and be billed at the same price as the per ticket processing fee. 4. Merchandise & Concessions Client agrees to pay Licensor 5% of the monthly Merchandise sales processed through the Merchandise and Add-Ons Modules. S. Other Equipment TicketSearch presumes each operator in your box office environment already has a PC or Mac available to them with an internet connection and permission to access TicketSearch related webpages. TicketSearch integrates with your existing BOCA printers for ticket printing, and we recommend them as your official resource for any pricing related to ticket stock or new thermal printers. Our Ticket Mobile Scanning App is available free of charge from the Apple App Store or 59of68 ~ June 1, 2021, Item #7
TicketSea c Tl Google Play Store, however, an iOS device (likely an iTouch or iPhone) or an Android device is required for each ticket taker. Procuring any mobile devices would be at the city's discretion and can easily be purchased from any big box retailer at an average cost of $200 USO per device. There is no additional or special hardware required to operate TicketSearch. 6. SMS Ticket Delivery Fee Client agrees to pay $0.15 per SMS text message sent. 7. Setup and Training Fees Setup Fee Training Fees Travel Costs Customer Contact Data import from previous system Customer Transaction Data import (3 Years) from previous system Seat Map Generation Fee 8. Third-Party Platforms $895 (waived) $595 (waived) $NA $1,500 (waived) $3,500 (waived) $1,200 (waived) License fees for Third-Party platforms such as Tableau, Mailchimp and Zoom are not included in this agreement. 9. Service and Support Client shall be solely responsible for all service, maintenance and support-related costs for computers, printers, Client Internet connection(s), and any other Client-owned hardware and software utilised to access and use TicketSearch. Licensor will provide Client with telephone support specifically related to TicketSearch malfunction. After the completion of the Set Up and Training services set forth, Client shall maintain its own qualified personnel (or contract with a third-party service provider) who are trained in the day-to-day operation of TicketSearch for the purpose of on-going staff training, answering staff "how-to" questions, and addressing any other TicketSearch usage-related issues. Licensor will continue to provide help desk services to said personnel at no cost to the Client throughout the term of the Agreement. 60of68 '1,, June 1, 2021, Item #7
Ticket Sea 10. Other Costs Except as provided in this Agreement, all other costs and expenses to be paid by Client under this Agreement shall be due and payable upon issue of an invoice by TicketSearch North America. 11. Sales Taxes Please note: All prices quoted are exclusive of any taxes or other governmental fees or charges, including, but not limited to sales and use taxes. Ticket arch· Ticketing built your wayTS 61 of68 ~ June 1, 2021, Item #7
City of Poway Box Office Ticketing System RFP 21-021 5. Proposed approach to completing the work, and ability to implement in a timely manner. 6. Background and related experience of the specific individuals to be assigned to this project. 7. Fee structure and cost effectiveness of the proposal. 8. References. The City may short-list two or more Vendors to continue with further evaluation using the criteria identified above. Additional discovery may be performed to assist in selecting the short-list Vendors. The short-list Vendors will be contacted regarding their status as short-listed Vendors. The City reserves the right to award contract, or to forego awarding contract without notice. If a short list of Vendors is developed, the City will further evaluate short-listed Vendor's solutions by utilizing scripted scenarios that will demonstrate the ability to meet the requirements in the System Functionality Questionnaire. The short-listed Vendors will be further evaluated based on the results of reference checks, additional discovery and, at the option of the City, demos of Vendor's customer sites in operation. Vendors will provide the City with a list of three (3) customer sites. Customer sites should be using the same major version of the software being proposed to the City, and similar in scope and complexity. Please note that demonstrations for short-listed Vendors, if requested, are estimated to be held on April 21, 2021. Specific days and times for each short-listed Vendor will be determined at a later date, but Vendors should be prepared to conduct the demonstrations on this date. The City reserves the right to cancel this RFP at any time and for any reason without any liability to any proponent or to waive irregularities at their own discretion. The award of the Contract, if made, will be made to the proposer, who in the sole discretion of the City is best able to perform the Contract in a manner most beneficial to the City of Poway. The City reserves the right, after opening proposals, to reject any or all proposals, to accept or reject any one or more items of a proposal, to waive any informality in the proposal, and to accept any proposal or portion of it. Appendix A: System Functionality Questionnaire ABILITY TO EXECUTE REQ.UIREMENT Meets -The package meets the requirement 11out-of-the-box11• C "'C Modification -The package must be modified to meet the requirement. 0 > .... iij C Ill +i ~ 0 ... n, :i:a: .... n, z QJ Ill 3rd Party -The package is able to meet the requirement with a third-party QJ u n, 0 C QJ QJ ti= 0. Ill QJ C. 0 ll,O solution :E :a "E ~ :E 0 ·-n, ... 'tj 0. 0 rn 0 0. Q.I Does Not Meet -The product is not able to meet the requirement. :E V) Overall Hardware & Software 1. Ability to provide a test environment for testing new product features and versions. X p.37 2. Client owns the data generated by the solution, and entered into the p.37 system. X 3. Webpages created by your system are 100% ADA compliant? X o.25 4. Compatibility with Google Chrome, Firefox, Safari, etc. for public website. X p.6 62 of 68 Page 12 of 27 June 1, 2021, Item #7
City of Poway Box Office Ticketing System RFP 21-021 ABILITY TO EXECUTE REQ,UIREMENT Meets -The package meets the requirement "out-of-the-box". C .,, Modification -The package must be modified to meet the requirement. 0 > ... (0 C Ill ·,.:; t: 0 ... nl # ... nl z QJ Ill 3rd Party -The package is able to meet the requirement with a third-party QJ u nl 0 C QJ QJ ~ a. Ill QJ Q. 0 tl,O solution ~ =c -e QJ ~ 0 ·-nl 0 II.. ... a. 0 m C a. ~ Does Not Meet -The product is not able to meet the requirement. ~ VI 5. Compatible with the City's existing hardware. p.37 X Security & System Administration 6. Proposed system provides group and user security. X o.37 7. System has a Systems Administrator function that can manage security, maintenance tables, user logins and access, and overall p.37 system help to users when necessary. X 8. Allows security access to different sections of the system, and defined classes of data to be defined as read-only, read and write, or no p.37 access. X 9. Supports multiple users accessing and editing the system at once. X o.37 10. Maintains an audit trail of information and transaction changes. X n 17 i 11. Users have login and passwords, passwords can be reset via the website. X p.37 12. Users can edit general account information with a login and password online. X p.37 13. Operates redundant data centers (for online systems). List how many. X o.6 14. Operates secure data centers -with SSAE-16 Accreditation? X n6 -Box Office Software 15. Ability to build single events, regular series, and flex series. X p.37 16. Copy function available when building multiple shows in a series. X n 17 17. Quick sale mode for purchases with a minimum of clicking. X n.3'"7 -18. Cash sales generate receipts. X n.37 19. Tickets can be printed with full face value with no money collected or due (consignment sale). X p.27 20. Tickets can be sold at a discount but printed at list price. X p.L! 21. Consignment sale is marked as a different type of sale from regular p 7 & 38 sales for reporting purposes. X 22. Gift certificates and vouchers can be printed for use to purchase tickets at a later date. X p.38 23. Passwords are available for ticket pre-sales. X p.38 24. Tickets can be printed with theatre door locations. X o.38 25. Tickets can be refunded and exchanged at the box office; amount refunded can be a credit to customer account or gift X p.26 & 38 certificate/voucher. 26. Shows can be tagged with a "group designation" i.e. School, p.1( •,18&% Professional Show, Rental. X 27. Shows can be managed as a group in bulk; applying settings and discounts. X p.38 28. Settings for shows can be saved as templates. X p.38 29. Discounts can be added and modified after sales start. X p.38 63 of 68 Page 13 of 27 June 1, 2021, Item #7
City of Poway Box Office Ticketing System RFP 21-021 ABILITY TO EXECUTE REgUIREMENT Meets -The package meets the requirement "out-of-the-box". C "'C Modification -The package must be modified to meet the requirement. 0 > ... iu C Ill ~ ~ 0 ... ra # ... ra z Ill 3rd Party -The package is able to meet the requirement with a third-party a, u ra QJ 0 C QJ a, ~ Q. Ill QJ D. 0 b,O ~ !ij a, ~ 0 ·-ra solution 'E 0 0: ~ Q. 0 m C Does Not Meet -The product is not able to meet the requirement. ~ V) 30. Multiple discounts can be applied to shows, groups of shows. X o.38 31. Multiple types of payments can be used for one sale. X o.25 & 2~ 32. Ticketing options include print-at-home, electronic ticket (phone wallet p.22 or other). X 33. Sales can be general admission or reserved seating. X p.38 34. Various types of holds can be placed on seats and are reflected on ,.., seat map and labeled according to the type of hold. X p . ..:'. 8 & 38 35. Able to note whether tickets are placed in will-call or other action? X o.22 36. Able to add notes for specific sales vs. notes only being attached to P. 18, 25 &26 general customer accounts. X 37. COVID-19-related features: automated seat spacing, timed p. 16, 17 & 38 ticketing/arrivals. X Content Management Website 38. Videos from YouTube, Vimeo, and other sources can be embedded p.38 onto a web page using a link or embed code. X 39. Ability to host video-streamed events. X p.38 40. Content can be edited using a WYSIWYG editor built-in to the application. X p.37 41. Photos can be loaded and saved directly onto the site. X p.38 42. WYSIWYG text editor has spell-check. X p.37 43. Documents can be loaded and saved directly onto the site. X n 1Q 44. Security settings, users and groups apply from the box-office .l software. X p.38 45. Security settings, users and groups can be managed by the administrator. X p.38 46. Pages can be created, deleted, moved, renamed within the site structure. X p.38 64 of 68 Page 14 of 27 June 1, 2021, Item #7
STEVE VAUS, Mayor BARRY LEONARD, Deputy Mayor CA YLIN FRANK, Councilmember DA VE GROSCH, Councilmember JOHN MULLIN, Councilmember April 12, 2021 CITY OF POWAY ADDENDUM NO. 1 BOX OFFICE TICKETING SYSTEM, RFP #21-021 TO ALL PROSPECTIVE PROPOSERS: The following questions were asked regarding the above-referenced project: Ql: Can companies from outside the USA (for example, from India or Canada) apply for this? Al: Yes, nothing precludes international vendors from proposing, but all payments must be in USD ($). Q2: Does the contractor need to come to Poway for meetings? A2: No, as long as all training, support, etc. can be done remotely. Q3: Can the contractor perform the tasks (related to the RFP) outside the USA (for example, from India or Canada)? A3: Yes, as long as the contractor is committed to providing support during the hours critical to the tasks, Pacific Time evenings during/before shows, weekends, etc. Q4: Can entire proposals be submitted via email only, in PDF format (by the deadline), without a hard copy? A4: Yes. QS: We base our pricing on your annual earned revenue (i.e. total revenue from goods & services, taxes and fees processed through the system). Can you please provide the annual earned revenue in a typical year that would be processed through the system so we can provide a pricing estimate? AS: The last full year of actual ticket sales was FY18-19. In that year, total earned revenue from tickets was $129,837. Should the system be able to also serve as a point of sale for concession operations, there would be additional earned revenue. In FY18-19, concession sale revenue was $60,828. 65 of 68 City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074,0789 www.poway.org June 1, 2021, Item #7
Q6: What is the projected annual revenue (tickets, donations, etc.) that you anticipate running through the system for fiscal year 2021? A6: As noted above, the last full year of actual ticket sales was FY18-19. In that year, total. earned revenue from tickets was $129,837. No ticket sales will occur in FY21, which ends on June 30, due to COVID. Ticket sales in FY22 will depend on the reopening schedule of the theatre based on State and County health orders. Q7: To help us calculate one-time and recurring annual fees, can you please share the Poway Center for the Performing Arts projected annual operating expenses for fiscal year 2021? A7: The theatre was closed to the public due to COVID in FY21 and part of FY20; therefore, the last comparable figures come from FY 18-19. Ticketing-specific expenses included bank and ticketing charges, estimated at $67,000. Our preference is to lower costs for both the City and clients. QB: Is it a requirement to use the current credit card processor (Automated Merchant Services) and gateway (BridgePay), or can other merchant services providers be utilized? A8: Obviously there is some advantage to the City in using existing services, but there is definitely flexibility to add services if needed. Q9: What is your current software/CRM/Ticketing system? A9: As noted in the RFP, the PCPA was using the SeatAdvisor system to sell tickets on line and through the box office until that system was discontinued. Ql0: Is there flexibility in your implementation timeline? Al0: In order to reopen the theatre to the public and provide quality service to clients for ticketing, there is no flexibility. In fact, implementation earlier than mid-August would be preferred. Qll: How many portable ticket scanners and pedestals do you anticipate needing? All: Although the absolute minimum is 2, the amount currently being used, backups and the ability to utilize additional entrances must be an option. It is preferable that you provide per scanner/pedestal pricing for the City's consideration. Q12: Can you please provide a list of the current systems that have CRM, ticket history, and/or fundraising history data that will need to be converted to the new system? A12: The former ticketing company, SeatAdvisor, went out of business. CRM, ticket history, and fundraising data are currently held in Excel files, and upload is estimated at less than 200 patrons. Q13: As stated on page 6, "Throughout the duration of the contract, Vendor must hold a valid and current City of Poway Business Certificate." Please describe how the City of Poway Business Certificate is acquired by the chosen vendor. A13: Business certificate information is available here: https://poway.org/205/Business-Certificates. ADDENDUM NO. 1, BOX OFFICE TICKETING SYSTEM, RFP #21-021 66 of 68 PAGE 2 OF 4 June 1, 2021, Item #7
Q14: My concern is the language surrounding ADA requirements, and I was hoping you could provide some clarity if possible: "American Disabilities Act (ADA) Compliance. All web sites utilized by the ticketing system must meet all mandated access requirements adopted by the Federal Access Board www.access-board.gov) under Section 508 subsection 1194.22 of the Rehabilitation Act." Is this requirement an absolute deal breaker at this time, or is it a component to be scored? I ask because ADA changes their guidelines regularly and without notice to vendors like us who may need to amend the product/system to stay as compliant as possible. I've searched and there don't seem to be any organizations that certify systems as being "ADA Compliant." The current issue with our system is that (like SABO) we give your operators the ability to upload content supporting your events including images, videos, artwork etc. In those instances we cannot police that this content is ADA compliant (for example, linking to a YouTube video that doesn't have subtitles for the hearing impaired.) So we'd like to participate, but we want to meet your requirements. A14: The system provided should have the functionality built in to meet current Section 508 requirements. The system does not bear any responsibility for linked content on other websites outside of the provider's control. QlS: Please provide your definition of a consignment ticket as it relates to PCPA events, and describe your current process (or use case) for the distribution, sales, and scanning and validation of these tickets. AlS: The theatre creates a show for a client and then prints all 800 tickets and gives them to the client to sell. Tickets are sold and distributed to buyers. At the door, patrons must produce our printed ticket for scanning to enter the theatre. At a minimum, this is required; however, should a company have an alternate solution or concept for consideration, we are open to considering this. Q16: How many different organizations participate in your consignment ticket program? Are their specific requirements an organization must meet in order to be issued tickets in advance? Do these organizations receive any type of internal "credits" from the City of Poway for the number of consignment tickets purchased? A16: The clients of the PCPA are diverse and are primarily a professional performance organization, a school district, and community rental organizations. Approximately 50% of the clients utilize consignment. Procedures for consignment closely follow requests for onsite and on line sales of tickets, the exception being the issuing of the tickets to the client directly. There is a per-ticket or batch fee for consignment, and no credit is available. The City will determine if the entire house may be taken on consignment or whether some tickets will be made available onsite/online. Specific seats are kept by the PCPA as house seats. Q17: If we do not have any revisions to the City's Standard Agreement for Contract Services, does it need to be completed in advance, or only if we are the selected provider? A17: The Standard Agreement will be completed only by the selected provider. ADDENDUM NO. 1, BOX OFFICE TICKETING SYSTEM, RFP #21-021 67 of 68 PAGE 3 OF4 June 1, 2021, Item #7
All proposers shall acknowledge receipt and acceptance of this Addendum No. 1 by signing in the space provided and submitting the signed Addendum with the bid. Date: 4/12/21 Roger Morrison, Senior Management Analyst Receipt acknowledged by: Date: 4/14/21 Michael Smith President TicketSearch North America LLC ADDENDUM NO. 1, BOX OFFICE TICKETING SYSTEM, RFP #21-021 68 of 68 PAGE 4 OF 4 June 1, 2021, Item #7
June 1 , 2021, Item #8AG EN DA REPORT City of Poway DATE: TO: FROM: CONTACT: June 1, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services/AA, Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Acceptance of the Welcome to Poway Sign Replacement Project; Bid No. 21-002 with New Century Construction, Inc. as Complete Summary: On September 15, 2020, the City entered into a contract with New Century Construction, Inc. in the amount of $98,500.00, to demolish and replace seven Welcome to Poway monument signs. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Welcome to Poway Sign Replacement project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $4,925.00, if unencumbered, 45 days after City Council acceptance; (4) Release the SureTec Insurance Company for Material and Labor in the amount of $98,500.00 after the release of retention; and (5) Retain the SureTec Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The City's seven Welcome to Poway monument signs were made of wood and were beyond their useful life. In order to increase longevity and minimize the long-term maintenance of the signs, the new replacement signs are constructed of concrete. The signs were styled to look very similar to the old wood signs so that the character of the signs remains unchanged. There were no change orders for this project. The final contract amount is $98,500.00. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. 1 of 2
June 1 , 2021, Item #8Fiscal Impact: Sufficient funds are available in the Facilities Renovation FY19 -General Maintenance account (MTN0016) for the release of retention. Funds remaining in the project at year end will be applied toward the next year of the annual program. Public Notification: None. Attachments: None. Reviewed/ Approved By: Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
June 1, 2021, Item #9AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: June 1, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /,41 Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Award of Contract to L.C. Paving & Sealing, Inc., for the FY 2020-21 ADA Barrier Removal -Lake Poway Pathways project; Bid No. 21-016 Summary: This action will award a construction contract for the FY 2020-21 ADA Barrier Removal -Lake Poway Pathways project. The project modifies existing non-compliant paths of travel to make them compliant with current ADA (Americans with Disabilities Act) standards. Recommended Action: It is recommended that the City Council award the contract for the FY 2020-21 ADA Barrier Removal -Lake Poway Pathways project to L.C. Paving & Sealing, Inc., the lowest responsible and responsive bidder, in the amount of $67,069.53. Discussion: The FY 2020-21 ADA Barrier Removal -Lake Poway Pathways project is funded through the Community Development Block Grant (CDBG) Program. The County of San Diego manages the program and distributes funds to the City. This project consists of installing ADA compliant walkways to the existing gazebo/picnic area at Lake Poway Park. The project tasks include the installation of new accessible parking stalls, concrete walkway and handrails to meet ADA accessibility standards. The contract time for this project is 25 working days with an Engineer's Estimate of $70,000.00. Bids were opened on May 13, 2021. The following four bids were received: Company Base Bid Additive Total Bid Amount Alternate No. 1 Amount L.C. Paving & Sealing, Inc. $67,069.53 $36,721.61 $103,791.14 GEM Industrial Electric, Inc. $69,600.00 $45,700.00 $115,300.00 AB Hashmi, Inc. $76,600.00 $39,600.00 $116,200.00 Tri-Group Construction and Development, Inc. $99,985.00 $112,625.00 $212,610.00 1 of 11
June 1, 2021, Item #9An additive alternate was included in the project bid for additional work should the bids come under the project budget. While the lowest responsible bid with the additive alternate is under the total CDBG grant amount, insufficient funds exist to cover construction contingencies. Staff recommends awarding the project on the base bid amount only. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that it involves minor alterations to existing facilities within an existing City park, pertaining to American with Disabilities Act (ADA) compliance. Fiscal Impact: Funding in the amount of $107,221.13 is available in the FY 2020-21 ADA Barrier Removal project account (PRK0019) for the award of this contract. Public Notification: None. Attachments: A. Contract Reviewed/ Approved By: Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
June 1, 2021, Item #9SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY FY 2020-21 ADA BARRIER REMOVAL -LAKE POWAY PATHWAYS This Contract made and entered into this 2nd day of June, 2021, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and L.C. Paving & Sealing, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition 2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. 3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: This project includes the construction of Americans with Disabilities Act (ADA) compliant concrete pathways, and picnic areas. The work will include but is not limited to the following: clearing and grubbing, grading, concrete sidewalk, concrete curb, concrete retaining wall, asphalt pavement, pipe handrail, signage, landscape and irrigation restoration, and all related and necessary work as defined in the contract documents. 4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. 3 of 11 ATTACHMENT A 1
June 1, 2021, Item #95. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $67,069.53 the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. 6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 25 Working Days after the date specified in the Notice to Proceed. 7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. 8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. 9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. 10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of 4 of 11 2
June 1, 2021, Item #9the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required 3
June 1, 2021, Item #9by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. 16. a. Contractor shall provide certificates of insurance with original endorsements 6 of 11 to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on 4
June 1, 2021, Item #9file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 18. 7 of 11 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 5
June 1, 2021, Item #919. 20. 21. 22. 23. 24. 25. 26. 27. 8 of 11 The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made with a reasonable time after completion of the work. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 6
June 1, 2021, Item #928. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be take, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. 9 of 11 7
June 1, 2021, Item #9City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8
June 1, 2021, Item #9IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ------------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 11 of 11 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 9
June 1, 2021, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: June 1, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance M, Nicole Roesler, Revenue and Operations Manage@ 858-668-4409, nroesler@poway.org Award of Agreement to Wittman Enterprises, LLC for Emergency Medical Services Billing and Collection Services through Cooperative Purchase The City's approved operating budget includes funding for medical billing and collection services for its ambulance program in the Paramedics Division (503050) of the Fire Department. The current agreement with Wittman Enterprises, LLC is set to expire September 30, 2021. It is recommended a new professional service agreement be awarded to Wittman Enterprises, LLC for emergency medical services billing and collection services. Recommended Action: It is recommended that the City Council award the agreement for Emergency Medical Services Billing and Collection Services to Wittman Enterprises, LLC, and authorize the City Manager to execute the necessary documents in a form acceptable to the City Attorney. Discussion: The Fire Department provides necessary emergency medical transport services to residents, visitors, and businesses in the City, and responds to emergencies outside of city boundaries under mutual aid and automatic aid agreements with neighboring jurisdictions. As of March 31, 2021, paramedics have transported 1,454 patients and $1.3 million in net ambulance fees (gross revenue less Medicare, Medi-cal, and other contractual write downs) have been billed. Medical billing and revenue collection services were processed by city employees in the Finance Department until 2016 when these functions were contracted to a consultant. This process change was done to increase fee collection, more timely patient billing, and maintain a higher level of technical expertise needed to bill third party insurance and state and federal reimbursement programs. In September 2016, the City Council approved a five-year (three-year with two optional one-year extensions) professional services agreement with Wittman to provide emergency medical services billing and collection services which expires September 30, 2021. 1 of 27
June 1, 2021, Item #10Pursuant to Section 3.28.11 O of the Poway Municipal Code, goods and services can be secured via another agency's competitive process when the administering agency has made their purchase in a competitive manner. Using another agency's competitive process reduces administrative burden and expedites the purchasing process. Staff recommends the City of Poway execute an agreement with Wittman to provide emergency medical services billing and collection services based on Special Provision 5 of Agreement R2021-006 between the City of Chula Vista and Wittman Enterprises, LLC that allows for other public agencies to participate in the award of the contract. On September 18, 2020, the City of Chula issued a Request for Bid (RFB) for EMS Billing and Collection Services (P04-20/1 ). Following a competitive RFP process pursuant to Chula Vista Municipal Code 2.56.080, the City of Chula Vista awarded an agreement to Wittman. A total of one thousand two hundred and forty-two {1,242) companies were notified through PlanetBids. Twenty-one companies downloaded the solicitation, seven companies responded and three were responsive. Upon review of responses and subsequent staff presentation by the two finalists, the contract was awarded to Wittman. In business for 30 years, Wittman is well known for their medical billing and collection services. Most of their clients are government agencies located in California. Wittman's past performance with the City has been highly satisfactory with consistent and reliable patient services, efficient ambulance billing, cost reporting, and timely revenue collection. The proposed agreement is for a three-year term with two one-year options to extend the agreement commencing on October 1, 2021 through September 30, 2024. The compensation to Wittman is $24 per incident for contract year one and two, $25 per incident for contracts year three and four, and $26 per incident for contract year five. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The fiscal impact will be a function of how many emergency medical services transports the Paramedics Division responds to each fiscal year. The estimated cost of the agreement for the first year is approximately $50,600 based on a three-year average of 2,100 transports annually. Funds are included in the Fiscal Year 2021-22 budget (503050-17999) for award of this agreement subject to Council review and approval on June 15, 2021. Funding for subsequent years will be requested in the Paramedics Division operations and maintenance budget as part of the annual budgeting process. No additional funding is requested. Public Notification: None. Attachments: A Standard Agreement with Wittman Enterprises, LLC Reviewed/ Approved By: Assistant City Manager 2 of 27 Reviewed By: Alan Fenstermacher City Attorney e City Manager
June 1, 2021, Item #10City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this ___ day of _______ , 20 __ , by and between the CITY OF POWAY (hereinafter referred to as "City") and Wittman Enterprises, LLC (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform emergency medical services billing and collection services for the Municipal Emergency Medical Services (EMS) (Project); WHEREAS, Consultant is a(n) fire and ambulance billing services consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of27 5. Confidential Relationship. 1 ATTACHMENT A
June 1, 2021, Item #10City 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. 4of27 2
June 1, 2021, Item #10"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: r8J 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. 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. 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 of27 3
June 1, 2021, Item #10years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of27 4
June 1, 2021, Item #10(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. 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. 7 of27 5
June 1, 2021, Item #10Consultant'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 (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of27 6
June 1, 2021, Item #10Contractor 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 of27 7
June 1, 2021, Item #10IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 27 CONSULTANT 8 By:------------Corinne Wittman-Wong, CEO Date: ------------
June 1, 2021, Item #10A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the emergency medical billing services and cost recovery services further described in the Scope of Services in Sections 1-3 submitted with the proposal dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Section 4 Cost Proposal submitted with the proposal dated March 25, 2021, which are included in this document as Attachment 2. Total fee is not to exceed the per incident cost as defined in the proposal as $24.00 per incident for contact year one and two, $25.00 per incident for contracts year three and four, and $26.00 per incident for contract year five. 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 October 1, 2021 and ending September 30, 2024 with the option to renew for two one-year periods, 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 11 of 27
June 1, 2021, Item #10following 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. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 27 2 City of Poway P.O. Box 789 Poway, CA 9207 4 Wittman Enterprises, LLC 11093 Sun Center Drive Rancho Cordova, CA 95670
June 1, 2021, Item #10City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this ___ day of _______ , 20 __ , by and between the CITY OF POWAY (hereinafter referred to as "City") and Wittman Enterprises, LLC (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform emergency medical services billing and collection services for the Municipal Emergency Medical Services (EMS) (Project); WHEREAS, Consultant is a(n) fire and ambulance billing services consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. 13 of 27 ATTACHMENT A
June 1, 2021, Item #10City 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. and expense. 7. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost 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. 14 of 27 2
June 1, 2021, Item #10"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: 1:8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. 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. 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) 15 of 27 3
June 1, 2021, Item #10years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 16 of 27 4
June 1, 2021, Item #10(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. 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. 17 of 27 5
June 1, 2021, Item #10Consultant'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 (Cal PERS) and shall not become members of CalPERS while providing services to City. 18 of 27 6
June 1, 2021, Item #10Contractor 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) 19 of 27 7
June 1, 2021, Item #10IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 20 of 27 CONSULTANT 8 By:------------Corinne Wittman-Wong, CEO Date: ------------
June 1, 2021, Item #10A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the emergency medical billing services and cost recovery services further described in the Scope of Services in Sections 1-3 submitted with the proposal dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Section 4 Cost Proposal submitted with the proposal dated March 25, 2021, which are included in this document as Attachment 2. Total fee is not to exceed the per incident cost as defined in the proposal as $24.00 per incident for contact year one and two, $25.00 per incident for contracts year three and four, and $26.00 per incident for contract year five. 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 October 1, 2021 and ending September 30, 2024 with the option to renew for two one-year periods, 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 21 of 27 1
June 1, 2021, Item #10following 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. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 22 of 27 2 City of Poway P.O. Box 789 Poway, CA 9207 4 Wittman Enterprises, LLC 11093 Sun Center Drive Rancho Cordova, CA 95670
June 1, 2021, Item #10Setting the Standard for EMS Billing 23 of 27 Wittman Enterprises, LLC 11093 Sun Center Drive Rancho Cordova, California 95670 www.webillems.com RFP Contact: Russ Harms Executive Director of Business Development (916) 669-4628 Direct Line rharms@webillems.com rl-:, (D V1 pJ ::J Cl... e: 0:. --., 0 m ~ V1 m
June 1, 2021, Item #10wittmanenurprises TABLE OF CONTENTS SECTION 1: About Wittman Enterprises Message from our CEO ................................................................................................... 2 About Us ........................................................................................................................... 3 Customized Solutions ........................................................................................................ 4 California Strong .................................................................................................................. 4 California EMS/Fire Partners (Proprietary and Confidential) ...................................................... 5 Southern California Footprint (Proprietary and Confidential) .................................................... 6 SECTION 2: Proiect Approach EMS Partner Satisfaction .................................................................................................... 7 Workload Accomplishment ................................................................................................. 7 Multilingual Staff .................................................................................................................. 8 Certified Ambulance Coders ............................................................................................... 8 Dedicated Response Time Commitment ............................................................................ 8 Billing to Payment Cycle ..................................................................................................... 8 Denied or Disallowed Claims ............................................................................................. 8 SECTION 3: Electronic Access to Records Client Portal and Electronic Dashboard ............................................................................... 9 SECTION 4: Cost Proposal Superior Performance ...................................................................................................... 13 EMS Billing Program: Proposed Fees ................................................................................ 13 City of Poway: Profile and Proposal for EMS Billing and Collection Services I 1 24 of 27
June 1, 2021, Item #10wittman enterprises SECTION 1: About Wittman Enterprises Message from our CEO March 25, 2021 Thank you for the opportunity to provide our Company Profile and introduce ourselves and our qualifications to your team. Since 1991 Wittman Enterprises, LLC has provided our clients complete fire and ambulance billing services in accordance with current local, state, and federal laws and statutes. We serve 129 EMS/Fire clients (110 in California, 22 in Los Angeles County)-and are the largest California-based billing company with the client base, patient database, and experience with fire departments and payers: for the most effective EMS billing and cost recovery possible. As an extension of your Fire/EMS program, Wittman Enterprises will maintain a strong customer service accountability platform providing your team with direct contact and real access to all management staff, starting with myself. Specialized staff are assigned to your team so that the Department has access to the person(s) on our team who can most help with whatever situation may arise. Our Client Liaison team is always available to help provide/identify key resources you may use to get the results you need. We use all resources necessary to provide the best in customer service and collect the most for our clients. Our ultimate focus is on, and has always been based on, the best patient and client service, billing results (accurate and legal billing and the highest cost recovery), and transparency (Client Portal, Reporting, Month-End-Reporting, KPls, etc.). I look forward to continue nurturing our longstanding partnership with the City of Poway and your patients. We embrace the philosophy that billing and collection for services must be handled efficiently and effectively, with our history and proven experience in emergency medical billing service. I encourage you to contact any of our numerous references to hear first-hand about the very positive relationships we so value with our EMS/Fire Partners Thank you for the opportunity to introduce our qualifications and commitment to your Unit. My best, WITTMAN ENTERPRISES, LLC (established 1991) Corinne Wittman-Wong, CEO 11093 Sun Center Drive I Rancho Cordova, CA 95670 (916) 669-4608 direct line I (855) 611-0056 toll-free I cwittmanwong@webillems.com City of Poway: Profile and Proposal for EMS Billing and Collection Services I 2 25 of 27
June 1, 2021, Item #10wittman emnprises About Us We provide industry-leading services to our EMS partners to help you continue providing cost-effective programs and responsive services enhancing the quality of life in your region, while balancing the financial accountability needs of your Unit. With a proven commitment to customer and patient service, Wittman Enterprises conducts your business as if your patients were our own. This starts with valuing customer service with everything we have done as a company since 1991 (living up to our Dedicated Response Time Commitment; providing Ongoing and Comprehensive Staff training; maintaining well-qualified Multilingual Staff; meeting regularly with our partners, etc.). Wittman was founded 30 years ago with the promise of providing expert and personal attention to our EMS/Fire partners and their EMS billing programs. This will never change. • Wittman is dedicated exclusively to the EMS/Fire industry and choose to be expert in that industry rather than diversify into other medical billing fields. • Our excellent reputation is gained from professional relationships with providers and third-party payers, as well as for our sensitive yet collection-oriented communications with patients and their representatives • We have a long and successful history of meeting and exceeding client expectations and service deadlines. • From the beginning of your project, we anticipate and manage for you issues such as Medicare compliance and revalidation, reconciliations of payments from legacy billing accounts, responses to legal and other requests, and customization of a reporting program surpassing your specific needs. • Since our only business is EMS/Fire billing, our specialized staff is dedicated and expertly trained in this field. • We are the only California-based billing company with the client base, patient database, and experience with multiple departments (and their payers) necessary for the most effective EMS billing program possible. • The importance of our business model is that any number of claims will be handled with the same quality assurance. • Our products and services are designed to ensure that EMS providers like Poway are reimbursed in a timely manner for services they provide. City of Poway: Profile and Proposal for EMS Billing and Collection Services I 3 26 of 27
June 1, 2021, Item #10wittman ente,prises Customized Solutions From the beginning, Wittman Enterprise has provided products and services specifically designed to assure that EMS Transport, First Responder, and Fire Service providers like you are reimbursed in a timely manner for the services they provide. We get our EMS partners their maximum reimbursement available by custom-fitting your needs with our proven solutions. Solutions include: • Ambulance Transport Billing and Fire Service Fee Recovery • ePCR Integration • First Responder Billing and Collection • Treat-no-Transport Billing and Collections (Assessments} • Membership Program Support • Patient Survey Program Support California Strong We do not believe that any California-based biller will provide as much in actual reimbursement or complete customer service as Wittman Enterprises has historically demonstrated. We have a proven record of collecting 10-20% more than our competitors. Out-of-state billing companies will not be able to arrive at these reimbursements either, due to their lack of billing and collection experience in the State California and inexperience with the multitude of California payers. California Support: GEMT/OAF/IGT/PPIGT (AB 1705) During the complicated design and implementation of the California GEMT program, Wittman Enterprises provided leadership and direct support for our clients throughout the process, working closely with the government ad fire architects of the program, providing multiple training opportunities for our clients and designing reports specifically related to the information needed when applying for GEMT funds. This industry support is part of our hands-on customer service and the resources we provide all of our California clients for IGT; GEMT (2011 ); GEMT OAF (2017); and now PPIGT (AB 1705, 2019). City of Poway: Profile and Proposal for EMS Billing and Collection Services I 4 27 of 27
June 1, 2021, Item #10Wittman enterprises SECTION 2: Project Approach EMS Partner Satisfaction The City of Poway will continue to count on Wittman Enterprises to conduct diligent, regular, and uninterrupted billing and collection services in a professional, businesslike manner. Our personal approach and higher levels of service greatly exceed industry standards. Yours and their expectations and overall satisfaction are attained through ongoing and regular training, continuous improvement, and our comprehensive auditing program. We maintain the industry-leading lowest claims-per-staff-ratio (generally 30% lower than our competitors) based on upholding the standard of practice our clients expect. Our comprehensive and ongoing training program allows us to continuously improve the business activities that we conduct of our clients and ensure that you receive the maximum legal reimbursement available. We do not strive to be the largest EMS billing company but expect to be the best. Workload Accomplishment Our EMS billing and collection success is tied directly to the ratio of PCRs to the number of quality people assigned to your project. We believe that people are the key to our success. Wittman innovates by fully embracing automated and technological advances while wholly recognizing that our quality service is reliant upon our talented people providing you the best level of service. Our approach provides the lowest claims-per-employee-ration, usually resulting in 10-20% higher collection rates than our competitors. 28 of 27 LOWEST CLAIMS-PER-EMPLOYEE RATIO --10-20°/o Higher Collection RatesTha Our Competitors City of Poway: Profile and Proposal for EMS Billing and Collection Services I 7
June 1, 2021, Item #10wittman enterprises Multilingual Staff Wittman Enterprises employs Spanish, Chinese, and Vietnamese-speaking Customer Service Representatives in management and non-management positions. Such valuable resources provide your patients with the highest quality of service possible. On rare occasions, if a patient speaks a language we are not staffed to service, we utilize Language Line Services to assist those customers effectively. Certified Ambulance Coders In addition to our continuous training programs, Wittman employs staff members certified by the National Academy of Ambulance Coding (NAAC), the nationally-recognized leader in Certified Ambulance Coding training. We provide regular training for our Certified Ambulance Coders (CACs), budgeting funds annually to certify additional coders and ensure that we constantly have ample certified individuals available to assist with all accounts. Dedicated Response Time Commitment Our goal is that each client and patient reach a live person when they call into our business office located near Sacramento, CA. If our EMS partners or their patients do not reach a live person during regular business hours, they will be provided the option to leave a voicemail and offered instructions on submitting an email or direct message inquiry. Wittman personnel will respond the same day during normal operating hours or within 24 business hours when that is not possible. Billing to Payment Cycle We believe in our people and our results speak for themselves. In addition to collecting from Medicare, Medicaid/Medi-Cal, and private insurance, we aggressively appeal all denials, research all private pay accounts to find viable insurance, and we work with patients to arrange alternate methods of repayment. Our 30 years of EMS billing success is a result of the ratio of quality people to the percentage of billed dollars collected. Using the right balance of electronic and human resources, Wittman Enterprises bills more than 600,000 claims annually and collections more than $300,000,000 annually for our clients. While technology is enormously helpful, it is only as good as the people managing it. Denied or Disallowed Claims Wittman Enterprises pursues every claim and follows through with every denial so that all legitimate revenue is collected on behalf of our clients. Denials are not accepted; in fact, as a guiding policy, we appeal all claims where the denial has appeal rights and we determine that an appeal is warranted. Additionally, Wittman demands payment with the appropriate interest from non-compliant insurance companies. We actively adhere to a significant number of Standard Operating Procedures covering numerous scenarios for processing denials from Medicare, Medicaid/Medi-Cal, and private insurance payers. City of Poway: Profile and Proposal for EMS Billing and Collection Services I 8 29 of 27
June 1, 2021, Item #10wittman enterprises SECTION 3: Electronic Access to Records Client Portal and Electronic Dashboard Wittman Enterprises secured internet access to our billing system via our Client Portal, 24 hours a day. No additional software is required for you to access the information through our secured website. It is reached through a secured login that is password protected. Information accessed from the Portal is in real time, allowing Unit personnel to view each claim wherever it is in the billing and collection process. Access to the Portal is granted only to pre-authorized Unit personnel with permission to view such information is strictly limited to the client's patient and run information. All patients may be referenced by name, date of service, incident, and run number. Your staff can print invoices for patients and run reports for their own use. Our system is Microsoft Windows-based, enabling data export by authorized staff for easy manipulation {Excel, PDF, Crystal, etc.). It also provides a clear and traceable audit train for initial client verification, billing notification, and phone contact. Moreover, our software automatically updates each individual account detailing date, change, or billing function. All history and noted entries become a permanent record and all charges are maintained for a complete payment history. Finally, the Client Portal provides an electronic dashboard accessible 24 hours a day that provides a one screen synopsis of the current state of the EMS billing operation, based on the preferences selected by each Client Portal authorized user. Login 30 of 27 ---Portal Login--------. enter your User ID and assword a d click Secure Login User ID: Password: Secure Login If~-,,., .11~ ..:x11~1 i•,i ·r:i,111 .11 y prd,I r,,,, 11.rr ir, i ir,. p'easo cal r9:;r;1 .,11 C::iG City of Poway: Profile and Proposal for EMS Billing and Collection Services I 9
June 1, 2021, Item #10wittman enterprises Preferences Net,_ tJ mi:. E.1 , ail t1,;i 11 ID: DI I ITab r .,,., ,'"-'(111 -.,_
~ f.._
,
l ('., t " · h lc11 ,c A,I i;I l:rtr '" T,ir,, ,. I fr.rr .inn f, t"'
.,,_. ~i .tr"V Ir fer 1inn-~rt,.z 1w,:i,.~I ,: I l::..r1n tH.trL -,ii,-Hi:.tt1•1 Ir lw:r il;rr 31 of 27 I ~-P.,~-.. re: Fl~,;nt: . 27:2 17 • , .. ,~ If €!.l'. f111L 0 1l•r.'11F lfl· ,i; • ·,i ·:.1'Prirt "" Jpr • ;,,.., • ~,ew _, • p,. • c.:..11.,>, ~,., •, • 1 i 'I: b: t;ia1 I >r b: • ,:.; s.>.Jf".1m; I 1..L: • i,.u :o11:1,,1f l1 • 1,-·,th -n ·r•h: [X,,r-.1 ;,, b: • • • • • rim;iry P.,•;or .. 1t tlt"\rti .~11ir~,1 P, v:11 c.,,~~mi~:, -fh 01ri: Rm)£! From ~ir~ B I m City of Poway: Profile and Proposal for EMS Billing and Collection Services I 10
June 1, 2021, Item #10wittman enterprises Dashboard 32 of 27 (l 12-10-t.111,,· ~ A ,.u -~1 . .s~.:.11 + Q !st . .-l·r,q.u l.11 ,.,.. '"AT., I/_ n ,r.,, 1.' ttl)t C. lls (:;,J071 F,lfl ,, I l()" I :f . 4:-t:" r ... 11 City of Poway: Profile and Proposal for EMS Billing and Collection Services I 11
June 1, 2021, Item #10wittman en top rises Statistics P 1 1 rll -·· f ~:1 Pa'.i"'n. ::.h r,e f-'il(l "i.1 Jfj -376 51 "812 In~.:. 1l .10 I 0 t"S'i 1" [lrJfl 10 .. t ?'.)00 . i.:o,:, 4LIUU f. 00 L City of Poway: Profile and Proposal for EMS Billing and Collection Services I 12 33 of 27
June 1, 2021, Item #10wittman entoprises SECTION 4: Cost Proposal Superior Performance ATTACHMENT 2 We are committed to competitive fees for our clients; however, we are not typically the "cheapest". We have chosen as part of our business model to charge a fair market rate that will still allow us to maintain a superior level of service with a staffing level that provides both exceptional collection results and unmatched customer service. Reducing fees to "beat" the competition would mean that we cannot provide the level of customer service and performance on which our company is built. EMS Billing Program: Proposed Fees Wittman Enterprises, LLC is pleased to offer the City of Poway all billing, collections, financial reporting, and accounts receivable management described in this Profile based on the following fee schedule options. Proposals are valid for 180 days following submission. Proposed fees are based on historic Poway payer mix, rates, and payer reimbursement rates. A minimal increase to our charged fees may be applied if any insurance reimbursement rate is reduced at any time during our contract term. Services Proposed Fee Ambulance Billing and Collection Services Contract Years 1 -2 Contract Years 3 -4 Contract Year 5 OPTIONAL SERVICE: Notice of Privacy Practices OPTIONAL SERVICE: Surveys to Patients $24 per incident received $25 per incident received $26 per incident received ~$0.70/mailing* ~$1.00/mailing** * Cost is strictly a pass-through cost to the City and will depend on the length of the NPP * * Cost is strictly a pass-through cost to the City for administration and mailing costs. Note: Wittman Enterprises, LLC provides complementary annual revenue enhancement training for EMS and financial staff upon request. This includes four (4) hours of teleconference, webinar, or ZOOM-facilitated training for Poway general staff, and six (6) hours for EMS/EMS management. Additional and/or onsite training as requested by the City of Poway will be at the contracted rate of $100 per hour (personnel rate) plus associated travel expenses. City of Poway: Profile and Proposal for EMS Billing and Collection Services I 13 34 of 27
June 1, 2021, Item #10EXHIBIT "8" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 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) 35 of 27 (!)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
June 1, 2021, Item #10Cal 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: 36 of 27 (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
June 1, 2021, Item #10Cal 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 II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 37 of 27 3
June 1, 2021, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway June 1, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ftJ<.. Jessica Parks, Utilities Administrator .:::J'? (858) 668-4703 or jparks@poway.org CITY COUNCIL Adoption of the City of Poway's 2020 Urban Water Management Plan and Addendum to the City of Poway's 2015 Urban Water Management Plan To confirm that water agencies are adequately planning to meet existing and future water demands under normal conditions and for extended dry periods, the California Department of Water Resources (DWR) requires water agencies that either provide over 3,000 acre-feet (AF) of water annually or serve more than 3,000 urban connections prepare an Urban Water Management Plan (UWMP). As the City of Poway (Poway) has approximately 14,200 water service connections and provides over 3,000 AF of water annually, staff has prepared Poway's 2020 UWMP which provides a framework for long-term water planning and develops a long-term water resource plan to ensure that enough water will be available to meet both current and planned water demands. Poway will also append its 2015 UWMP through an addendum to meet requirements of the Delta Plan Policy by demonstrating reduced regional reliance on the Delta. Recommended Action: It is recommended that the City Council take public input, close the public hearing, and adopt the Resolutions. Discussion: DWR requires urban water suppliers that either provide over 3,000 AF of water annually or serve more than 3,000 urban connections to submit an UWMP every five years (California Water Code §10610-§10656 and §10608). The format of the UWMP is highly prescribed by DWR in order to achieve informational consistency. Additionally, to be eligible for state grants and loan programs, an agency must have an updated DWR approved UWMP. Poway strives to continue to provide a safe and reliable supply of water to the customers within its service area through nearly 14,200 municipal service connections (as of 2020). To demonstrate future reliability, the 2020 UWMP discusses the following components: water demands, and system uses, 1 of 21
June 1, 2021, Item #11water use baselines and targets (to measure water conservation), water supplies, water supply reliability, water shortage contingency planning, and demand management measures. In order to comply with state law, Poway's 2020 UWMP must be finalized, adopted by the Council, and submitted to DWR by July 1, 2021. A public hearing must be held prior to the adoption of the 2020 UWMP and may be held in conjunction with the adoption hearing. Additionally, Poway will be appending its 2015 UWMP through an addendum to meet the requirements of the Delta Plan Policy WR P1 Reduce Reliance on the Delta through Improved Regional Water Self-Reliance (California Code of Regulations, Title 23 §5003) by demonstrating reduced regional reliance on the Delta. The 2020 UWMP will also meet the Delta Plan Policy WR P1 Delta requirements. 2020 UWMP Highlights Water Supply Reliability: The UWMP details the City's water reliability assessment through 2045. The City's water supply portfolio includes imported water purchased from the San Diego County Water Authority (SDCWA), recycled water purchased from the City of San Diego, and local surface water runoff from Lake Poway (which is variable and not included in the supply projections). Poway receives approximately 99% of its drinking water from SDCWA and therefore, Poway's UWMP is aligned with the SDCWA 2020 UWMP water supply and demand projections. SDCWA used a statistical modeling approach to develop its long-range demand forecast which included data from various sources including San Diego's Association of Governments (SANDAG) regional growth forecast. The SDCWA's 2020 UWM P reports that future imported and stored water would be sufficient to meet future demands of all its member agencies under normal conditions, as well as single dry year and multiple dry year assessments. The City utilized the demand forecast model prepared by SDCWA and Poway's historical water use data to formulate water use projections for 2025, 2030, 2035, 2040, and 2045. Poway's projected potable, raw, and recycled water demands are presented in Table 1 below. The projections also include active and passive conservation savings. "Active" conservation is water conserved by the implementation of demand management programs such as turf-replacement, or state-mandated water use reductions (e.g., no hosing off driveways, no runoff when irrigating, etc.). "Passive" conservation is water saved by the implementation of various regulations and codes such as appliance standards and the water efficiency landscape ordinance. Table 1: Total Potable and Raw Water Demands Total Potable and Raw Water Demands 2025 2030 2035 2040 2045 Baseline Water Demands 11,936 12,231 12,566 12,832 13,086 Recycled Water Demands (450) (450) (450) (450) (450) Active/Passive Conservation (1,399) (1,437) (1,527) (1,665) {1,590) Total Potable and Raw Water 10,087 10,344 10,589 10,717 11,046 Demands The total projected demands in Table 1 are Poway's forecasted water demands during an average year with normal precipitation as projected by the SDCWA. However, future water use in Poway is anticipated to be variable depending on the actual conditions throughout the year; and therefore, 2 of 21
June 1, 2021, Item #11water use during a dry year and wet year have also been projected based on Poway's historical demands and estimated range of demand projections founded on the type of year. Figure 1 illustrates projected demands during average, dry and wet years along with Poway's historical demands for the past twenty years. 17000 16000 15000 14000 +-' Q) 13000 Q) LL 2:: 12000 u <( 11000 10000 9000 8000 Figure 1: Historical and Projected Potable and Raw Water Demands -Historical -Projected (Average Year) Projected (Dry Year) -Projected (Wet Year) rl N rn ~ ~ ~ ~ oo m o rl N rn ~ ~ ~ ~ oo m o ~ o ~ o ~ o o o o o o o o o rl rl rl rl rl rl rl rl rl rl N N rn rn ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N Year Drought Risk Assessment: Pursuant to a new requirement from DWR, a water supplier must include in its 2020 UWMP a Drought Risk Assessment (DRA) to compare supplies and demands over a five-year consecutive dry period, or extended drought. Poway's ORA reports that during an extended drought, the City could purchase additional supplies from SDCWA to overcome shortages to fully meet projected demands. Table 2 demonstrates a dry five-year scenario with increased demands and supplies available. Table 2: Drought Risk Assessment Five-Year Drought Risk Assessment Table* 2021 2022 2023 2024 2025 Projected Normal Year 9,455 9,726 9,996 10,267 10,537 Demands (AFY) Demand Projection Multiplier 108% 112% 116% 120% 125% (Change from Normal Year) Projected Five-Year Drought 10,211 10,893 11,595 12,320 13,171 Demands (AFY) Total Supplies (AFY) 10,211 10,893 11,595 12,320 13,171 Surplus/Shortfall 0 0 0 0 0 Resulting % Use Reduction from 0% 0% 0% 0% 0% WSCP Action *Includes Recycled Water, Excludes Conservation 3 of 21
June 1, 2021, Item #11Compliance with SB Xl-7: The Water Conservation Act of 2009, known as SB X7-7, or 20% by 2020, required water suppliers to reduce their per person (or per capita) water use by at least 20% by the year 2020. Water suppliers that do not achieve the required water use reductions are potentially ineligible to receive State funding. Poway achieved its water use reduction goal, reducing water use by approximately 20% more than its target, as shown in Table 3. Poway's baseline gallons per person, per day (GPCD) was 263 GPCD. Poway was required to meet its SB X7-7 target of 210 GPCD by the end of 2020. Poway's actual 2020 per capita use was 167 GPCD. Table 3: SB X7-7 Target and Compliance SB X7-7 Target and 2020 Compliance Baseline GPCD SB X7-7 2020 Target Did Supplier Achieve (1999 -2008) GPCD Actual 2020 GPCD Targeted Reduction for 2020? 263 210 167 Yes Water Shortage Contingencv Plan: In order to comply with the State's new legislation, Poway developed a Water Shortage Contingency Plan (WSCP) to supplement its existing Water Conservation Plan (Poway Municipal Code Chapter 8.94). The City adopted the WSCP at its May 18, 2021 public hearing. Pursuant to the new legislation, Poway's WSCP addresses several new requirements, including, but not limited to: describing key attributes and procedures for conducting an annual water supply reliability assessment, crosswalk the State's six standard water shortage response levels to Poway's existing four levels, quantify estimated water savings associated with each shortage response action, describe communication protocols and public outreach measures, identify monitoring and reporting procedures to track compliance, and discuss methods to reevaluate and improve the WSCP. The WSCP document is included in the UWMP as Appendix G. The WSCP will be reviewed every five years in conjunction with the UWMP update and can also be updated as needed independent of the UWMP. 2015 UWMP Addendum on Delta Reliance: To address the requirements of the Delta Plan Policy WR P1 Reduced Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code of Regulations, Title 23 §5003), Poway is required to append its 2015 UWMP through an addendum to demonstrate reduced reliance on the Delta. DWR has proposed the Delta Conveyance Project to develop new diversion and conveyance facilities in the Delta necessary to restore and protect the reliability of State Water Project (the conveyance of water from the San Joaquin/Bay Delta area to Southern California) water deliveries. As part of assessing whether to approve the Delta Conveyance Project, DWR is preparing an environmental impact report pursuant to the requirements of the California Environmental Quality Act. As Poway does benefit from the proposed Delta Conveyance Project, documentation is required to be included in the City's 2015 and 2020 UWMP. UWMP Adoption: DWR requires water suppliers to conduct a public hearing to consider adoption of the 2020 UWMP. To streamline the process of a public hearing for both the 2020 UWMP and the 2015 UWMP addendum, Poway has elected to hold one public hearing for both UWMPs to receive public comments and adopt separate resolutions for each UWMP. Attachment A is the resolution for the 2020 UWMP, and Attachment C is the resolution for the 2015 addendum. 4 of 21
Environmental Review:
This item is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None with this action.
Public Notification:
The draft 2020 UWMP report was posted to the City's website, https://poway.org/317/Water, on
April 30, 2021. Water Code Section 10621 requires water agencies to notify key stakeholders, at
least sixty days in advance of the public hearing, that the UWMP is being reviewed and changes
to the plan are being considered. Notification letters were sent to SDCWA, the City of San Diego,
City of Escondido, Ramona Municipal Water District, the County of San Diego, the San Diego
Association of Governments, and the San Diego County Local Agency Formation Commission on
March 9, 2021. Per Water Code §10642, and in accordance with Government Code §6066, a
Notice of City Council Public Hearing was published in the Poway News Chieftain on Thursday,
May 20, 2021. A second Notice of City Council Public Hearing was published in the same
publication on Thursday, May 27, 2021.
Attachments:
A.Resolution Adopting the 2020 Urban Water Management Plan
B.Executive Summary of the 2020 Urban Water Management Plan
C.Resolution Adopting an Addendum to the 2015 Urban Water Management Plan on Delta
Reliance
D.Addendum for the 2015 UWMP Appendix H: Delta Reliance
E.An electronic copy of the complete 2020 Urban Water Management Plan is available at
https://poway.org/DocumentCenter/View/8190/Public-Review-Draft-2020-UWMP
Reviewed/ Approved By:
Assistant City Manager
5 of 21
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
June 1, 2021, Item #11
June 1, 2021, Item #11RESOLUTION NO. 21-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE CITY OF POWAY'S 2020 URBAN WATER MANAGEMENT PLAN WHEREAS, the California legislature enacted Assembly Bill 797 (Water Code §10610 et. seq., known as the Urban Water Management Planning Act of 1983, and as amended subsequently) (the "Act"), which mandates that every supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually, prepare an Urban Water Management Plan (the "Plan"), the primary objective of which is to plan for the conservation and efficient use of water; and WHEREAS, the City of Poway is an urban water supplier that provides service to approximately 14,200 connections (potable, raw, and recycled); WHEREAS, the Act requires the Plan to be reviewed at least once every five years, and that the City of Poway make any amendments or changes to its Plan which are indicated by the review; WHEREAS, in compliance with the Act the City of Poway has adopted a Plan in 1996 (Resolution No. 96-003), which was reviewed and modified by a Plan in 2000 (Resolution No. 00-118), which was reviewed and modified by a Plan in 2005 (Resolution No. 05-096), which was reviewed and further modified by a Plan in 2011 (Resolution No. 11-030), and which was most recently reviewed and modified by a Plan in 2016 (Resolution No. 16-015) (the "2015 Plan"); WHEREAS, the 2015 Plan was reviewed for consistency and compliance with the Act, resulting in the development of a new Plan (the "2020 Plan"), which is required to be submitted electronically to the California Department of Water Resources (DWR) by July 1, 2021, after public review and hearing; and a copy filed with the DWR and California State Library within thirty days of adoption; WHEREAS; while preparing the 2020 Plan, the City of Poway coordinated its efforts with other appropriate agencies in the area, including the San Diego County Water Authority, County of San Diego, City of San Diego, City of Escondido, Ramona Municipal Water District, San Diego County Local Agency Formation Commission and San Diego Association of Governments; WHEREAS; the City of Poway has prepared the 2020 Plan, which modifies the 2015 Plan, and evaluates future water supplies and demands over the next 25 years to assist with planning reasonable and beneficial use of water; tracks water conservation compliance; and provides information to the public about water supplies and water management programs in the Poway service area; and WHEREAS; the 2020 Plan was on file at the City of Poway Public Works Administration Building, on the City of Poway's website, and available for review by the public prior to a properly noticed public hearing held by the Poway City Council regarding said Plan on June 1, 2021. 6 of21 ATTACHMENT A
June 1, 2021, Item #11NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: In accordance with California Water Code §10652 of the Act, the preparation and adoption of the 2020 Plan is not subject to the California Environmental Quality Act Division 13 (commencing with section 21000) of the Public Resources Code. SECTION 2: The City of Poway 2020 Urban Water Management Plan is hereby approved and adopted by changes incorporated by the City Council as a result of input received (if any) at the public hearing and ordered filed with the City Clerk. The 2020 Plan hereby changes and replaces the 2015 Plan, which shall no longer be the Plan for the City of Poway effective immediately. SECTION 3: In accordance with Water Code§ 10621 (d) and 10644(a)(1 )-(2), an electronic copy of the Plan and Resolution will be submitted to DWR no later than July 1, 2021. SECTION 4: The City Clerk is hereby authorized and directed to file the 2020 Plan with the DWR and the California State Library within 30 days after this date. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of June 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 7 of 21
June 1, 2021, Item #11City of Poway 2020 Urban Water Management Plan Executive Summary The City of Poway (City or Poway) has prepared this 2020 Urban Water Management Plan (2020 UWMP or Plan) in accordance and compliance with the Urban Water Management Planning Act (UWMP Act). Poway's 2020 UWMP serves as the long-term planning document that will help to ensure the City can provide its customers with reliable water supplies through 2045. Pursuant to the requirements of CWC §10630.5, this Executive Summary (ES) provides a simple lay description of the information needed to provide a general understanding of this Plan and includes a description of the City's reliable water supplies, anticipated challenges, and strategies for managing system reliability risks. Each of the chapters included in this Plan are summarized in the subsequent sections, with key findings highlighted. ES 1. Introduction and Overview Poway strives to continue to provide a safe and reliable supply of water to the customers within its service area through 14,195 municipal service connections (as of2020). Under the UWMP Act, Poway is required to prepare an UWMP to provide a framework for long-term water planning and to develop a long-term water resource plan to ensure that enough water will be available to meet both current and planned customer water uses, also known as demands. This UWMP discusses the following components as related to the supplier: water demands and system uses, water use baselines and targets (to measure water conservation), water supplies, water supply reliability, water shortage contingency planning, and demand management measures. Poway is one of 24 member agencies of the San Diego County Water Authority (SDCWA), a water supply wholesaler. The City is known as a retail water supplier because it supplies water directly to customers. The City purchases all of its potable (or safe to drink) water supplies from the SDCWA in the form of raw, untreated water and treats the imported water to drinking water standards at the City's Lester J. Berglund Water Treatment Plant (WTP). Therefore, the City has coordinated this Plan with the SDCWA to accurately estimate its future water supplies. The City selected to report its data for this UWMP on a fiscal year basis as opposed to a calendar year basis, with fiscal year 2020 being the period between July 1, 2019 and June 30, 2020. The City chose to report water volumes in units of acre-feet (AF). One AF equals about 326,000 gallons, or enough water to cover an acre of land, about the size of a football field, one foot deep. ES 2. System Description The City of Poway encompasses approximately 39 square miles within San Diego County and is situated roughly 20 miles north of downtown San Diego. A map of the City and its water service area boundary is presented in Figure ES-1. The easternmost portion of the Poway (East Poway) is not connected to the municipal water system, and residents in this area receive their water from private groundwater wells. While this unconnected portion of the City is large in land area (about 29% of the City's total area), the unconnected population is relatively small (less than 1 % of the City's total population). Because population density significantly varies between the connected and unconnected portions of the City, Poway's service area population was estimated as 49,062 (as of 2020) using an alternative calculation method approved by California Department of Water Resources (DWR), which consisted of estimating the population of East Poway and subtracting it from the City's total population. The City's service area is mostly developed, and its population is only projected to increase by approximately 2,11 people, or roughly 4%, over the next 25 years. These regional growth projections are based on the San Diego Association of Governments (SAND AG) Series Public Review Draft Page ES-1 8 of 21 May 2021 ATTACHMENT B
June 1, 2021, Item #11City of Poway 2020 Urban Water Management Plan 14 (Version 17) Regional Growth Forecast, which was developed for its 2019 Federal Regional Transportation Plan and adopted by SANDAG's Board of Directors on October 25, 2019. Figure ES-1: Poway Service Area and City Boundary Legend D City of Poway Boundary Poway Water Service Area ,----___...~ Waterbody Poway's climate is typical of a Southern California coastal valley, with mild-to-moderate temperatures, marine breezes, and low humidity. In the City, average annual temperature is 72 degrees and average annual rainfall is between 9 and 14 inches. Poway experiences lower than average rainfall compared to the rest of the country and receives most of its rainfall within a relatively short period of time, both of which can present challenges to water supply planning. Most of the rainfall in the San Diego region occurs during the winter and spring months, creating a wet and a dry season. As a result, the City typically experiences two very different water consumption patterns, one during the wet season and another during the dry season, when outdoor water use significantly increases in response to little or no rainfall. Poway's WTP, reservoirs, distribution system, and billing system are all designed to accommodate weather-related variations in water use. Public Review Draft Page ES-2 9 of 21 May 2021
June 1, 2021, Item #11City of Poway 2020 Urban Water Management Plan Poway's General Plan and land use priority is to preserve a balance between the community's rural character and well-planned residential, commercial, and industrial development. The City largely supplies water to residential customers within its service area, which make up roughly 90% of Poway's customer base (as of 2020), and primarily consist of single-family residences. The remaining 10% of Poway's customer base includes commercial, industrial, landscape, and agricultural users. Poway has experienced a significant increase in commercial and light industrial development over the past 25 years, primarily due to development of the South Poway Business Park (Business Park), a 900-acre complex offering tenants high-quality infrastructure, numerous amenities, and plenty of open space in keeping with the City's rural surroundings. Poway does not expect a significant increase in commercial and industrial development in the future. Although there are some parcels still available for development within the Business Park, the complex has largely reached its maximum capacity. Poway does not have any significant demographic factors that would affect its water management planning. ES 3. System Water Use In fiscal year 2020, total potable and raw water demand in the City's service area was 8,774 AF (not including recycled water) as shown in Figure ES-2, of which 68% was for residential use (63% for single-family and 5% for multi-family), 11 % was for landscape use (6% of which consists of the raw water used to irrigate one commercial golf course), 13% was for commercial use, 1 % was for industrial use, and less than 1 % was for agriculture use. The City also sold 79 AF of treated water to SDCWA for sales to Ramona Municipal Water District. In 2020, total potable and raw water demand per person within the City's service area was approximately 158 gallons per capita per day (GPCD). Figure ES-2: 2020 Actual Water Use by Sector for Potable and Raw Water Agriculture <1% Landscape (Raw Water) 6% Landscape 5% Industrial 1% Commercial 13% Multi-Family Residential 5% Public Review Draft Page ES-3 10 of 21 Transfers to Other agencies 1% Losses 5% Single Family Residential 63% Single Family ■ Multi-Family ■ Commercial ■ Industrial I nstitutiona 1/Governmenta I ■ Landscape ■ Landscape (Raw Water) ■ Agriculture ■ Transfers to Other agencies ■ Other Losses May 2021
June 1, 2021, Item #11City of Poway 2020 Urban Water Management Plan Figure ES-3 presents Poway's historical (2010-2020) and projected (2025-2045) potable and raw water use. Figure ES-3: Historical and Projected Potable and Raw Water Demands 13,000 --Historical --Projected (Dry Year) 12,500 --Projected (Average Year) Projected (Wet Year) 12,000 11,500 11,000 LL ~ 10,500 "'O ; 10,000 E (1) 9,500 Cl 9,000 8,500 8,000 2010 2015 2020 2025 2030 2035 2040 2045 Year After dropping to a low of 9,021 AF in 2016 as a result of the State-mandated water use restrictions that were implemented during the drought, Poway's water use began to rebound. Although mandatory restrictions were lifted when drought conditions ended in 2017, water conservation and demand reduction measures have had a lasting effect on decreasing water use within the City's service area. Post-drought water use reached a high of 10,904 AF in 2018, compared to a pre-drought high of 12,681 AF in 2014. The "Projected (Average Year)" potable and raw demands presented in Figure ES-3 represent Poway's water use during a typical average year with normal precipitation as forecasted by the SDCWA (refer to Table 2-8 of SDCWA's 2020 UWMP). However, future water use in Poway is anticipated to be variable depending on the actual conditions throughout the year; and therefore, water use during a dry year and wet year have also been projected in Figure ES-3 based on Poway's historical demands. Poway supplied 411 AF of recycled water in fiscal year 2020, making its total potable, raw, and recycled water demand equal to 9,185 AF. By 2045, the City's total potable, raw, and recycled water demands (based on an average year) are projected to reach 11,496 acre-feet per year (AFY), which represents a 25% increase from the fiscal year 2020 demands. Because the City's recycled water demands are projected to remain constant around 450 AFY, this projected increase in total demand is expected to result from an increase in potable water demand as shown in Figure ES-4. Public Review Draft Page ES-4 11 of 21 May 2021
June 1, 2021, Item #11City of Poway 2020 Urban Water Management Plan Figure ES-4: Projected Demands for Potable, Raw, and Recycled Water by Use Sector Single Family ■ Multi-Family ■ Comme1-cial ■ Industrial ■ Landscape ■ Landscape (Raw Wate1-) 13,000 ■ Agriculture ■ Transfers to Other agencies Losses ■ Recycled 12,000 11,000 10,000 9,000 U::-8,000 ~ 7,000 -0 C ro 6,000 E Cl) Q 5,000 4,000 3,000 2,000 1,000 2020 2025 2030 2035 2040 2045 Year ES 4. SB X7-7 Baselines, Targets, and 2020 Compliance The Water Conservation Act of 2009, known as SB X7-7, requires the City to reduce its per person (or per capita) water use by at least 20% by the year 2020. Water suppliers that do not achieve the required water use reductions are potentially ineligible to receive State funding. As a result, SB X7-7 has been a driver of suppliers' efforts to establish, promote, and prioritize water conservation programs and demand management measures to reduce water use. Suppliers measure compliance with SB X7-7 by calculating baseline water use and comparing it to an established water use target. The City met its required water use reduction and is in compliance with SB X7-7. The City's actual water use in fiscal year 2020 was 167 GPCD, which is approximately 21 % less than its 2020 target water use of 210 GPCD. ES 5. System Supplies The City's water supply portfolio includes imported water purchased from the SDCWA, local surface water runoff from Lake Poway (which is variable and not included in the supply projections), and recycled water purchased from the City of San Diego. The City of Poway imports 99% of its water supplies from SDCWA, which are treated to drinking water standards at the City's WTP, along with any local water supplies obtained from Lake Poway. In fiscal year 2020, the City purchased 9,374 AF of imported raw water from the SDCWA. The SDCWA purchases water from the Metropolitan Water District of Southern California (MWD), sourced from both the Colorado River Aqueduct (CRA) and the State Water Project (SWP). The SDCWA also purchases desalinated seawater, which is treated to drinking water standards at the Claude "Bud" Lewis Carlsbad Desalination Plant (Carlsbad Desai Plant). Public Review Draft Page ES-5 12 of 21 May 2021
June 1, 2021, Item #11City of Poway 2020 Urban Water Management Plan In fiscal year 2020, Poway purchased 411 AF of recycled water from the City of San Diego to supply to its customers. Currently, the City provides recycled water for landscape irrigation in the South Poway Business Park. The City can purchase up to 650 AFY from the City of San Diego and will continue to explore feasible and cost-effective options to expand its recycled water use in the future. Additionally, the North County One Water Program could supply an estimated 18,000 AFY to 25,000 AFY or more of purified recycled water to the San Diego region for potable reuse by 2035. The City is supportive of this future project and is interested in purchasing up to 2,000 AFY of recycled water from it. Because this project is still considered "conceptual", meaning that it is in the pre-planning or pre-feasibility analysis stage, it was not factored into the City's future supply projections for this Plan. ES 6. Water Supply Reliability This Plan presents the City's water reliability assessments from 2025 through 2045. Consistent with the UWMP Act requirements, each assessment compares total projected water supply to total projected water demands in five-year increments over the next 20 years under the following scenarios: • Normal water year • Single dry-year • Multiple dry-year The purpose of this analysis is to help to identify whether potential supply reliability issues exist under the various hydrologic scenarios evaluated. As demonstrated in this section, no water shortages are projected under any of the hydrologic scenarios evaluated. The SDCWA's 2020 UWMP reports that it anticipates imported and stored water would be sufficient to meet future demands of its member agencies under the single dry year and multiple dry year assessment when accounting for changes in local supply availability and regional demands. Therefore, Poway could purchase additional supplies from the SDCWA to meet increased water demands. The City's recycled water supply is considered "drought-proof' because it is typically not vulnerable to drought conditions. Poway's recycled water supplier, the City of San Diego, also has the capacity to increase recycled water deliveries to Poway, up to 650 AFY, should recycled water demands increase during drought conditions. The reliability assessment results concluded that projected available supplies would meet anticipated demands, demonstrating that the City's water supply mix is reliable and drought resilient. Pursuant to a new requirement, a water supplier must also include in its 2020 UWMP a drought risk assessment (ORA) to compare supplies and demands over a five-year consecutive dry period, or extended drought. Based on the SDCWA's drought assessment presented in its 2020 UWMP, which showed sufficient supplies to meet member agency demands, Poway's ORA (evaluated for the years 2021 -2025) also assumed that the City could purchase additional supplies from the SDCWA to overcome shortages and concluded that projected available supplies would meet anticipated demands, demonstrating resiliency. ES 7. Water Shortage Contingency Plan The Water Shortage Contingency Planning chapter of this UWMP discusses the potential actions that Poway could take to address supply shortages due to a catastrophe, drought, or other supply disruption. It also highlights elements of the City's Water Conservation Plan, also known as its Water Shortage Contingency Plan (WSCP), including specific actions to be taken in response to various water shortage levels and the process of performing an annual water supply and demand assessment (Annual Assessment) to evaluate short-term reliability for the upcoming fiscal year. If the Annual Assessment anticipates that demands will exceed available supply, Poway's City Council will vote to Public Review Draft Page ES-6 13 of 21 May 2021
June 1, 2021, Item #11City of Poway 2020 Urban Water Management Plan determine the appropriate water shortage level and associated actions necessary to reduce demand to ensure adequate supply. Poway's WSCP (Water Conservation Plan, Poway Municipal Code Chapter 8.94) serves as the City's guiding document to respond to water shortages and includes information on the process to prepare the Annual Assessment; the water shortage levels, their response actions, and the expected water savings; and penalties for violating Chapter 8.94. The City activates its water shortage response levels in accordance with the levels, and associated mandatory water use restrictions, activated by the SDCWA. Pursuant to new 2018 legislation that was adopted in response to the recent severe drought, water suppliers must address several new requirements in their WSCPs, one of which includes updating from four (4) to six (6) standard water shortage response levels (progressive ranges of 10%, 20%, 30%, 40%, 50%, and greater than 50% shortage) or cross-walking the six (6) standard levels to the supplier's existing four (4) stages. The City's WSCP will be updated to comply with the new requirements and will be considered for adoption at a public hearing on May 18, 2021. ES 8. Demand Management Measures The Water Code defines "Demand Management" as water conservation measures, programs, and incentives that prevent the waste of water and promote reasonable and efficient use and reuse of available supplies. Demand management measures (DMMs) are developed and implemented for the purpose of reducing overall demand on a water supplier. Demand reductions can be achieved using several methods including water conservation, which is a relatively low-cost way to supplement water supply that is typically easy to implement. Water conservation measures have evolved over time. In the 1990s, DMMs were focused on reducing indoor water use, mainly through replacement of low-efficiency plumbing fixtures (i.e., toilets, showerheads) with more efficient, low-flow fixtures. Once significant reductions in indoor water use were realized as a result of fixture replacement, new measures focused on reducing outdoor water use were implemented and remain the primary focus of today's DMMs. Water conservation is a key component in Southern California's strategy to meet water demand, and Poway has demonstrated its commitment to water use efficiency and conservation by proactively supporting City, SDCWA, and MWD water conservation programs since the early 1990s. Water conservation programs offered by the City, either on its own or in combination with the Water Authority and MWD, include: • Water conservation rebates and incentives • Commercial and residential conservation audits and surveys • Professional and residential workshops • Public outreach and education (i.e., newsletters) • Large landscape budgets (i.e., Turf Replacement Program) Additionally, adoption of SB X7-7 in 2009, as discussed in Section ES-4, has promoted DMMs for the purpose of reducing demands to meet the required water use reductions. The City's participation in these water conservation programs aided in the achievement of its targeted reduction and compliance with SB X7-7. Table ES-1 presents a summary of Poway's participation in rebate and incentive programs over the past five years. Public Review Draft Page ES-7 14 of 21 May 2021
June 1, 2021, Item #11City of Poway 2020 Urban Water Management Plan Table ES-1: Summary of Poway's Participation in Rebate and Incentive Programs Program City of Poway Participation (2016-2020) Regional WaterSmart Turf Replacement 7 4 rebates issued for replacement of over 78,000 and Sustainable Landscapes Programs square feet of turf 855 rebates issued for installation of over 2,061 SoCal Water$mart Residential Program indoor and outdoor water-efficient devices, contributing to an estimated savings of nearly 246 acre-feet of water over the devices' useful lives. 24 rebates issued for installation of over 9,029 indoor SoCal Water$mart Commercial, and outdoor water-efficient devices, contributing to an Industrial, and Institutional (CII) Program estimated savings of nearly 182 acre-feet of water over the devices' useful lives. Audits and Surveys 104 WaterSmart Checkups and 6 landscape irrigation surveys performed ES 9. Plan Adoption, Submittal, and Implementation The City will hold a public hearing to review public comments on its Draft WSCP on Tuesday, May 18, 2021. The City will hold another public hearing on Tuesday, June 1, 2021 to review public comments on its Draft 2020 UWMP and an Addendum to the 2015 UWMP on Delta Reliance. Poway's 2020 UWMP, WSCP, and Addendum to the 2015 UWMP Delta Reliance will be considered for adoption immediately following each respective public hearing with conditions to address public comments included in the adopted resolutions, if applicable. At least 60 days prior to the public hearing, on March 9, 2021, the City notified the appropriate agencies, cities, and counties. The City will also publish notices of each public hearing in the Poway News Chieftain, a local newspaper of general circulation, twice ( once a week for two successive weeks), pursuant to Government Code 6066. Copies of the Notices of Public Hearing published in the Poway News Chieftain, the City Council agenda reports, and the signed resolutions of adoption will be included as an appendix to the final UWMP. Following adoption, the City will submit its final 2020 UWMP and WSCP to DWR electronically through DWR's online submittal tool within 30 days. Public Review Draft Page ES-8 15 of 21 May 2021
June 1, 2021, Item #11RESOLUTION NO. 21-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING AN ADDENDUM TO THE 2015 URBAN WATER MANAGEMENT PLAN WHEREAS, the California legislature enacted Assembly Bill 797 (Water Code §10610 et. seq., known as the Urban Water Management Planning Act of 1983, and as amended subsequently) (the "Act"), which mandates that every supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually, prepare an Urban Water Management Plan (the "Plan"), the primary objective of which is to plan for the conservation and efficient use of water; WHEREAS, the City of Poway is an urban water supplier that provides service to approximately 14,200 connections (potable, raw, and recycled). WHEREAS, the Act requires the Plan to be reviewed at least once every five years, and that the City of Poway make any amendments or changes to its Plan which are indicated by the review; WHEREAS, pursuant to the Sacramento-San Joaquin Delta Reform Act of 2009 (Water Code §85000, et seq.), the Delta Plan, and Water Code §85201, which declares that the State's policy is to "reduce reliance on the Delta in meeting California's future water needs through a statewide strategy of investing in improved regional supplies, conservation, and water use efficiency," urban water suppliers are encouraged by the California Department of Water Resources (DWR) and the Delta Stewardship Council (DSC) to consider adopting an Addendum to their 2015 Plans to demonstrate consistency with the Delta Plan Policy WR P1 to Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (Cal, Code Regs. Title 23, §5003); WHEREAS, the City of Poway has prepared an Addendum to its 2015 Plan in accordance with the Delta Plan Policy WR P1, and in accordance with applicable legal requirements, has undertaken certain coordination, notice, public involvement, public comment, and other procedures in relation to its Addendum; WHEREAS; in accordance with the Act and Delta Plan Policy WR P1, the City of Poway has prepared its Addendum to the 2015 Plan with its own staff, with the assistance of consulting professionals, and in cooperation with other governmental agencies, and has utilized and relied upon industry standards and the expertise of industry professionals in preparing its Addendum to its Plan, and has also utilized DWR's Urban Water Management Plan Guidebook 2020, including its related appendices, in preparing its Addendum to the 2015 Plan; WHEREAS; in accordance with applicable law, including Water Code §10642, and Government Code §6066, a Notice of a Public Hearing regarding Poway's Addendum to the 2015 Plan was published in the Poway News Chieftain on Thursday, May 20, 2021, and a second Notice of City Council Public Hearing was published in the same publication on Thursday, May 27, 2021; and WHEREAS; in accordance with applicable law, including but not limited to Water Code §10642, a public hearing was held on June 1, 2021 in order to provide members of the public and other interested entities with the opportunity to be heard in connection with proposed adoption of the Addendum to the 2015 Plan and issues related thereto. 16 of 21 ATTACHMENT C
June 1, 2021, Item #11NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: In accordance with California Water Code §10652 of the Act, the preparation and adoption of the Plan, including addenda thereto, is not subject to the California Environmental Quality Act Division 13 (commencing with section 21000) of the Public Resources Code. SECTION 2: The Addendum to the City of Poway's 2015 Urban Water Management Plan to demonstrate consistency with the Delta Plan Policy to Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance is hereby approved and adopted as amended by changes incorporated by the City Council as a result of input received (if any) at the public hearing and ordered filed with the City Clerk; SECTION 3: In accordance with Water Code§ 10621 (d) and 10644(a)(1 )-(2), an electronic copy of the Addendum and Resolution will be submitted to DWR no later than July 1, 2021. SECTION 4: The City Clerk is hereby authorized and directed to file the Addendum to the 2015 Plan with the DWR and the California State Library within 30 days after this date. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of June 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 17 of 21
June 1, 2021, Item #11City of Poway 2015 Urban Water Management Plan Appendix H. Addendum on Delta Reliance Appendices 18 of 21 ATTACHMENT D June 2020
June 1, 2021, Item #11Reporting on Reduced Delta Reliance Regulatory Background Urban water suppliers that anticipate participating in or receiving water from a proposed project, such as a multiyear water transfer, conveyance facility, or new diversion that involves transferring water through, exporting water from, or using water in the Sacramento-San Joaquin Delta (Delta) are required to demonstrate reduced reliance on the Delta in their 2015 and 2020 Urban Water Management Plans (UWMPs) that can then be used in the certification of consistency process to demonstrate consistency with Delta Plan Policy WR Pl, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (California Code Regulations, Title 23, §5003}.1 The Delta Plan Policy WR Pl identifies UWMP as the tool to demonstrate consistency with the state policy that suppliers that carry out or take part in covered actions must reduce their reliance on the Delta. 2 The City of Poway's (City or Poway) information on its reduced reliance on the Delta is documented below and can be used in future certifications of consistency with WR Pl for potential future water supply covered actions in the Delta. City of Poway Reliance on Delta Watershed Poway currently purchases about 99% of its water supply from the San Diego County Water Authority (SDCWA). All of the water the City purchases from SDCWA is raw water, which is treated at the City's Water Treatment Plant (WTP) and distributed to customers through the City's potable water system. Purchased water from the SDCWA includes both raw imported water and a blend of treated imported and desalinated seawater. The rest of Poway's supply comes from two sources, raw water from Lake Poway and recycled water from the City of San Diego. Lake Poway captures a small amount of rain and surface runoff during rain events; however, because the quantity of Lake Poway runoff is relatively minimal, not reliable, and offset by naturally occurring evaporation and seepage, it is not considered a planned water supply source. Therefore, nearly all of Poway's potable water is sourced from the SDCWA through raw water purchases. SDCWA's imported water supplies are primarily sourced from the Colorado River via transfers from Imperial Irrigation District (IID), and from the State Water Project (SWP) and Central Valley Project (CVP} via Metropolitan Water District of Southern California (MWD). Poway's only imported water supplies that originate in the Delta watershed are imported water supplies delivered by the SDCWA via the Metropolitan Water District of Southern California (MWD). Recognizing that the Delta supplies are threatened by uncertain long-term reliability issues associated with drought shortages, climate change, seismic events, environmental impacts, and flow restrictions, and that imported water purchases are becoming increasingly expensive, the City has taken actions to reduce demand for imported water from SDCWA, as supplied by MWD, and is continuing to explore future opportunities to continue to reduce its reliance on imported water. 1 Draft Urban Water Management Plan Guidebook 2020, California Department of Water Resources, August 2020, p. C-1. 2 Ibid., p. C-2. 19 of 21
June 1, 2021, Item #11As part of its Draft 2020 UWMP, SDCWA completed a Delta Reliance analysis to evaluate reduced Delta reliance consistent with Appendix C in the California Department of Water Resources, {DWR) Final UWMP Guidebook 2020 {DWR Guidebook). Given that Poway1s only potential source of water from the Delta watershed is water purchased from SDCWA, the City relies on SDCWNs Delta reliance analysis to also demonstrate reduced regional reliance on the Delta. SDCWA Reduced Reliance on Delta Watershed SDCWNs Draft 2020 UWMP documents consistency with WR Pl by quantifying the water supplies that contribute to regional self-reliance and demonstrating reduced reliance on the Delta watershed, as summarized below. Quantification of Water Supplies that Contribute to Regional Self-Reliance Water suppliers must report the expected outcome for measurable improvement in regional self-reliance as a reduction in water used from the Delta watershed. Table 1 lists the sources of water supplies and volumes that contribute to regional self-reliance.3 As shown in the table, SDCWNs reliance on the Delta watershed, and consequently Poway1s reliance on the Delta watershed, decreases over time as the percent of water supplies that contribute to regional self-reliance increase over time. Poway1s individual supplies that contribute to regional self-reliance can be found in Chapter 5: System Water Supplies of the City1s 2015 UWMP and 2020 UWMPs. Table 1-Calculation of Supplies Contributing to Regional Self-Reliance Baseline 2045 Water Supplies Contrlbutinc to Recional Self-Reliance (Acre•Fttt) (2010) 2015 2020 2025 2030 2035 2040 (opt) Water Use Efficiency 79,960 6,737 74,141 62,411 66,921 73,035 81,625 85,698 Water Recycling 33,668 38,660 40,459 42,993 46,493 46,593 46,693 46,793 Stormwater Capture and Use Advanced Water Technologies 56,000 56,000 56,000 56,000 56,000 56,000 Conjunctive Use Projects Local and Regional Water Supply and Storage Projects 235,924 250,436 355,120 402,599 423,959 484,021 480,521 480,521 Other Pro9:rams and Projects the Contribute to Regional Self-Reliance Water Supplies Contributing to Regional Self-Reliance 349,552 295,833 525,720 564,003 593,373 659,649 664,839 669,012 Service Area Water Demands without Water Use Efficiency Baseline 2045 (2010) 2015 2020 2025 2030 2035 2.040 (opt) Service Area Water Demands without Water Use Efficiency 795.410 654,022 661,722 618.169 645,165 671,509 695,860 716,469 Baseline 2.045 Chance in Recional Self Reliance (Acre-Feet) (2010) 2015 2.020 2025 2030 2035 2.040 (opt) Water Supplies Contributing to Re11:ional Self-Reliance 349,552 295,833 525,720 564,003 593,373 659,649 664,839 669,012 Change in Water Supplies Contributing to Regional Self-Reliance (53,719) 176,168 214.451 243,821 310.097 315.287 319,460 Chance in Percentace Recional Self Reliance Baseline 2045 (As a Percent of Water Demand without WUE) (2010) 2015 2020 2025 2030 2035 2040 (opt) Percentage of Water Supplies Contributing to Regional Self-Reliance 43.9'¾ 45.2% 79.4% 91.2% 92.0% 98.2% 95.5% 93.4'¾ Chan Re in Percenta,re of Water Supplies Ccntributinl,l to Rel,lional Self-Reliance 102.9% 180.8% 207.6% 209.3% 223.5% 217.4% 212.S~f Demonstration of Reduced Reliance on Water Supplies from the Delta Watershed Water suppliers are required to report on the expected outcomes for measurable reductions in water supplies from the Delta watershed. For Poway, the only potential source of water from the Delta watershed is water purchased from SDCWA via MWD. Because water provided by MWD to SDCWA can include supplies that commingle Delta watershed and CVP supplies, SDCWA {and therefore Poway) must wholesale incorporate the MWD1s forecast as a reasonable methodology 3 Draft 2020 UWMP, San Diego County Water Authority, March 2021, Appendix J, Table 2. 20 of 21
June 1, 2021, Item #11to forecast the percent of MWD water supply from the Delta watershed and the CVP, at least until MWD provides the methodology approved by the DSC as anticipated. To serve as placeholder for this requirement, Table 2 calculates the reduced reliance on the Delta watershed within the entirety of the MWD service area. 4 Table 2 -Calculation of Reliance on Water Supplies from Delta Watershed 5 Baseline Water Supplies from th• D1lta Wat1rsh1d (Acr1-F11t) (2010) 2015 2020 2025 2030 2035 2040 2045 (opt) CVP/SWP Contract Supplies 1,472,000 1,029,000 984,000 1,108,670 1,108,670 1,108,670 993,980 993,980 Delta/Delta Tributary Diversions Transfers and Exchanges 20,000 44,000 91,000 8,000 8,000 8,000 8,000 8,000 Other Water Supplies from the Delta Watershed Total Water Supplies from the Delta Watershed 1,492,000 1,073,000 1,075,000 1,116,670 1,116,670 1,116,670 1,001,980 1,001,980 I Bas1lin1 Service Area Water Demands without Water Use Efficiency (2010) 2015 2020 2025 2030 2035 2040 2045 (opt) I service Area Water Demands without Water Use Efficiency Savings 5,493,000 5,499,000 5,219,000 4,598,000 4,737,000 4,877,000 4,981,000 5,100,000 Chance in Supplies from the D1lta Watershed (Acre-Feet) Baseline (2010) 2015 2020 2025 2030 2035 2040 2045 (opt) Total Water Supplies from the Delta Watershed 1,492,000 1,073,000 1,075,000 1.116,670 1,116,670 1,116,670 1,001,980 1,001,980 Change in Water Supplies from the Delta Watershed (419,000) (417,000) (375,330) (375,330) (375,330) (490,020) (490,020) Chane• In Percentace of Supplies from th1 Delta Watershed Baseline (As a Percent of Water Demand w/out WUE) (2010) 2015 2020 2025 2030 2035 2040 2045 (opt) Percentage of Total Water Supplies from the Delta Watershed 27.2% 19.5% 20.6% 24.3% 23.6% 22.9% 20.1% 19.6% Change in Percentage of Water Supplies from the Delta Watershed -7.6% -6.6% -2.9% -3.6% -4.3% -7.0% -7.5% The CVP/SWP contract supplies in Table 2 include MWD's SWP Table A and Article 21 supplies.6 The values in Table 2 do not include supplies from San Luis Carryover storage or Central Valley storage programs. The transfers and exchanges of supplies from the Delta watershed shown in Table 2 include supplies from the San Bernardino Valley MWD Program, Yuba River Accord Purchase Program, the San Gabriel Valley MWD Program, and other generic SWP and Central Valley transfers and exchanges. Additional information can be found in Section 3.2 and Appendix 3 of MWD's Draft 2020UWMP.7 4 Draft 2020 UWMP, Metropolitan Water District of Southern California, February 2021, Appendix 11, Table A.11-3. 5 Metropolitan Water District of Southern California, Draft 2020 UWMP, February 2021, Appendix 11, Table A.11-3. 6 Ibid., p. A.11-7. 7 Ibid., pgs. A.11-7 -11-8. 21 of 21
June 1, 2021, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway June 1, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance~ Aaron Beanan, Director of Finance 858-668-4411 or abeanan@poway.org Shadi Sarni, Principal Civil Engineer 858-668-4717 or ssami@poway.org CITY COUNCIL Provide Water Infrastructure Improvement Program Update and Adopt a Resolution Authorizing Reimbursement of Certain Water Capital Improvement Expenditures from the Proceeds of Future Indebtedness This report will provide an update on the Water Infrastructure Improvement Program ("Water Program"), current planning and design level cost estimates, and the benefits of adopting a resolution authorizing reimbursement of certain water capital improvement expenditures from the proceeds of future indebtedness ("Reimbursement Resolution") for these projects. Recommended Action: It is recommended that the City Council adopt a resolution authorizing reimbursement of certain water capital improvement expenditures from the proceeds of future indebtedness. Discussion: As previously discussed at the City Council Meetings on March 18, 2020, June 16, 2020, October 20, 2020, November 17, 2020, and March 16, 2021, to improve the reliability, redundancy and resiliency of Poway's water system, the City is embarking on a significant capital improvement program (Water Program). The Water Program is comprised of the Clearwell Bypass, the Clearwell Replacement, and the San Diego County Water Authority (SDCWA) Treated Water Connection projects. In addition, these projects meet the objectives of the Settlement and Release Agreement between the City of Poway and the State Division of Drinking Water (DDW). The Clearwell Bypass Project is an enabling project for the Clearwell Replacement Project. It includes construction of a bypass system that consists of two temporary 1 .4-million-gallon storage tanks, pipelines, a pump station and a pressure reducing station. Once the bypass system is operational, the Clearwell can be taken offline for replacement. The Clearwell Replacement Project's scope consists of replacing the existing 10 million-gallon Clearwell with two new storage tanks built to industry standards. The SDCWA Treated Water Connection project 1 of7
June 1, 2021, Item #12provides the City of Poway with its first treated water connection, allowing for additional resiliency and flexibility in the water operations system. Project cost estimates are inherently filled with uncertainty. However, the uncertainty decreases as a project moves further into the project life cycle. For example, planning level cost estimates have a higher degree of uncertainty increasing risk the actual project expenditures will deviate from the cost estimate. Design level cost estimates, on the other hand, have a higher degree of certainty decreasing risk the actual project expenditures will deviate from the cost estimate. The Water Program is currently in various stages of the project life cycle. The Clearwell Bypass Project is currently being designed. The design level project cost estimate for this project is approximately $10 million. The Clearwell Replacement and the San Diego County Water Authority projects are currently being planned. The planning level project cost estimate for the Clearwell Replacement Project is approximately $32 million and for the SDCWA Treated Water Connection project is approximately $27 million. This information is summarized in the table below along with the estimated construction date. Project Construction Date Cost Estimate Level Cost Estimate Clearwell Bypass September 2021 Design Level $10,200,000 Clearwell Replacement March 2023 Planning Level 32,200,000 SDCWA Treated Water Connection May 2024 Planning Level 27,100,000 Total $69,500,000 Additionally, staff held a town hall meeting on May 10, 2021 to provide an overview of the upcoming projects and why these projects are critical to ensure a safe and reliable water supply. Over thirty people attended the town hall format that included a question and answer session with staff. Project Financing As discussed in the November 17, 2020 staff report, there are several approaches to financing these projects. For example, they can be financed using a pay-go approach (using cash on hand and yearly rate increases to provide the necessary cash flow) or debt. As staff had indicated in that staff report, comparing cash on hand to the estimated cost of the projects helps determine which funding option may be most appropriate. When cash on hand exceeds the estimated cost of the proposed project, there is a strong argument for pay-go financing. When the estimated cost of the proposed capital projects exceed cash on hand, there is a strong argument for debt financing. Current cost estimates for the Water Program are $69.5 million, which exceed the current cash on hand, or the approximately $11 million on hand in the Water Operations Fund as of June 30, 2020. Another factor to consider when specifically looking at capital projects financed by water rate payers is how pay-go financing impacts the annual water rates. Water rates could be increased over the next three to five years to finance the program. However, based on the estimated cost of the Water Program the annual increases to rate payers would be so large that it would be financially unfeasible for many rate payers. This would create an undue burden on rate payers and impact the sustainability of the water enterprise. Based on the potential cost of the Water Program and the impact to rate payers under a pay-go approach, debt financing is a reasonable solution. Debt financing provides the cash upfront to construct the projects while spreading the repayments out over a longer time horizon. This helps 2 of7
June 1, 2021, Item #12create intergenerational equity by aligning the Water Program costs to the people who benefit from the projects. When debt is issued, current rate payers would not be responsible for fully funding projects today that will have a useful life beyond 30 years. Reimbursement Resolution The Water Program is a multi-year program with cash flow needs that are projected to span four to five years. Issuing debt now for the full estimated cost of $69.SM would be inappropriate for several reasons. The timing and cost estimates for the later phases of the program (e.g. Clearwell Replacement) will likely change as discussed above. This could result in under or over issuing debt. It also increases the near-term burden on ratepayers earlier than the project timing would require. Further, investors would be unlikely to support a debt issuance for a project that is still years from being constructed. Most importantly, it would fail to meet certain requirements allowing the debt issuance to be tax exempt. Given the number of projects and time horizon for construction it is appropriate to align debt financing with the cash flow needs of the program for a couple reasons. Having the flexibility to issue debt when cash flow dictates (typically around when construction is anticipated to begin) and when the debt sale can be optimized to market conditions helps ensure ratepayer impacts are minimized (e.g. they are not paying for debt earlier than necessary). Issuing tax-exempt bonds instead of taxable bonds also provide a benefit to rate payers because they are issued at a lower interest rate than taxable bonds. All else being equal, this provides a lower cost of debt which translates to a lower impact to rate payers. The Internal Revenue Service ("IRS") requires that bond proceeds from a debt issuance can only be used to pay for capital improvement expenditures expended not more than 60 days prior to the issuance of bonds in order for the bonds to qualify as tax exempt. While this requirement was put in place to limit the potential for abuse, it also limits the flexibility in timing a debt issuance and could drive up costs for rate payers. Through Code of Federal Regulations (CFR) Title 26 Section 1.150-2 et seq. the IRS has provided agencies issuing tax exempt debt a tool to help maintain the benefits associated being able to time a debt issuance. To maintain the bonds tax-exempt status and allow capital improvement expenditures to occur outside of the 60-day window, the IRS allows an agency to pass a Reimbursement Resolution prior to that 60-day window. To help minimize the potential for abuse while still allowing agencies flexibility in their debt issuances, the Reimbursement Resolution requires certain items to demonstrate good faith. For example, two requirements supporting this are that the resolution must contain a general description of the projects as well as the maximum principal amount of debt expected to be issued for such purposes. Timing of bond sales would be optimized to provide flexibility to issue based on cash flow needs and market conditions helping lower costs to rate payers. Preserving the tax-exempt status of the debt issuance also save rate payers money. As such, staff recommends Council adopt a Reimbursement Resolution to afford the City flexibility to time debt issuances and preserve the debts' tax-exempt status under IRS regulations. IMPORTANT This recommendation does not obligate the Council to issue debt and does not authorize the issuance of debt. By law, Council must approve the issuance of debt. Staff will return to Council for their consideration of any debt issuances related to the Water Program. 3 of7
June 1, 2021, Item #12Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is no direct fiscal impact associated with adopting the Reimbursement Resolution. It provides the City with the legal mechanism to ensure capital expenditures related to the Water Program can be recuperated in the event the City chooses to issue debt to finance these projects. Staff will return to Council soon with a recommended approach to finance the Water Program. Public Notification: None. Attachments: A. Resolution ofThe City Council ofThe City of Poway Regarding Its Intention to Issue Tax-Exempt Obligations for Its Water System Reviewed/ Approved By: We,nd Kaserman Assistant City Manager 4of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
June 1, 2021, Item #12RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY CALIFORNIA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR ITS WATER SYSTEM WHEREAS, the City of Poway (the "City") proposes to undertake the financing of the acquisition and construction of certain improvements, betterments, renovations and expansions of facilities within its water system (as described in Exhibit A, collectively, the "Project"); WHEREAS, the City intends to finance the acquisition, construction and installation of the Project or portions of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and WHEREAS, the City desires to pay certain costs with respect to the Project prior to the issuance of the Obligations from available moneys of the City and to reimburse itself for such costs from a portion of the proceeds of the sale of the Obligations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council of the City of Poway (the "City Council") hereby specifically finds and declares that each of the statements, findings and determinations of the City that are set forth in the above recitals are true and correct. SECTION 2: The City reasonably expects, and hereby states its intention, to reimburse itself for Project costs incurred prior to the issuance of the Obligations with proceeds of the Obligations. Exhibit A describes either the general character, type, purpose, and function of the Project or the fund or account from which Project costs are to be paid and the general functional purpose of the fund or account. SECTION 3: The reasonably expected maximum principal amount of the Obligations that is anticipated to be used for such reimbursement is $69,500,000. SECTION 4: Except as described in Section 8 below, this resolution is being adopted not later than 60 days after the payment of the original expenditures (the "Expenditures Date or Dates"). SECTION 5: Except as described in Section 8 below, the expected date of issue of the Obligations will be within 18 months of the later of: (a) the Expenditure Date or Dates; or (b) the date that the Project is placed in service; provided that the reimbursement may not be made more than three years after the Expenditure Date or Dates. SECTION 6: Proceeds of the Obligations to be used to reimburse the City for Project costs are not expected to be used, within one year of reimbursement, directly or indirectly to pay debt service with respect to any obligation ( other than to pay current debt service coming due within the next succeeding one year period on any tax-exempt obligation of the City (other than the Obligations)) or to be held as a reasonably required reserve or replacement fund 5 of7 ATTACHMENT A
June 1, 2021, Item #12with respect to an obligation of the City or any entity related in any manner to the City, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. SECTION 7: This resolution is consistent with the budgetary and financial circumstances of the City as of the date hereof. No moneys from sources other than the Obligations are, or are reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside by the City (or any related party) pursuant to their budget or financial policies with respect to the Project costs. To the best of our knowledge, this City Council is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax exempt obligations have not been issued. SECTION 8: The limitations described in Sections 4 and 5 above do not apply to: (a) costs of issuance of the Obligations; (b) an amount not in excess of the lesser of $100,000 or five percent (5%) of the proceeds of the Obligations; or ( c) any preliminary expenditures, such as architectural, engineering, surveying, soil testing, and similar costs other than land acquisition, site preparation, and similar costs incident to commencement of construction, not in excess of twenty percent (20%) of the aggregate issue price of the Obligations that finances the Project for which the preliminary expenditures were incurred. SECTION 9: This resolution is adopted as official action of the City in order to comply with Treasury Regulation § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of City expenditures incurred prior to the date of issue of the Obligations, is part of the City's official proceedings, and will be available for inspection by the general public at the main administrative office of the City. SECTION 10: This resolution shall take effect immediately. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of June, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 6 of7
June 1, 2021, Item #12EXHIBIT A DESCRIPTION OF PROJECT • Clearwell Bypass Project • Clearwell Replacement Project • San Diego County Water Authority Treated Water Connection Project • Pipelines that provide redundancy and operational flexibility 7 of7