Cities Index.
Agenda packet

Oxnard City Council
June 20, 2023

Document
Agenda packet
Meeting
June 20, 2023
Body
Oxnard City Council
Pages
11
Original file
694.4 MB
Text extracted from the city's file for reading and search. Open the original on oxnardca.api.civicclerk.com. That file is the official record.

ADOPTED by the City Council of the City of Oxnard at a regular meeting of said Council held on the 20th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
1727

EXIBIT A

OXNARD DOWNTOWN MANAGEMENT DISTRICT
2023-24 ASSESSMENT ROLL
APN 2023-24
ASSMT
2010113110 3971.92
2010160170 1604.22
2010160180 1818.50
2010160190 1040.34
2010160200 2024.80
2010160250 1175.82
2010160260 2270.30
2010211010 2040.27
2010211170 1940.33
2010211180 1419.23
2010211190 1649.16
2010211200 1686.84
2010211210 1688.20
2010212010 1614.42
2010212020 1393.77
2010212030 1386.89
2010212060 1318.04
2010212070 1479.12
2010212140 1371.04
2010212150 3128.24
2010212165 1698.69
2010212170 1743.45
2010212180 1032.75
2010212200 784.14
2010212230 1249.19
2010212260 1899.51
2010212270 1493.28
2010213010 1243.32
2010213020 754.64
2010213030 935.01
2010213075 582.50
2010213080 1256.68
2010213090 1325.65
2010213100 684.09
2010213110 248.88
2010213120 62.22
2010213150 566.12
2010213160 2629.99
2010214020 3294.19
2010214030 2309.08
2010214040 2897.17
2010271030 684.09
2010271040 646.44
2010271060 703.80
2010271070 909.60
2010271080 1279.08
2010271090 627.30
2010271100 856.80
2010271110 856.80
2010271160 248.88
2010271170 1463.64
2010271180 2957.18
2010272010 1180.83
2010272040 62.22
2010272060 1797.75
2010272100 1736.55
2010272110 992.40
2010272120 1361.05
2010272140 627.30
2010272150 1802.34
2010272160 844.17
2010272180 1487.94
2010272190 62.22
2010272210 474.30
2010272220 1263.78
2010272230 1832.37
2020083030 1381.28
2020083040 62.22
2020083050 1668.82
2020083060 1202.15
2020083070 1435.57
2020083210 2381.97
2020083220 918.00
2020085030 843.42
2020085040 904.70
2020085050 3681.59
2020092050 1296.60
2020092060 1322.63
2020092070 2448.00
2020092130 1365.60
2020092140 2310.30
2020092190 3028.46
2020094010 2092.12
2020094020 1226.45
2020094035 2649.96
2020094040 2099.16
2020094050 1276.02
2020094060 1523.88
2020094080 2073.13
2020094240 1702.32
2020095090 1474.92
2020095100 1357.89
2020095110 841.50
2020095120 4435.29
2020095140 2785.38
2020095150 1686.84
2020095160 1686.84
2020096050 1754.91
2020096060 1402.70
2020096070 1530.00
2020096080 3265.98
2020096105 2677.42
2020096110 1363.09
2020101190 711.61
2020101420 1366.11
2020101445 2312.38
2020103090 795.60
2020103100 2269.15
2020103120 2043.26
2020103195 2296.96
2020103245 2534.46
2020104015 3886.20
2020104165 2829.62
2020104395 9008.56
2020104415 2469.71
2020104425 2120.07
2020104435 3524.30
2020105100 7328.70
2020105295 2851.17
2020105325 2705.65
2020105335 2378.21
2020106120 1063.74
2020106130 1758.58
2020106140 3847.62
2020106355 2082.33
2020106370 1067.19
2020106380 1067.31
2020106390 1050.11
2020106400 2211.28
2020106410 2620.20
2020107080 2409.36
2020107110 2205.12
1728

EXIBIT A

OXNARD DOWNTOWN MANAGEMENT DISTRICT
2023-24 ASSESSMENT ROLL
2020107160 1303.56
2020107170 1545.16
2020107235 3147.21
2020107240 3222.18
2020107250 1640.77
2020131030 895.05
2020131040 1747.57
2020131050 1855.14
2020131060 1704.22
2020131070 2042.90
2020131230 1386.18
2020133010 1484.10
2020133020 1013.64
2020133030 841.50
2020133040 841.50
2020133050 62.22
2020133060 841.50
2020133210 3519.90
2020135025 1368.84
2020135035 6364.80
2020141060 1032.75
2020141070 619.65
2020141080 1199.52
2020141090 1199.52
2020141100 62.22
2020141110 1927.80
2020141155 62.22
2020141165 62.22
2020141175 62.22
2020141185 62.22
2020141195 62.22
2020141205 62.22
2020141215 62.22
2020141225 62.22
2020141235 62.22
2020141245 62.22
2020141255 62.22
2020141265 62.22
2020141275 62.22
2020141285 62.22
2020141295 62.22
2020141305 62.22
2020141315 62.22
2020141325 62.22
2020141335 62.22
2020141345 62.22
2020141355 62.22
2020141365 62.22
2020141375 62.22
2020141385 62.22
2020141395 62.22
2020141405 62.22
2020141415 62.22
2020141425 62.22
2020142160 6533.10
2020143015 3376.40
2020143025 1524.08
2020143030 1015.00
2020143040 877.83
2020143050 619.65
2020143140 3938.83
2020143230 1904.85
2020143240 1689.18
2020143250 1260.39
2020144170 951.05
2020144180 1110.51
2020144190 1170.21
2020144200 1023.37
2020144210 1079.71
2020144230 1781.51
2020144250 1294.48
2020144260 947.72
2020144270 1049.76
2020144290 853.07
2020144300 981.34
2020145010 3468.51
2020145030 1221.29
2020145050 1795.83
2020145060 1179.71
2020145110 1667.70
2020145120 841.50
2020145130 1557.54
2020145140 1484.10
2020145220 4770.07
2020145230 1198.11
2020145240 1327.29
2020146010 1935.45
2020146020 1120.74
2020146030 1051.89
2020146040 742.05
2020146050 948.60
2020146070 1335.96
2020146080 776.49
2020146090 604.35
2020146100 1017.45
2020146110 604.35
2020146120 604.35
2020146130 879.75
2020146140 2747.35
2020146150 1428.94
2020146180 2280.29
2020146190 604.35
2020146200 604.35
2020146210 604.35
2020146220 4889.15
2020380015 62.22
2020380025 62.22
2020380035 62.22
2020380045 62.22
2020380055 62.22
2020380065 62.22
2020380075 62.22
2020380085 62.22
2020380095 62.22
2020380105 62.22
2020380115 62.22
2020380125 62.22
1729

META ST
S D ST
S D ST

W THIRD ST

W FOURTH ST

W SECOND ST

W FIFTH ST E FIFTH ST

E FOURTH ST

W SIXTH ST

W SEVENTH ST E SEVENTH ST

EIGHTH ST
S “A” ST

S OXNARD BLVD
S “B” ST

S OXNARD BLVD
S “B” ST S “B” ST
S “A” ST
S “C” ST S “C” ST S “C” ST

E SIXTH ST

LIBRARY

HERITAGE
SQUARE
POST
OFFICE
CAM
P
P
P
P
P
P
P
P P
P
P
P
P
P
PS
OFD
SRVC
CTR
CITY
ADMIN
OPD
REC

COUNCIL

CENTENNIAL
PLAZA
OXNARD

TRANSIT
CENTER
P
PLAZA
PARK
GULL
WINGS

MAP NOTTO SCALE
ODMD

BOUNDARY P PS
PUBLIC

PARKING
LOTS

PARKING

STRUCTURE

OXNARD DOWNTOWN MANAGEMENT DISTRICT
1730
Downtown Oxnard Improvement Association
Proposed FY 2022-23 Work Plan Outline
Oxnard Downtown Improvement District | Work Plan Outline District Identity & Placemaking
Enhance Downtown’s Brand, improve perception, and tell a positive story of the district attractions to position to be a competitive business and cultural attraction in the regional market. DIPM projects include those that market and promote the District or promote positive aspects of Downtown Oxnard. Issues may include: branding of the district, public relations, newsletter, special events, website development and maintenance, banner program, streetscape issues including landscaping design, tree selection, street light standards, holiday decorations, visual linkages, improvements to public spaces in the district, walking maps, brochures, social media, pedestrian signage from train station, management of news racks, etc.

Projects:
► Design new District brand identity (logo)
► Execute targeted business promotions – Small Business Saturday, “taco tours,” etc. ► Promote cultural arts assets – Teatro, Open Door Studio, murals, Heritage Square, etc. ► Provide guidance and oversight to third-party event organizers to ensure maximum benefit to downtown merchants and prevent negative issues Organization Administration
Position DOIA as the official voice representing the qualified and quantified interests of district property owners, merchants and residents. Organization Administration oversees staff and district administration and consulting contracts, corporate finances, insurance, grants, development of budget, Board agendas and meetings, correspondences, outreach, bylaws and Board policies, relations with the Mayor and Supervisor’s office, and public agencies, Board elections, fundraising, annual election of Board members.

Projects:
► Increase frequency and range of stakeholder communications: Email bulletin, website, BID services guide, text messaging, posters, etc.
► Recruit additional qualified, committed Board members ► Represent DOIA and make presentations/provide updates to key community organizations: Merchants Association, Chamber, INCF, City CAGs, Visit Oxnard, etc. ► Host 2 business networking events annually
► Publish and distribute annual report
► Enlist Board members to make public comments at City Council at least once per month ► Promote DOIA office as stakeholder drop-in resource center ► Conduct bi-weekly merchant store visits
► Conduct courtesy calls to all property owners to gauge concerns & confirm contact info ► Develop a volunteer recruitment, training and recognition program ► Provide ongoing Board Development training - Brown Act, Roberts Rules, etc. ► Develop fundraising plan to augment and diversify funding sources 1731
Oxnard Downtown Improvement District
Proposed FY 2022-23 Work Plan Outline
Downtown Oxnard Improvement Association | Work Plan Outline

► Attain 10,000 Instagram followers
► Host 2 art exhibits per year in DOIA office/ gallery space ► Develop themed Social Media posting schedule
► Develop a series of stock branding ads and submit to area newspapers as PSA. ► Issue at least one press release bi-monthly on Downtown events & attractions. ► Assist merchants in getting listed on Google and social media ► Update media contacts database
► Organize cooperative marketing opportunity (i.e., VC Reporter page, off-site displays, etc.) ► Launch 2 new media channels – TikTok and NextDoor
► Commission 4 more Utility Box Art murals (including re-do of 1) ► Advocate for City to develop new sustainable landscape plan ► Install street pole banners –DOIA & community partner designs (Oxnard College) ► Launch campaign for succulent donations to supplement sidewalk planters ► Create new Plaza Park Pagoda holidays display
Civil Sidewalks
Maintain a clean and safe Downtown, including store frontage, public parking lots, and alleyways.

Civil Sidewalks oversees maintenance provider contracts involved in the improvement of the public rights of way, including sidewalk sweeping, steam cleaning, landscaping, personnel, and nonpersonnel expenses. It also manages relations with OPD and Public Works Department.

Projects:
► Host monthly meetings with Clean Team, PD, District Safety, and Homeless Services. ► Coordinate with social service agencies and Homeless services to outreach and direct unsheltered persons to available resources
► Conduct a stakeholder survey to identify District priority concerns and efficacy of services. ► Schedule a Crime-free business workshop to promote CPTED and other deterrents ► Procure additional trash receptacles for eastside district ► Educate merchants on benefits of locking trash enclosures and avoiding overfilling ► Organize two (2) volunteer district clean-up events
► Advocate for signage replacement in public parking lots to prevent illegal camping ► Label trash & recycle bins to encourage source separation and reduce recyclables theft 1732
Oxnard Downtown Improvement District
Proposed FY 2022-23 Work Plan Outline
Downtown Oxnard Improvement Association | Work Plan Outline

► Create “District Baseline-Enhanced Services” manual with schedules & contacts ► Promote City Environmental Resources services – Electronic waste disposal, mattress recycling, etc.

Land Use
Parking, transportation, mobility, planning, zoning, link to Metrorail station, review of new developments, and outdoor dining encroachments.

Projects:
► Collaborate with City Economic Development to produce a Developers Fair ► Promote downtown investment opportunities (available buildings and spaces.) ► Continue to work with commercial RE brokers to promote downtown opportunities ► Promote available incentives (loans, tax credits, permit assistance, etc.) ► Recruit “destination-type” merchants (eg. brewery, Lassen’s, candy shop, pet supply, etc.) ► Update demographics data and re-design DOIA business recruitment packet ► Educate owners and contractors on “good design” through partnerships with industry professionals and trade schools, participate in Downtown Design Review Committee ► Partner with Code Compliance to eliminate excessive signage and habitual violations ► Advocate for public restrooms
► Identify and plan additional lighting enhancements
► Identify, promote and facilitate access to technical assistance and resources available through Cal State CI, SCORE, SBDC, EDC-VC, WEV, etc.
► Advocate for Oxnard Blvd improvements – design and code standards to achieve “complete streets” vision
1733

DOWNTOWN OXNARD IMPROVEMENT ASSOCIATION
FY22-23 OPERATING BUDGET - DEC 1 TO NOV 30
Totals
Period Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 FY 22-23 % to Total Revenue
Carryover Funds Contribution 25,000 25,000 4.55%
Assessment Revenue 75,000 190,000 - - - 230,000 - - - - 495,000 90.07% Rental Income 1,500 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 18,550 3.38% Events Income - - - - - - - 9,000 - - - - 9,000 1.64%
Other - - - - - - - - - - - - 0 0.00%
Total Revenue 101,500 1,550 191,550 1,550 1,550 1,550 231,550 10,550 1,550 2,550 2,550 1,550 549,550 100.00% Total Income 101,500 1,550 191,550 1,550 1,550 1,550 231,550 10,550 1,550 2,550 2,550 1,550 549,550 Program Expenses
Civil Sidewalks
District Maintenance Services Contract 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 230,000 DMS Reimburse - Supplies, Uniforms, Tools - 2,000 - - - 2,000 - - - - 2,000 - 6,000 PSC Contract 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 75,000 Civil Sidewalks Total 25,417 27,417 25,417 25,417 25,417 27,417 25,417 25,417 25,417 25,417 27,417 25,417 311,000 56.75% District Identity & Placemaking
Advertising 300 300 300 300 300 300 300 300 300 300 300 300 3,600 Banners - - - - 5,000 - - - - - - - 5,000
Creative Agency 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 36,000 Events Production
Holiday décor - 15,000 - - - - - - - - - 12,500 27,500
Printing & Production 250 250 250 250 250 250 250 250 250 250 250 250 3,000 Public Art - - - 500 - - 500 - 500 - - - 1,500
Sponsorship - 250 - - - - - - - - - - 250
Website Hosting 50 50 50 50 50 50 50 50 50 50 50 50 600 District Identity & Placemaking Total 3,600 18,800 3,550 4,050 8,550 3,550 4,050 3,550 4,050 3,550 3,550 16,050 76,850 14.02% Administration & Operations
Accounting 300 950 - 300 - - 300 - - - - - 1,850
Board Meeting Support 50 50 50 50 50 50 50 50 50 50 50 50 600 Conferences & Education 50 50 50 50 50 50 50 50 50 50 50 50 600 Dues & Subscriptions 15 75 75 15 765 375 215 15 15 15 15 415 2,010 Equipment Lease 370 165 370 165 165 165 370 165 165 370 165 165 2,800 Insurance (commercial liability, D&O) 225 225 225 225 225 225 225 225 225 225 225 2,425 4,900 License & Permits - - - - 75 - - - - - - - 75
Offices Supplies 50 50 50 50 50 50 50 50 50 50 50 50 600 Postage 5 5 5 175 5 5 5 5 5 175 120 175 685
1734
Rent - Office 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 25,200 Repairs & Maintenance 50 50 50 50 50 50 50 50 50 50 50 50 600 Salaries - Executive Director 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 70,000 Salaries - Administrative 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 26,000 Payroll Taxes 750 750 750 750 750 750 750 750 750 750 750 750 8,996 Workers Compensation Insurance 75 75 75 75 75 75 75 75 75 75 75 75 900 Employee Benefits 500 500 500 500 500 500 500 500 500 500 500 500 6,000 Telephone & Internet 300 300 300 300 300 300 300 300 300 300 300 300 3,600 Travel 25 25 25 25 25 25 25 25 25 25 25 25 300
Utilities 350 350 350 350 350 350 350 350 350 350 350 350 4,200 Miscelleaneoous 25 25 25 25 25 25 25 25 25 25 25 25 300 Administration & Operations Total 13,240 13,745 13,000 13,205 13,560 13,095 13,440 12,735 12,735 13,110 12,850 15,505 160,216 29.23% Total Program Expenses 42,256 59,961 41,966 42,671 47,526 44,061 42,906 41,701 42,201 42,076 43,816 56,971 548,066 100.00% Net Income (Loss) 59,244 (58,411) 149,584 (41,121) (45,976) (42,511) 188,644 (31,151) (40,651) (39,526) (41,266) (55,421) 1,484 Cumulative Net Income (Loss) 59,244 832 150,416 109,295 63,318 20,807 209,451 178,300 137,648 98,122 56,856 1,434 1,484 1735
2023 ANNUAL LEVY AND

ASSESSMENT FOR DOWNTOWN
Emilio Ramirez, Director
Housing Department
City Council
June 20, 2023
1736
Background 2

1. California Streets and Highway Code authorizes cities to establish property and business improvement districts and assess and collect fees on real property for purpose of making improvements and promoting activities that benefit real property within the district.

2. In 2001, City Council established Oxnard Downtown Management District (the “District”), a 40-block property based business improvement district

3. On July 16, 2019 City Council re-established the District for a five year period from Fiscal Year 2019-20 to Fiscal Year 2023-24

4. A Management District Plan was adopted with budget allocations for the five year period

5. On June 1, 2021, City signed a Management and Disbursement Agreement with the public benefit nonprofit now known as the Downtown Oxnard Improvement Association (“DOIA”)

6. The Agreement requires DOIA to submit the Annual Assessment materials for Council approval of levy and collection of assessments.
1737
Annual Levy 3
Formula is set forth in Management District Plan approved by City Council 2% increase (first increase in this five year cycle)
Revenue from assessment
$359,074.50 – private owners
$153,329.38 – public agencies
$512,403.88 TOTAL REVENUE
1738
Use of Assessments 4
The District Plan identifies the following core functions:

1. District Identity and Placemaking: Promotions and
marketing of events and businesses, arts, and holiday
displays

2. Civil Sidewalks: Street, sidewalk, alley and parking lot cleaning, public safety program

3. Administration: stakeholder communications and support, business networking events merchant visits, and
coordination with the City.
1739
Recommendation 5
That the City Council adopt a resolution authorizing the assessment and collection of fees within the Oxnard Downtown Management District for Fiscal Year 2023-2024.
1740
End of Presentation
6 1741

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.7
DATE: June 20, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Fourth Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Refuse Collection Vehicles for the Environmental Resources Division. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.
(Public Works and Transportation Committee approved 3-0.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/XJ8j7Q9RvMo

BACKGROUND
On June 30, 2020, Council approved Agreement A-8221 with Amrep U.S.A, Inc. (Amrep) in the amount of $621,600 through June 30, 2021 for the rental of seven refuse collection vehicles for ER. On October 20, 2020, Amrep legally transferred Agreement A-8221 to Big Truck Rental, LLC (BTR). Below is the history of Agreement A-8221 and the amendments:

Table 1
Agreement A-8221 COUNCIL DATE CUMULATIVE AMOUNT TERM DATE Original Agreement June 30, 2020 $621,600 June 30, 2021 First Amendment June 15, 2021 $1,243,200 June 30, 2022
Second Amendment December 20, 2021 $1,707,200 June 30, 2022 Third Amendment June 21, 2021 $3,168,8000 June 30, 2023 Fourth Amendment June 6, 2023* $4,463,035 June 30, 2024 *Pending City Council action
This Fourth Amendment allows for the continued use of rental collection vehicles to fill-in for unforeseen vehicle breakdowns and routine maintenance for existing fleet. Additionally, rental vehicles provide capacity support in compliance with the State’s SB 1383 mandate to collect residential and commercial organic waste. 1742

DISCUSSION
ER is requesting to amend the contract with BTR for an additional 12 months due to the aging fleet of refuse collection vehicles. This will allow for uninterrupted daily refuse collection services for residential and commercial customers.

During the next 12 months, ER and Fleet Services staff will pursue alternative options such as purchase or lease purchase options of refuse collection vehicles to determine the best value for ER operations.

The intent of the original agreement for vehicle rentals was twofold. First, the agreement allowed the ability to rent vehicles while other ER vehicles are taken out of service for maintenance and repairs. Secondly, rental vehicles were needed while the Environmental Resources (ER) Division waited for the delivery of 26 new CNG refuse collection vehicles. The final delivery of the 26 new vehicles occurred in June 2022. However, these 26 vehicles do not make up the entire ER fleet of vehicles and as such, some older high-maintenance vehicles are still in use.

Currently, there are 23 refuse collection vehicles that have more than 100,000 miles and average over 18 years of inservice use. These 23 refuse collection vehicles were purchased for $3,587,265 and to date, over $10M has been spent on labor and parts to keep them operable. These vehicles are extremely complex, with several mechanical, electrical, and hydraulic systems requiring upkeep and repairs. These systems are used repetitively throughout the daily use of these vehicles, resulting in significant wear on the parts. The cost to maintain them typically becomes higher the older they get and the time it takes to repair them gets extended. As such, ER will potentially rent 5 to 10 vehicles per month depending on the status of operating refuse collection vehicles. The Amendment also allows the return of any of the refuse collection vehicles on an as-needed basis, and without monetary penalty from BTR.

STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT
The cost for this Fourth Amendment to Agreement No. A-8221 with BTR is $1,294,235 for a total new agreement value of $4,463,035. The annual estimated spending plan is $1,294,235 for the next fiscal year. Sufficient appropriations are included in the proposed FY2023-24 Environmental Resources Operating Fund (631) budget.

Estimated Spending Plan
ER Fund/Account FY 2023-24 TOTAL
6313632-57000 $776,541.00 $776,541.00
6313633-57000 $517,694.00 $517,694.00
TOTAL $1,294,235 $1,294,235

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on May 23, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Fourth Amendment to A-8221

2. A-8221 through 3rd Amendment

3. Assignment and Assumption to Agreement No. A-8221

4. Presentation
1743
1744
Agreement No. A-8221

FOURTH AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT This Fourth Amendment (“Fourth Amendment'') to the master equipment lease/rental (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of June 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Big Truck Rental, LLC (“BTR”). This Fourth Amendment amends the Agreement entered into on June 16, 2020, by City and Amrep Manufacturing Company, LLC. This agreement was assigned to BTR on October, 20, 2020. The Agreement previously has been amended on June 21, 2022, by a Third Amendment, on December 21, 2021, by a Second Amendment, and on June 15, 2021, by a First Amendment.

City and BTR agree as follows:

1. The reference to Exhibit “A” and Exhibit “B” everywhere they are listed in the Agreement are hereby amended to Exhibit “C”. The Exhibits “A” and “B” are hereby disincorporated; instead, Exhibit “C” is attached hereto and incorporated herein by this reference.

2. The lease/rental terms set forth in Exhibit “C” of the Agreement are hereby extended on a month-to-month basis for an additional twelve (12) months for a maximum lease/rental term of forty-eight (48) months.

3. "A section 19 is added after section 18 in the agreement. Section 19 shall read:

Iran Contracting. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any SERVICE PROVIDER that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the SERVICE PROVIDER is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A SERVICE PROVIDER is ineligible to submit a proposal for any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the SERVICE PROVIDER engages in investment activities in Iran. SERVICE PROVIDER must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F and must be submitted with their proposal. Failure to do so may deem the proposal non- responsive."

4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]

FOURTH AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT 1 of 4
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Agreement No. A-8221
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD BIG TRUCK RENTAL, LLC
☐John C. Zaragoza, Mayor
1 Date Scott Smith Date
☐Jennifer Yates, Purchasing Agent 2 Director of Municipal Sales Eric Voss Date
ATTEST: Vice President, Sales
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
2 The Purchasing Agent may execute any authorized agreement up to $200,000.

The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 1 The City Council must authorize and the Mayor must execute any agreement over $200,000.

FOURTH AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT 2 of 4
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Agreement No. A-8221
Exhibit - C
Front End Loader and Side Loader Refuse Trucks

FOURTH AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT 3 of 4
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Agreement No. A-8221

FOURTH AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT 4 of 4
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FOURTH AMENDMENT TO AGREEMENT
A-8221 WITH BIG TRUCK RENTAL, LLC FOR

RENTAL OF REFUSE COLLECTION TRUCKS
Public Works and Transportation Committee
May 23, 2023
City Council
June 20, 2023
Brian Yanez
Assistant Public Works Director
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That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.

Recommendation 2
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That the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.

Recommendation 3
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• June 30, 2020 - Council approved Agreement A-8221 with Amrep for rental of seven commercial refuse collection
vehicles
• October 20, 2020 - Amrep legally transferred Agreement A-8221 to Big Truck Rental, LLC (BTR)
Background 4
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• Below is the history of Agreement A-8221 and the
amendments:

Background 5
AGREEMENT A-8221 COUNCIL DATE CUMULATIVE
AMOUNT

TERM DATE
Original Agreement June 30, 2020 $621,600 June 30, 2021 First Amendment June 15, 2021 $1,243,200 June 30, 2022
Second Amendment December 20, 2021 $1,707,200 June 30, 2022 Third Amendment June 21, 2021 $3,168,800 June 30, 2023
Fourth Amendment June 6, 2023* $4,463,035 June 30, 2024 *Pending City Council action
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• ER Division is requesting to amend contract with BTR for an additional 12 months due to the aging fleet of refuse collection vehicles
• ER and Fleet Services staff will pursue alternative options such as purchase or lease purchase of refuse collection vehicles to determine the best value for ER operations
• The intent to rent refuse collection vehicles is as follows:
• Maintenance and repairs
• Unforseen breakdowns
• While waiting on purchases due to the long lead times Discussion 6
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• This Fourth Amendment allows for uninterrupted daily refuse collection services for residential and commercial customers • Additionally, rental vehicles provide capacity support in compliance with the State’s SB 1383 mandate to collect
residential and commercial organic waste
Background 7
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• 23 refuse collection vehicles that have an average of 100,000 miles and average up to 18 years in service
• These 23 vehicles were purchased for $3,587,265 and to date, over $10M has been spent on labor and parts to keep them operable
• ER will potentially rent up 5 to 10 vehicles per month depending on the status of operating refuse collection vehicles
• The amendment allows the return of any of the refuse collection vehicles on an as-needed basis, and without monetary penalty from BTR
Discussion 8
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• The cost for this Fourth Amendment to Agreement No. A-8221 with BTR is $1,294,235 for a total new agreement value of $4,463,035
• Funding shall be requested in the Environmental Resources Fund (631) during the annual budget process
Financial Impact 9

ESTIMATED SPENDING PLAN
ER Account FY 2023-24 TOTAL
6313632-57000 $776,541.00 $776,541.00
6313633-57000 $517,694.00 $517,694.00
TOTAL $1,294,235 $1,294,235
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QUESTIONS
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.8
DATE: June 20, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Professional Services Agreement 32400003 with Northern Digital, Inc. (NDI) for Supervisory Control and Data Acquisition Systems (SCADA) Support Services. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. (NDI) for an amount not to exceed $1,000,000 for a three year term for supervisory control and data acquisition (SCADA) support services for the water, wastewater, and recycled water systems. (Public Works and Transportation Committee approved 3-0.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/CmSoCQuRjWY

BACKGROUND
SCADA systems are complex communication and control systems. They include the integration of hardware, software, and firmware and are critically essential to the operation of Oxnard’s water, wastewater, and recycled water systems.

SCADA systems are used by staff to monitor and control critical components such as valves, pumps, and motors. They also act as the notification mechanism for alarms in case of system failures or emergencies that require immediate attention.

Troubleshooting, upgrading, and maintaining the utilities SCADA systems requires a very specialized expertise, obtained from qualified people or outside contractors. Historically, the Water and Wastewater Divisions relied on specialized resources obtained by outside contractors. Wastewater does not have a SCADA position in the Council-approved position control roster and as such uses an outside contractor for this critical work. Water has a position, but it has been mostly vacant until December of last year. For Water, now that the internal SCADA position is filled, NDI’s support services will be used for complex integration and programing and when the SCADA needs cannot be performed by internal staff due to complexity or the volume of work.

Outside support is critical to have for on-call and emergency SCADA issues for the water, wastewater, and recycled water systems. The support includes diagnostic testing, programming, software, hardware, instruments, radio and computer network communications, electrical, computer repair and replacement and cyber security.

The following systems and components are monitored through each SCADA system:

Water System Components:

Desalter treatment plant
Drinking water wells
Chemical systems
Blending and Remote stations
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Wastewater System Components:

Oxnard Wastewater Treatment Plant
Sewage pumping stations
Recycled Water System Components:

Advanced Water Purification Facility (AWPF)
Recycled water pipeline

DISCUSSION
The Request for Proposal (RFP) #PW 23-83 was published on February 10, 2023, for SCADA system support services and had a bid closure date of March 14, 2023. The SCADA services are for the water, wastewater, and recycled water systems. The City received a total of one responsive bid. A panel consisting of the Wastewater Maintenance Manager, Water Division Manager, and Water Operations Manager reviewed the submitted bid and determined Northern Digital, Inc. (NDI) to be a qualified proposer based on their experience and expertise.

NDI was deemed responsive to the City’s RFP. Following this determination, procurement staff reviewed all documentation received from NDI. Procurement staff verified possession of required valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified their registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believe that NDI is capable of satisfactorily completing the services listed in this Agreement. Therefore, staff recommends that the City Council award this Agreement to NDI.

The RFP was posted on Public Purchase. Despite receiving only one responsive bid, staff recommends awarding the contract because these services are essential to maintaining the water, wastewater, and recycled water SCADA systems. In addition, vendors providing SCADA support in the local area are extremely limited.

STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT
The total cost for the contract with Northern Digital Inc. is $1,000,000 over the three-year term. Services will commence in Fiscal Year 2023-24 with an estimated annual spending plan of $325,000 for the first two fiscal years and $350,000 for the third fiscal year. Funding has been requested in the proposed annual budget for FY 2023-24 from the Water Operating and Wastewater Operating funds. Below is a table outlining the proportions of the funding split between the three different Operating Accounts. Funding for subsequent fiscal years will be requested in the annual budget process.

ESTIMATED SPENDING PLAN
DIVISION ACCOUNT FY-24 FY-25 FY-26 TOTAL
WASTEWATER 6113615-53200 $50,000 $50,000 $50,000 $150,000 WATER 6013600-53200 $260,000 $260,000 $285,000 $805,000 AWPF 6013605-53200 $15,000 $15,000 $15,000 $45,000
TOTAL $325,000 $325,000 $350,000 $1,000,000

COMMITTEE OUTCOME
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The Public Works and Transportation Committee approved 3-0 on May 23, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Omar Castro, Water Division Manager, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32400003

2. Presentation
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1 CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND NORTHERN DIGITAL, INC.

By This Consultant/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Northern Digital, Inc. (“CONSULTANT”), and CONSULTANT agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES. On-Call Supervisory Control & Data Acquisition (SCADA) Integration, Instrumentation, PLC Programming, Network Support and Cyber Security
[FOR ON CALL OR AS NEEDED AGREEMENTS INCLUDE THE FOLLOWING LANGUAGE: This Agreement is for “on call” or “as needed” services as identified in Exhibit A-Scope of Services. The City does not guarantee that any services will be requested under this agreement or that any services requested under this agreement will reach the agreement amount listed in section 4. All “on call” or “as needed” services requested by the City shall be paid at the rates identified in Exhibit B-Rate and Cost Sheet.]

2. PARTIES.

CITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Northern Digital, Inc. (“CONSULTANT”), a corporation of the State of California, located at 4701 Corporate Ct. Bakersfield, California 93311

3. TERM OF AGREEMENT: From (Date): July 1, 2023, To (Date): June 30, 2024

3.1 Time is of the essence in this Agreement.

3.2 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of three (3) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the CONSULTANT in accordance with Section 11 of this Agreement. CONSULTANT shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with section 20 of this Agreement.

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3.3 The CITY shall have the option for (2) consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the CONSULTANT/Professional Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

3.4 All services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT NOT TO EXCEED: $1,000,000

5. AGREEMENT EXHIBITS.

The following documents memorialized below are the only exhibits to this and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements
Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, CONSULTANT’s services shall be performed or immediately supervised by the CONSULTANT’s Representative:

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Paul Lancaster Name: Joseph Marcus
Title: SCADA Programs Supervisor Title: Manager, Business Development Phone: 805-385-3901 Phone: 661-322-6044
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
251 South Hayes Ave.

Oxnard, California 93030

7. CONTRACTUAL PREREQUISITES.

7.1 This Agreement must first be executed by the CONSULTANT, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

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7.2 CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

7.3 A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

7.4 All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

7.5 CONSULTANT shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. CONSULTANT'S SERVICES.

8.1 CONSULTANT shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. CONSULTANT hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

CITY shall pay CONSULTANT for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement.

Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within fortyfive (45) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within forty-five (45) days after receipt of such invoice, notify the CONSULTANT of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

Agreement No. 32400003 Page 3 of 31
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10.1 Payment Request. CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

10.2 Non-Appropriation of Funds. Payments to be made to CONSULTANT by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10.3 CONSULTANT’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by CONSULTANT and its employees, agents and Subcontracted CONSULTANTs.

10.4 CONSULTANT shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service.

If any sales tax is due for the Services performed by CONSULTANT or materials or products provided to CITY by CONSULTANT, CONSULTANT shall pay the sales tax. CITY shall not reimburse CONSULTANT for sales taxes paid by CONSULTANT.

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in sections 3.2 and 3.3, this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

13. TERMINATION OF AGREEMENT.

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CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 31 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice.

14. INDEPENDENT CONTRACTOR

CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its employees or agents shall have control over the conduct of CONSULTANT or any of its employees, except as stated in this Agreement.

CONSULTANT has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all services done on behalf of the CITY.

CONSULTANT and its employees and agents have no authority, express or implied, to act on behalf of CITY in any capacity, to incur any debt, obligation or liability on behalf of CITY, bind CITY in any manner, or otherwise act on behalf of CITY as an agent. CONSULTANT and its employees are not employees of CITY. CONSULTANT and its employees are not entitled to receive from CITY any of the benefits or rights afforded employees of CITY, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits.

CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

15. LAWFUL PERFORMANCE.

CONSULTANT shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

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CONSULTANT shall not perform any services for the CITY when the CONSULTANT is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONSULTANT's work by CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship.

17. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by CONSULTANT in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's services. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY.

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT without Agreement No. 32400003 Page 6 of 31
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infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.

17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the CITY or information belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality. CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

17.6. Disclosure of Information. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by CONSULTANT in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the professional services of CONSULTANT. Any attempt by CONSULTANT to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONSULTANT's services pursuant to this Agreement shall be provided by the CONSULTANT’s Designated Representative or directly under his/her supervision, and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement.

20. NOTICE.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by CONSULTANT shall be construed to be both a covenant and a condition.

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from CONSULTANT’s obligations under this section, CONSULTANT shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with CONSULTANT’s performance of this Agreement or CONSULTANT’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to Agreement No. 32400003 Page 8 of 31
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defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. CONSULTANT’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from CONSULTANT’s duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve CONSULTANT from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if CONSULTANT asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The provisions of this Subsection 23.3 apply only in the event that CONSULTANT is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

23.3.1 Notwithstanding the provisions of Subsections 23.1 and 23.2 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, CONSULTANT's duty to indemnify, hold harmless, and defend the Indemnitees shall be limited to the extent that any claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

23.3.2 In no event shall the costs of defense charged to CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection 23.3 shall be construed to require CONSULTANT to provide indemnification for claims caused by the active negligence or willful misconduct of the Indemnitees.

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23.4 The review, acceptance or approval of CONSULTANT’s work or work product by any of the Indemnitees shall not affect, relieve or reduce CONSULTANT’s indemnification or defense obligations. CONSULTANT waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The CONSULTANT’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.5 CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement.

CONSULTANT shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of CONSULTANT’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

CONSULTANT shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that CONSULTANT obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. CONSULTANT shall, before performance of any services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by CONSULTANT is a material element of this Agreement. CONSULTANT’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, CONSULTANT understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, CONSULTANT will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT.

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26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DIR).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT.

27. IRAN CONTRACTING ACT

28. CONFLICT OF INTEREST
CONSULTANT covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of CONSULTANT’s services under this Agreement. CONSULTANT further covenants that in the performance of services under this Agreement, no officer, employee or agent of CONSULTANT having such interest shall be employed by it. In the event the CITY determines that CONSULTANT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, CONSULTANT shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by CONSULTANT may result in termination of this Agreement by the CITY.

29. [RESERVED] -
Agreement No. 32400003 Page 11 of 31
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30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the CONSULTANT. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONSULTANT requests mediation within ten (10) calendar days.

Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreedupon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT; or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by CITY.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement.

Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

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33. ADVERTISING AND PUBLICITY
CONSULTANT shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the CITY Manager. This Section shall survive the termination of this Agreement.

34. NONDISCRIMINATORY EMPLOYMENT.

CONSULTANT shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

CONSULTANT understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, CONSULTANT shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

Neither the CONSULTANT nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall Agreement No. 32400003 Page 13 of 31
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bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. CAPTIONS AND HEADINGS.

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.

44. ACKNOWLEDGEMENT.

Agreement No. 32400003 Page 14 of 31
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By signing below, CONSULTANT acknowledges that it has reviewed the CITY’s CONSULTANT/Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance. [Signatures on next page]
Agreement No. 32400003 Page 15 of 31
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In witness whereof, the Parties have entered into this Agreement on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD NORTHERN DIGITAL, INC.

☐John C. Zaragoza, Mayor1 Date Martin Obermire, Date
☐Jennifer Yates, Purchasing Manager2 Executive Vice President

Monica Hummel Date
Corporate Secretary3
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

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17 EXHIBIT A

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

SCOPE OF SERVICES

SCADA SYSTEM SUPPORT
Consultant shall provide on-call and/or emergency SCADA Integration, Instrumentation, PLC Programming services, network support, including troubleshooting, Cyber Security Insurance, develop SCADA Architecture, develop Security platform, Flow Meter Calibration Certification, programming, report generation, report writing, support, and modifications for water treatment plant, water blending stations, wastewater treatment plant, wastewater lift stations, AWPF and recycled water distribution SCADA systems.

On an on-call and/or emergency basis, Consultant shall provide software, hardware, instrumentation, radio, computer network communications, electrical, and computer repair or replacement services. The Consultant shall be available year-round and available on a 24- hour/7-day basis. For emergency services, a 30-minute maximum call-back response time with a 2-hour maximum on-site response is required. For on-call services, services shall be scheduled to occur within five (5) calendar days. Consultant shall provide best management practices in protecting the SCADA system when using non-City computers or peripherals.

Consultant shall design, install and integrate SCADA systems for recycled water at River Ridge Golf Club, Blending Station 7, and the distribution pipeline. Consultant will test, troubleshoot and optimize the SCADA systems. Consultant will also coordinate with Pleasant Valley County Water District and River Ridge Golf Club to synchronize operations and ensure that the recycled water system does not interfere with normal operations.

Consultant shall upgrade the Water and Recycled Water SCADA systems to the most current version as well as test, troubleshoot and optimize the systems to ensure full interoperability and security.

Services shall include maintenance services for all components of the SCADA system including hardware, software, and communications for a period of one (1) year following system acceptance.

SCADA INTEGRATION SERVICES
Consultant will provide Supervisory Control and Data Acquisition (SCADA) integration services, including troubleshooting, programming, report generation, report writing, support, and modifications for water treatment plant, water blending stations, wastewater treatment plant, wastewater lift stations, Advanced Water Purification Facility (AWPF) on an on call and/or emergency basis.

Services shall include, but are not limited to:

Agreement No. 32400003 Page 17 of 31
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Water System
System-Wide
● Calibrate/replace controls and instrumentation, sensors and switches (pressure, flow, level and temperature)
● Calibrate/refurbish/replace chemical (pH, conductivity, chlorine, ammonia and chloramines) analyzers
● Refurbish/replace Uninterruptible Power Supplies (UPSs) ● Work with City Information Systems Department and Verizon to isolate and remove sources of SCADA network dropouts
● Analyze power monitor data for real-time efficiency and time-of-use (TOU) evaluation ● Calibrate water system instrumentation
● Evaluate and repair communication network – coordinate with Verizon and City Information Systems regarding upgrading network switches ● Help evaluate and maintain remote access devices for SCADA operations ● Maintain software installed on (SCADA) server for local and state reporting ● Evaluate opportunities to extend City's fiber backbone to remote sites (blending stations, flow monitoring, pressure monitoring, etc.

Water Campus – 251 South Hayes Avenue, Oxnard, CA 93030 ● Evaluate and repair communication network – coordinate with Verizon and City Information Systems regarding upgrading network switches ● Integrate well #23 with PLC control for automated use Blending Station No. 1 Desalter - 251 South Hayes Avenue, Oxnard, CA 93030 ● Isolate reverse osmosis (RO) skids Flex Input/Output (I/O) from SCADA local area network (LAN)
● Solve ControlNet module lockups
● Refurbish/replace flow control valves
Blending Station No. 2 – 1061 Richmond Avenue, Oxnard, CA 93030 ● Upgrade PLC
● Calibrate water system instrumentation
● Develop communication
Blending Station No. 3 – 1700 Solar Drive, Oxnard, CA, 93030 ● Calibrate water system instrumentation
Blending Station No. 4 – 3637 North Rose Avenue, Oxnard, CA, 93036 ● Calibrate water system instrumentation
Blending Station No. 5 - 980 East Pleasant Valley Road, Oxnard, CA 93033 ● Clean up analog and digital control wiring
● Integrate pressure and conductivity data into Calleguas Municipal Water District (CMWD) back feed control loop
● Develop BS No. 6 automated bypass scheme for backup CMWD supply to BS No. 1 Wellfield #2
Agreement No. 32400003 Page 18 of 31
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● Clean up analog and digital control wiring
● Integrate pressure and conductivity data into Calleguas Municipal Water District (CMWD) back feed control loop
Communication/Radios
● Develop loop system for radio communication
Wastewater System
Wastewater Treatment Plant – 6001 Perkins Road, Oxnard CA 93033 ● Calibrate/replace instrumentation, sensors and switches (pressure, flow, level and temperature)
● Identify program tags that cause errors and repair
● Calibrate/refurbish/replace chemical (pH, ORP, TSS, Solids, and residual chlorine) analyzers
● Evaluate and repair communication network – coordinate with Frontier/Verizon/AT&T and Wastewater staff regarding upgrading network switches ● Help evaluate and maintain remote access devices for SCADA operations Maintain software installed on (SCADA) server for local and state reporting Agreement No. 32400003 Page 19 of 31
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EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

SCHEDULE OF COMPENSATION

Other
Travel time (from Consultant location to
Oxnard) Two Hours
Material Markup (%) Cost + Markup (not to
exceed 15%) 15%

ENGINEERING, PROGRAMMING, TROUBLESHOOTING, AND FIELD LABOR INCLUDING TRAVEL SCHEDULED WORK – 24-HOUR NOTICE (STANDARD – NORMAL HOURS) MONDAY – FRIDAY 7:00 am – 4:00 pm

POSITION HOURLY RATE
FIELD ENGINEER $150
DESIGN ENGINEER $180
CONSULTANT ENGINEER $200
UNSCHEDULED URGENT WORK – TWO-HOUR NOTICE (NON-STANDARD) MONDAY – FRIDAY 7:00 am – 4:00 pm

POSITION HOURLY RATE
FIELD ENGINEER $185
DESIGN ENGINEER $225
CONSULTANT ENGINEER $250
MONDAY – FRIDAY 4:01 pm – 6:59 am

POSITION HOURLY RATE

TIME AND A HALF
FIELD ENGINEER $225
DESIGN ENGINEER $270
CONSULTANT ENGINEER $300

SATURDAY, SUNDAY, AND HOLIDAYS

POSITION HOURLY RATE

DOUBLE-TIME
FIELD ENGINEER $300
DESIGN ENGINEER $360
CONSULTANT ENGINEER $400
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EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “CONSULTANT”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001).

If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing Agreement No. 32400003 Page 21 of 31
1808
the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager.

At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants.

Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 4/23
Agreement No. 32400003 Page 22 of 31
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-A.doc
Agreement No. 32400003 Page 23 of 31
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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

A GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
Rev. 4/23 INS-A.doc
Agreement No. 32400003 Page 24 of 31
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage.  Per Occurrence  Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/type name), warrant that I have authority to
bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed:

Rev. 4/23 INS-A.doc
Agreement No. 32400003 Page 25 of 31
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence  Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER

LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/type name), warrant that I have authority to
bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 4/23 INS-A.doc
Agreement No. 32400003 Page 26 of 31
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EXHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard CONSULTANT/Professional services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. CONSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.

D. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.

Agreement No. 32400003 Page 27 of 31
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022
CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. CONSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.
c. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.

Agreement No. 32400003 Page 28 of 31
1815

EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

PREVAILING WAGE

1. CONSULTANT acknowledges that the Project defined in the Agreement between CONSULTANT and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONSULTANT shall perform the Project as a public work. CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement.

3. CONSULTANT is required to post job site notices, as prescribed by regulation.

See Labor Code Section 1771.4(a)(2).

4. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONSULTANT shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by CONSULTANT or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. CONSULTANT shall comply with Labor Code Section 1776, which requires CONSULTANT and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. CONSULTANT shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.

Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Agreement No. 32400003 Page 29 of 31
1816

7. CONSULTANT may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, CONSULTANT must immediately notify CITY.

8. CONSULTANT is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONSULTANT shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.

CONSULTANT shall comply with and be bound by Labor Code Section 1810.

10. CONSULTANT shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by CONSULTANT’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. CONSULTANT shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. CONSULTANT shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection Agreement No. 32400003 Page 30 of 31
1817
with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of CONSULTANT under this Section shall survive Agreement termination.

Agreement No. 32400003 Page 31 of 31
1818
Professional Services Agreement 32400003
with Northern Digital, Inc. (NDI) for
Supervisory Control and Data Acquisition
(SCADA) Systems Support Services
Public Works and Transportation Committee
May 23, 2023
City Council Meeting
June 20, 2023
Joseph Marcinko
Assistant Public Works Director
1819
2 RECOMMENDATION
That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. for SCADA Support Services in amount not to exceed $1,000,000 for a three year term. 1820
3 RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. for SCADA Support Services in amount not to exceed $1,000,000 for a three year term. 1821
4 BACKGROUND
• SCADA systems- complex communication and control systems • Critically essential to operation of Oxnard’s Water Utilities. • Water, Wastewater, and Recycled water use SCADA systems • Wastewater does not have a dedicated SCADA position
• Water has a dedicated SCADA position: filled in December • SCADA systems:
○ Integrate hardware, software, and firmware
○ Monitor various functions of the operations
○ Control critical components like valves, pumps, and motors ○ Notify city staff of emergencies or system failures
1822
5 BACKGROUND
● SCADA Support Services involve:
○ Programming
○ Software
○ Hardware
○ Instruments
○ Radio
○ Network communications
○ Electrical
○ Repair and Replacement
○ Cyber Security
● SCADA Support Services are critical for:
○ Emergencies
○ Diagnostic Testing
1823

BACKGROUND
6 SCADA Monitoring:

Water System Components:
• Desalter treatment plant
• Drinking water wells
• Chemical feed systems
• Blending & Remote stations
Wastewater System Components:
● Oxnard Wastewater Treatment Plant (OWTP)
● Sewage pumping stations
Recycled Water System Components:
● Advanced Water Purification Facility (AWPF)
● Recycled water pipeline
1824
• February 10,23: Advertisement of Request for Proposal (RFP) • March 14, 2023: One bid received, opened and reviewed • Northern Digital Inc. was deemed a responsive bidder
• Verified possession of valid licenses
• Reviewed the federal Occupational Safety and Health
Administration (OSHA) website for safety violations
• Checked that the City business license is current
• Verified registration with the CA Department of Industrial Relations (DIR)
• Recommend to award from qualifications and operational need

DISCUSSION
7 1825
• Total cost shall not exceed $1,000,000 over three years • Annual spending commencing in July 2023 for FY 23-24
• Estimated annual spending for FY 24 and FY 25 is $325,000 • Estimated annual spending for FY 26 is $350,000
• Funded from Water and Wastewater Operations
• FY 23-24 funding in the proposed annual budget
• Subsequent year funding will be in the annual budget process 8 FINANCIAL IMPACT
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9 FINANCIAL IMPACT

ESTIMATED SPENDING PLAN
DIVISION ACCOUNT FY-24 FY-25 FY-26 TOTAL
WASTEWATER 6113615-53200 $50,000 $50,000 $50,000 $150,000 WATER 6013600-53200 $260,000 $260,000 $285,000 $805,000 AWPF 6013605-53200 $15,000 $15,000 $15,000 $45,000
TOTAL $325,000 $325,000 $350,000 $1,000,000
1827
Questions?
1828

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.9
DATE: June 20, 2023
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Oxnard Navigation Center Operating Agreement with Mercy House for fiscal year 2023-2024. (10 minutes)

RECOMMENDATION
That the City Council:

1. Approve and authorize the Mayor to execute the Oxnard Navigation Center Operating Agreement (Agreement Number 32400019) with Mercy House for the provision of shelter and navigation center operations in fiscal year 2023- 2024, in the amount not-to-exceed $3,228,297;

2. Authorize the City Manager or designee to appropriate the use of PLHA funds in the amount of $1,328,297;

3. Authorize the City Manager or designee to appropriate the use of California State grant funds in the amount of $800,000.
(This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/NvEYqIHiISA

BACKGROUND
Since January 2019, the City of Oxnard has operated a 110-bed, twenty-four-hour a day shelter, which provides a safe place to sleep, shelter from the elements, meals, and sanitation and related services for individuals experiencing homelessness, at the former National Guard Armory on K Street. After being operated directly by Housing Department staff for five months, in June of 2019 the City of Oxnard procured the non-profit Mercy House to manage the shelter and navigation center operations.

On December 16, 2019, the City Council approved Agreement Number A-8194 with Mercy House covering shelter operations through June 30, 2020. That agreement was subsequently amended three times and expired on June 30, 2022.

On June 30, 2022, the City Council approved Agreement Number A-8474 with Mercy House covering shelter operations through the current fiscal year. That agreement will expire on June 30, 2023.

DISCUSSION
Staff remains committed to the continued service of the Oxnard navigation center. Mercy House has performed well in its duty to serve the homeless population in Oxnard. Staff proposes to continue our valued partnership and extend the operating agreement for another year for the period ending June 30, 2024. 1829
For fiscal year 2023-2024 the shelter and navigation center’s projected annual operating cost is $3,228,297.

This operating cost for fiscal year 2023-2024 will be financed by a combination of PLHA grant funding together with General Fund and a special allocation from the State of California.

One of the proposed funding sources is a special allocation of grant funds from the State of California. The legislature allocated $5,000,000 directly from the State general fund to the City of Oxnard for the purpose of offering shelter and housing to the homeless population at the Casa Aliento HomeKey project. The City of Oxnard has received and deposited a check in this amount from the State of California. The State did not impose or require any agreement to be signed for the acceptance or use of funds. By the time that funds were received, the Casa Aliento project was fully funded.

Oxnard Housing staff has requested Senator Bennett’s office for permission to reallocate the special allocation for other homeless services in Oxnard, including a potentially new HomeKey project and the operation of the Oxnard navigation center. Senator Bennett’s office agreed and is seeking assent from the California State Legislature.Should the California State Legislature deny the assent requested by Senator Bennett, then an operating gap in the amount of $800,000 will exist. There are other potential funding sources to fill this potential operating budget gap, such as the Community Development Block Grant, Emergency Solutions Grant and General Fund. If such a gap materializes then staff will return to the City Council seeking approval to appropriate alternate funding sources.

STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT
The not-to-exceed cost of the Agreement for Fiscal Year 2023-2024 is $3,228,297. Included in the FY2023-24 proposed budget General Fund (101) is $1,100,000, which has been committed by the City Council on an annual recurring basis.

Additional funding includes $1,328,297 from the State Housing Grant Fund (220) Permanent Local Housing Allocation and $800,000 from the State Grant Fund (210) special allocation from the California State legislature.

For Finance Use Only: General Fund $1.1M (Org. 1018103), State Housing Grant Fund $1.3M (Org. 2208101), State Grant Fund $800K (Org. 2108101)

COMMITTEE OUTCOME
This item did not originate in Committee. This is a recurring agreement necessary for the continued operation of the homeless navigation center on K Street and funding is included in the proposed General Fund fiscal year 2023-2024 budget. The terms of this agreement were considered by the Community Services, Public Safety, Housing & Development Committee at the initial establishment of the year-round shelter operation in 2019.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Oxnard Navigation Center Operating Agreement (Agreement Number 32400019)

2. PowerPoint Presentation
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Agreement Number: 32400019
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Oxnard Navigation Center Operating Agreement

AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE
(1) Agreement Start Date: July 1, 2023
(2) Consultant: Mercy House
(3) Services: Emergency Shelter and Navigation Center Operating Agreement (4) Schedule of Services: Shelter operation services shall be provided between July 1, 2023, and June 30, 2024, inclusive.
(5) Agreement Ending Date: June 30, 2024
(6) Total Agreement Amount: $3,228,297.00
(7) City’s Project Manager: Emilio Ramirez, Housing Director (8) Consultant’s Project Manager: Patti Long, Chief Operating Officer (9) Insurance Coverage: INS-B
(10) Addresses for Notice:

FOR CONSULTANT: FOR CITY:

P. O. Box 1905 435 South “D” Street
Santa Ana CA 92702 Oxnard CA 93030
Attn: Patti Long Attn: Emilio Ramirez
(11) Contact Emails:

CONSULTANT’S PROJECT MANAGER CITY’S PROJECT MANAGER
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
✓ Scope of Services Exhibit
✓ Rates and Costs Exhibit
✓ Insurance Exhibit (INS-)
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Agreement Number: 32400019
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Oxnard Navigation Center Operating Agreement

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and conditions:

1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.

2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.

3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.

4. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.

5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.

6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month.

Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to:
[email protected].

7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
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Agreement Number: 32400019
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Oxnard Navigation Center Operating Agreement

8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.

10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.

11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement.

Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.

12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant’s records and interview Consultant’s employees for a period of 11 years after final payment under the Agreement, or until June 30, 2035, which ever comes later.

Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 11 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the 1833
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date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.

14. Hold Harmless, Defense and Indemnity.

If Consultant provides any architectural, landscape architectural, engineering or land surveying (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims”), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees. a. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.
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15. Insurance. Consultant shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages.

Consultant shall, before performance of any Services, file with the City’s Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.

16. Documents and Materials.
a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. All Documents and Materials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials.

Consultant hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section

16. b. Consultant shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Consultant shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.
c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.
d. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials. Consultant shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, 1835
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copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
e. This Section 16 shall survive the termination of this Agreement.

17. Confidentiality of Information.
a. For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Consultant or is developed by Consultant in whole or in part at the City’s expense. b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City. c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no relation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.
d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Consultant. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement. f. This Section 17 shall survive the termination of this Agreement. 1836
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18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.

19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.

20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.
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21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.

22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as described in Title 2, Section 18704 of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Consultant “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.

23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.

24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.

25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant.

26. Applicable Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.

27. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.

29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.

30. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.

31. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and 1838
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Consultant regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.

32. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.

33. No Waiver. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

34. Attorneys’ Fees. The prevailing party shall be entitled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addition to any other relief to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.

35. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received—on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(10) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.

36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement. A signed copy of this Agreement transmitted by email to Project Managers’ emails listed in “(11) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

37. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.

CITY OF OXNARD CONSULTANT
John C. Zaragoza
Mayor
Date Larry Haynes
CEO
Date
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Patti Long
COO
Date
ATTEST
Rose Chaparro
City Clerk
Date

APPROVED AS TO FORM
Stephen M. Fischer
City Attorney
Date
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SCOPE OF SERVICES EXHIBIT
Consultant will provide homeless shelter services to the City at the current shelter location at 351 South K Street in Oxnard from July 1, 2023 through June 30, 2024.

The specific areas in which the Consultant will provide services are:

1. Operate and manage homeless shelter 24 hours a day, seven days a week

2. Provide supervision of shelter managers and staff

3. Deliver quality homeless shelter services for up to 110 participants per day

4. Work effectively with City and neighboring jurisdictions to ensure needs and services are coordinated

5. Work closely with City to improve indoor ADA accessibility and other needed indoor capital improvements at the shelter campus

6. Collaborate with the City and the County of Ventura in the development of a tri-partite agreement governing the operation of the future permanent year-round shelter

7. Develop a program and engage in fund-development for the future permanent yearround shelter operation.

These areas are detailed with more specificity below:

Shelter Operations: The services provided by Consultant will include the following deliverables:

1. Consultant will provide three meals (one hot meal) per day, a shower and clean bed for shelter participants (facility currently has 110 beds), with an objective of maintaining a minimum of at least seventy-five percent (75%) occupancy at all times, absent extraordinary circumstances.

2. Consultant will provide case managers and housing navigators, and will work with and participate in regular coordination meeting with local homeless social service agency staff to assist shelter participants.

3. Consultant will provide 24 hour security service and work to minimize negative impacts within 500 ft. of shelter facility due to any activity conducted by shelter participants or other homeless persons.

4. Consultant will employ the necessary staffing to ensure shelter operations provide quality services and hospitality at all times.

5. Consultant will maintain a clean, healthy and sanitary shelter facility at all times.

6. Consultant will provide storage of acceptable personal belongings; and storage of acceptable material donations, which will be used for the benefit of shelter participants’ health, hygiene and personal well-being.

7. Consultant will allow personal pets or service animal into the shelter when it can be done in a way that will ensure that the safety of all shelter staff and participants is not threatened.

8. Consultant will work with City to identify any and all issues that will need to be addressed before Consultant transitions the Oxnard Navigation Center into a permanent shelter operation under Consultant’s management.

9. Consultant will provide laundry service for bedding lines, towels, and client clothing, at an on-site facility which has been established for this purpose. 1841
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10. With respect to case management, Consultant will ensure that each client will be assigned a Housing Navigator who shall work with the client to create a pathway to permanent housing opportunities; in addition, each client will have a completed VAT assessment and be entered into the Coordinated Entry System (CES). Housing Navigators will assist clients to create a housing plan, including obtaining necessary documentation to move forward in the client’s housing connection process. Case management will be provided daily or as necessary, for the purpose of housing navigation as well as linkages to benefits establishment, to community providers for substance abuse, primary and mental health care, and all other services needed to assist clients in reaching stabilization goals.

11. Consultant will provide a daily summary of Navigation Center operations that includes client enrollment, new intakes, referrals, and available beds.

12. Consultant will provide a monthly report related to City Council Five-Year Priorities Metrics; said report will indicate the number of clients served, the number of positive exits, and the number of exits into housing.

13. Consultant will assist shelter guests to travel to and from appointments and other necessary destinations during the duration of this Agreement. Consultant shall be responsible for all travel operating costs including ride-sharing.

14. Consultant will maintain required records in accordance with the Homeless Management Information System (HMIS), including recording case notes, and provide all required reporting for required funding sources, including City Metrics, HUD, and PLHA.

Capital Improvements and Accessibility Modifications: City and Consultant acknowledge that:

1. The future permanent year-round shelter is under development and anticipated to be operated at another site in Oxnard

2. Consultant agrees to provide input and design recommendations, to both the City and to any professional architectural and engineering firms retained by the City, and to be involved in the pre-development phase to determine the type of design elements that are desirable to be incorporated into the permanent shelter

3. The current K Street Site may require certain capital improvements and accessibility modifications in order to increase its suitability for the permanent shelter operation.

Utilities: Consultant shall be responsible for payment of electricity, gas, telephone and internet utilities. City shall be responsible for payment of water, sewer, and refuse utilities. Consultant shall be responsible for ongoing rental cost of such restroom and shower facilities for the duration of this agreement. Consultant shall comply with any applicable living wage ordinance.

Fund Development: The parties recognize that additional funding resources will be needed in order to ensure sufficient resources and optimum funding for the current and future permanentyear shelter. Consultant agrees to pursue other funding and grant opportunities that may supplement the funding for the shelter.
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RATES AND COSTS EXHIBIT
Compensation: For the term of this Agreement, City shall compensate Consultant a not-toexceed total of $3,228.297.00 for shelter operations.

Terms of Payment: Consultant shall invoice City 25% of the operating budget in the beginning of the contract year and flat fee invoices monthly according to the following for the single-site operating costs for all months from July 2023 through June 2024, inclusive. Consultant will reconscile and provide backup at the end of each quarter.

Operations Budget $3,228,297.00
Advance @ 25% $807,074.25
Balance $2,421,222.75
Flat Fee Monthly invoices, Balance divided by 12 $201,768.56 1843
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BUDGET AND REPORTING EXHIBIT
Name of Agency:

Mercy House
Location Address:
351 South K Street, Oxnard, CA 93030
Project Name:

Oxnard Navigation Center
Budget Narrative:

Operating costs for FY 2023-24 will be financed by a combination of PLHA grant funding, Measure O, and State grant funds.

Budgeted Line Items:

Total Budgeted Amount Not to Exceed $3,228,297.00
For the purpose of this agreement, the not-to-exceed budgeted amount for Fiscal Year 2023- 2024 shall be $3,228,297.00, consisting of the following elements:

Budget Category Authorized Budget
Shelter Staff $1,426,433.00
Disposal/Utilities $13,200.00
Rentals (showers/laundry/toilet) $300,000.00
Repairs/Maintenance $10,000.00
Cleaning supplies $38,850.00
Fuel and Shuttle Maintenance $62,000.00
Replacement Reserves $6,300.00
Security Guards $410,000.00
Animals/Veterinary $16,800.00
Client Meals $621,914.00
Client Services – Supplies $18,900.00
Client services - Barrier Fund $10,500.00
Admin -General Expenses 10% $293,400.00
Total $3,228,297.00
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Schedule of payment:

Consultant shall invoice City once at the beginning of the contract for an advance payment and on a monthly basis for the single-site operating costs for all months from July 2023 through June 2024, inclusive.
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INSURANCE EXHIBIT
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Oxnard Navigation Center Operating
Agreement
Emilio Ramirez, Director
Housing Department
City Council
June 20, 2023
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Current Shelter Operation

1. Since January 2019, the City of Oxnard has operated a 110-bed, twenty-four-hour a day shelter, which provides a safe place to sleep, shelter from the elements, meals, and sanitation and related services for individuals experiencing homelessness, at the former National Guard Armory on K Street

2. After being operated directly by Housing Department staff for five months, in June of 2019 the City of Oxnard procured the non-profit Mercy House to manage the shelter and navigation center operations

3. On December 16, 2019, the City Council approved Agreement Number A-8194 with Mercy House covering shelter operations through June 30, 2020. That agreement was subsequently amended three times and expired on June 30, 2022.

4. On June 30, 2022, the City Council approved Agreement Number A8474 with Mercy House covering shelter operations through the current fiscal year. That agreement will expire on June 30 2023. 1848
2 Proposed Continued Operation

1. Staff remains committed to the continued service of the Oxnard navigation center

2. Mercy House has performed well in its duty to serve the homeless population in Oxnard

3. Staff proposes to extend the operating agreement for another year for the period ending June 2024

4. For fiscal year 2023-2024 the projected annual operating cost is $3,228,297

5. This operating cost will be funded with a combination of PLHA grant funds together with Measure O and a special allocation from the State of California
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3 Funding by Source and Budget
The not-to-exceed cost of the Agreement for Fiscal Year 2023-2024 is $3,228,297

1. Measure E $1,100,000

2. Permanent Local Housing Allocation $1,327,801

3. Special allocation from the California State legislature $800,000 1850
4 Recommendations
That the City Council:

1. Approve and authorize the Mayor to execute the Oxnard Navigation Center Operating Agreement (Agreement Number 32400019) with Mercy House for the provision of shelter and navigation center operations in fiscal year 2023-2024, in the amount not-to-exceed $3,228,297.00;

2. Authorize the City Manager or designee to approve the use of PLHA funds in the amount of $1,327,801; and

3. Authorize the City Manager or designee to approve the use of California State grant funds in the amount of $800,000.
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5 End of Presentation
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.10
DATE: June 20, 2023
TO: City Council
FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected] SUBJECT: Agreement with the Oxnard School District for the Operations of the After-School Education and Safety Grant. (5 minutes)

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8318) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,680,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lruRrhuLyIs

BACKGROUND
In November 2002, California voters approved the After School Education and Safety (ASES) Initiative with the passage of Proposition 49. In 2006, the Governor signed into law Senate Bill 638, making ASES operational. Decades of research show that afterschool programs help kids learn, grow, and avoid risky behaviors. After-school and summer learning programs are locally-designed school and community solutions that provide a safe place for kids and provide much needed support for families to balance work with home. According to research conducted by the Afterschool Alliance, after-school programs serve as an effective means to close the achievement gap, boost school attendance, improve academic performance and regular school-day attendance, improve classroom engagement, decrease risky behaviors and decrease the likelihood of dropping out of school.

The Oxnard School District ("OSD") contracts with the City's Recreation Division to operate the ASES program to provide after-school programming (Hours of Operation 1:30 p.m. - 6:00 p.m.) to over 2,200 Oxnard children on twenty school campuses. The proposed contract with OSD is for one year at $4,680,000. The OSD utilizes City of Oxnard ("City") employees as site coordinators and recreation staff to operate the entire program. The City has partnered with the OSD for more than 20 years and, for the past eleven years, the City has been the main contractor for the ASES program.

In summary, the contract provides for:
-Employing 100 city employees between the ages of 18-25 -Over 100 Hours of Ongoing Professional Staff Development Training provided by the School District -Over 1,000 Volunteer Hours
The OSD worked in partnership with the City to design a staffing model that works best for the ASES program.

The following two elements integrate the school’s curriculum; instruction and learning support activities:

Educational and Literacy Element - This element provides tutoring and/or homework assistance designed to help students meet state standards in one or more of the following core academic subjects: reading/language arts, mathematics, history and social studies, or science.
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Educational Enrichment Element - This element offers an array of additional services, programs, and activities that reinforce and complement the school’s academic program. Educational enrichment may include but is not limited to, positive youth development strategies, recreation and prevention activities. Such activities may involve the visual and performing arts, music, physical activity, health/nutrition promotion and general recreation, community service-learning and other youth development activities based on the student’s needs and interests.

Known as the Oxnard Scholars Program, the OSD program has been praised by local and state agencies for excellence in after-school programming. In 2016, a former Oxnard Scholars Program employee received the California Expanded Learning Emerging Leadership Award from the California Department of Education. There have been multiple individuals employed by the City for the Oxnard Scholars program who now serve as elementary and secondary school teachers.

STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promote safe neighborhoods, encourage community engagement, and support our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT
The OSD total grant award not to exceed $4,680,000 is included in the proposed FY 2023-24 budget in the State Grant Fund (210). Primary services, including reimbursement for actual expenses, shall not exceed four million six hundred and eighty thousand dollars ($4,680,000);
The OSD requests matching funds by providing $130,000 of in-kind services per fiscal year. This match is met through the General Fund (101) by providing office space for ASES program, phone, copier, administrative and management staff time and will also be included in the recommended FY2023-24 budget. Student participation in various established recreation programs such as youth sports programs, educational field trips, and volunteer support also contribute to the inkind match.

For Finance Use Only: State & Local Grants Fund (Org. 2105502), General Fund-Match (Org. 1015501)

COMMITTEE OUTCOME
The Community Services, Public Safety, Housing and Development Committee approved 3-0 on May 23, 2023, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Sandra Diaz, Administrative Assistant

ATTACHMENTS

1. Agreement #2316 (A-8528) - OSD & City of Oxnard ASES 2023-2024 (DeGenna-Shea)

2. ASP Presentation 23-24
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OXNARD SCHOOL DISTRICT
Agreement #23-16

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (“Agreement”) is entered into as of this 7 th day of June,
2023 by and between the Oxnard School District (“District”) and the City of Oxnard (“Consultant”).

District and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. District has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the Services(defined below), as defined and described particularly on Exhibit A-0, Exhibit A-1, Exhibit A-2 and Exhibit A-3, attached to this Agreement.

B. Following submission of a proposal or bid for the performance of the Services, Consultant was selected by District to perform the Services.

C. The California Department of Education has awarded District a grant through the After School Education and Safety (ASES) Program for Fiscal Years 2023-2024 and provided funding through the Expanded Learning Opportunity Program (ELOP)
D. One way in which District desires to use the funding is to fund local after school education and enrichment programs through retaining Consultant to perform the Services.

E. The Parties desire to formalize the selection of Consultant for performance of the Services and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.

2. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in effect from July 1, 2023 to and including June 30, 2024 (the “Term”). This Agreement may be extended only by a written amendment, signed by the Parties, prior to the expiration of the Term.

3. Time for Performance. The scope of services set forth in Exhibit A-0, Exhibit A-1, and Exhibit A-3 shall be completed during the Term pursuant to the schedule specified Exhibit A-0 (the “Primary Services”). Consultant may also, at its election, agree to provide additional services, at District’s request and only with District’s prior written authorization (the “Additional Services”). Should Consultant renders any Additional Services without District’s prior written authorization, District shall not be obligated to pay Agreement A-8528
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for such services. Any such Additional Services shall be completed in accordance with Exhibit A-2 during the Term pursuant to the schedule specified in Exhibit A-0. For purposes of this Agreement, the Primary Services and Additional Services shall collectively be referred to as the “Services.” Should the Services not be completed pursuant to the schedule specified in Exhibit A-0, Consultant shall be deemed to be in Default as provided below. District shall agree to revise the schedule specified in Exhibit A-0 when Consultant’s delay is caused by the action or inaction of District and Consultant promptly notifies District of such delay. District, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the Services. If the amount of the Grant or ASES Program is modified, Consultant and District agree to amend Exhibit A-0 as it relates to funding levels, services and expectations.

4. Compensation and Method of Payment. Subject to any limitations set forth below or elsewhere in this Agreement, District agrees to pay Consultant the amounts specified in Exhibit B for the Services.

The total compensation for the Primary Services, including reimbursement for actual expenses, shall not exceed Four Million Six Hundred Eighty Thousand Dollars payable through reimbursement as outlined in Exhibit A-0 and Exhibit B. If the amount of the funding is modified, the Parties agree to amend the costs accordingly through written amendment.
a. Each month Consultant shall furnish to District an original invoice for all work performed and expenses incurred during the preceding month. All work invoiced under this contract shall be work directly related to this agreement. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts. The final invoice may include a fixed administrative fees not to exceed $80,000. Sub-consultant charges, if any, shall be detailed by the following: categories: labor, travel, materials, equipment and supplies. District shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection b. In the event any charges or expenses are disputed by District, the original invoice shall be returned by District to Consultant for correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five (45) calendar days of receipt of Consultant’s correct and undisputed invoice. c. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

5. Termination. This Agreement may be terminated at any time by mutual agreement of the Parties or by either Party as follows:
a. District may terminate this Agreement, with or without cause, at any time by giving thirty (30) calendar days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress; or
b. Consultant may terminate this Agreement for cause at any time upon thirty (30) calendar days written notice of termination to District.

6. Inspection and Final Acceptance. District may, at its discretion, inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when within sixty (60) work days after submitted to District. If District does not reject work by a timely written explanation, Consultant’s work shall be deemed to have been accepted. District’s acceptance shall be conclusive as to such work 1856
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except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by District shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to indemnification and insurance provisions.

7. Default. Failure of Consultant to perform any Services or comply with any provisions of this Agreement may constitute a default. District shall provide written notice to Consultant of the default and the reasons for the default. District shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of the notice until the default is cured. The written notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) work days, but may be extended, though not reduced, at the discretion of District. During the period of time that Consultant is in default, District shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, District may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, District may terminate this Agreement as provided above. Any failure on the part of District to give notice of the Consultant’s default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any provision of this Agreement. Notwithstanding the foregoing, Consultant shall not be deemed to be in default if its failure to perform any Services or comply with any provisions of this Agreement results solely from the action or inaction of District.

8. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any of the Services pursuant to this Agreement (collectively and individually, the “Documents”) shall become the sole property of District and may be used, reused or otherwise disposed of by District without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to District all such Documents.

9. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to this Agreement any Documents, Consultant’s guarantees and warrants related to Standard of Performance as set forth in paragraph 12 of this Agreement shall not extend to such use of the Documents.

10. Consultant’s Books and Records. Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of Services pursuant to this Agreement for a minimum of three (3) years after termination or expiration of this Agreement, or longer if required by law. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to District pursuant to this Agreement for a minimum of three (3) years, or longer if required by law, all in accordance with generally accepted accounting principles and with sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. b. Any and all such records or documents shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by District or its designated representative.

Copies of such documents or records shall be provided directly to District for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices in this Agreement. c. District has the right to acquire custody of such records by written request if Consultant decides to dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and documents to District within sixty (60) work days of receipt of the request.

11. Independent Contractor. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of District. 1857
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a. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant, its agents or employees shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of District. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall, by virtue of Services rendered under this Agreement, obtain any rights to retirement, health care or any other benefits which may otherwise accrue to District’s employees. Consultant will be responsible for payment of all Consultant’s employees’ wages, payroll taxes, employee benefits and any amounts due for federal and state income taxes and Social Security taxes since these taxes will not be withheld from payment under this Agreement. b. If Consultant becomes aware that any person employed by or volunteering with Consultant in connection with the Services has been arrested or convicted of a violent or serious felony listed in Penal Code Section 667.5(c) or 1192.7(c), then Consultant must immediately remove said employee or volunteer from the performance of the Services, prevent the employee or volunteer from interacting with District students, and notify District. District retains the right to prohibit any such employee from participating in the program or having access to students or the program site. c. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such authority is expressly conferred in writing by District, or under this Agreement.

12. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

13. Confidential Information. All information gained during performance of the Services and all Documents or other work product produced by Consultant in performance of this Agreement shall be considered confidential, but only to the extent such information is not considered a public record for purposes of federal or state law. Consultant shall not release or disclose any such information, Documents or work product to persons or entities other than District without prior written authorization from the Superintendent of District, except as may be required by law. a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or other discovery request, court order or other request from any Party regarding this Agreement or the work performed hereunder.
b. District retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite said response.

14. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any of its officers or employees, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of District or which would in any way hinder Consultant’s performance of Services under this Agreement. Should any of the Consultant’s officials have any conflicts of interest pertaining to the services provided pursuant to this Agreement, said official(s) shall not participate in the 1858
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making of this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the District.
a. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of District in the performance of this Agreement. b. Bylaws of the Board 9270 BB and 9270(BB) E, as hereinafter amended or renumbered, require that a Consultant that qualifies as a “designated employee” must disclose certain financial interests by filing financial interest disclosures. By its initials below, Consultant represents that it has received and reviewed a copy of the Bylaws of the Board 9270 BB and 9270(BB) E and that it does not qualify as a “designated employee”.
______ (Initials)
c. Consultant agrees to notify the Superintendent, in writing, if Consultant believes that it is a “designated employee” and should be filing financial interest disclosures, but has not been required to do so by the District.
______ (Initials)

15. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services. Neither District, nor any elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. a. Without limiting the generality of the foregoing, Consultant shall comply with any applicable fingerprinting requirements as set forth in the Education Code of the State of California. ______ (Initials)

16. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ “unauthorized aliens” as that term is defined in 8 U.S.C.A. §1324a(h)(3).

Should Consultant so employ such individuals for the performance of work and/or Services covered by this Agreement, and should any liability or sanctions be imposed against District for such employment, Consultant hereby agrees to and shall reimburse District for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by District.

17. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

18. Assignment. The expertise and experience of Consultant are material considerations for this Agreement. District has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the Board of Trustees of the District. Any attempted assignment shall be ineffective, null and 1859
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void, and shall constitute a material breach of this Agreement entitling District to any and all remedies at law or in equity, including summary termination of this Agreement.

19. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance of its duties pursuant to this Agreement, but only with the prior written consent of District.

Consultant shall be as fully responsible to District for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by Consultant, as if the acts and omissions were performed by Consultant directly.

20. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement.
a. Consultant shall insure that District has a current list of all personnel and sub-contractors providing Services under this Agreement.
b. Consultant shall notify District of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. The list notice shall include the following information: (1) all full or part-time staff positions by title, including volunteer positions whose direct services are required to provide the Services described herein; (2) a brief description of the functions of each such position and the hours each position works each week or, for part-time positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience required for each position; and (4) the name of the person responsible for fulfilling the terms of this Agreement.
c. Consultant shall maintain a database of prospective employees in order to avoid a gap in filling intended positions.

21. Assumption of Responsibility. In accordance with Consultant’s obligations under paragraphs 11, 12, 19, and 20 herein, Consultant assumes all responsibility for the care, custody, and control of students participating in any activity, whether on-site or off-site, offered in connection with the Services.

22. Indemnification.
a. Consultant’s Indemnity Obligation.

To the fullest extent permitted by California law, Consultant shall at its sole expense indemnify, protect, defend and hold harmless District, its officers, agents, employees, elected board members, and volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) of any kind, nature, and description, including, but not limited to, personal injury (including, but not limited to, injuries related to or derived from alleged sexual misconduct, sexual abuse, or molestation), death, damage to real property, and damage to personal property, to the extent the liability arises out of or is in any way attributable to the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. The provisions of this indemnification do not apply to any damage or losses caused by the sole negligence or willful misconduct of District, its officials, elected board members, employees, and volunteers, or claims caused by dangerous conditions of District real property which arose out of acts or failure to act by District. Except as specifically provided in this Agreement, in 1860
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no event shall Consultant be liable in contract or tort for any special, consequential, indirect, or incidental damages, including but not limited to lost profits, arising out of or in connection with this Agreement.

Consultant agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of District to monitor compliance with these requirements imposes no additional obligations on District and will in no way act as a waiver of any rights hereunder.

This obligation to indemnify and defend District as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement. ______ (Initials)
b. District’s Indemnity Obligation.

To the fullest extent permitted by California law, District shall indemnify, protect, defend and hold harmless the Consultant and any and all of its officials, city council members, employees and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) of any kind, nature, and description, including, but not limited to, personal injury (including, but not limited to, injuries related to or derived from alleged sexual misconduct, sexual abuse, or molestation), death, damage to real property, and damage to personal property, to the extent the liability arises out of or is in any way attributable to the performance of this Agreement by District or by any individual or entity for which District is legally liable, including but not limited to officers, agents, employees or sub-contractors of District or that arises out of or is in any way directly attributable to the alleged existence of dangerous conditions on District real property during the operation of the program contemplated hereunder. The provisions of this indemnification do not apply to any damages or losses caused by the sole negligence or willful misconduct of Consultant, its officials, elected council members, employees, agents, or program participants. Except as specifically provided in this Agreement, in no event shall District be liable in contract or tort for any special, consequential, indirect, or incidental damages, including but not limited to lost profits, arising out of or in connection with this Agreement. This obligation to indemnify and defend Consultant as set forth here is binding on the successors, assigns or heirs of District and shall survive the termination of this Agreement.
______ (Initials)

23. Insurance. District acknowledges that Consultant is self-insured against workers’ compensation claims in accordance with Labor Code section 3700(b) and that Consultant is self-insured for general liability claims in accordance with Government Code sections 989 and 990. To the extent applicable, Consultant will provide to District evidence of self-insurance coverage for the types and amounts of insurance set forth on Exhibit C hereto.

24. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
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Attention: Lisa A. Franz
Phone: (805) 385-1501 x2414
Fax: (805) 385-1507
To Consultant: City of Oxnard Recreation and Community Services 305 W. 3rd St., First Floor West Wing
Oxnard, California 93030
Attention: Terrel Harrison
Phone: (805) 385-7993
Email: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile (provided confirmation of successful facsimile transmission shall be retained) or, if mailed, three (3) work days after deposit of the same in the custody of the United States Postal Service.

25. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant.

Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of District, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

26. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

27. Administration. The Associate Superintendent, Educational Services, or designee, shall be in charge of administering this Agreement on behalf of the District. The Director of Purchasing has completed Exhibit D attached hereto.

28. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

29. Entire Agreement. This Agreement and the exhibits and documents incorporated herein constitute the entire agreement and understanding between the Parties in connection with the matters covered herein.

This Agreement supersedes any prior understanding or agreement, oral or written, of the Parties with respect to said matters.

30. Amendment. No amendment to or modification of this Agreement shall be valid or binding unless made in writing by Consultant and by District. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

31. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by District of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
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32. Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Ventura, California.

33. Dispute Resolution
Any disputes arising from this Agreement shall be resolved using the dispute resolution process described below.

The Party initiating the dispute resolution process shall prepare and send to the other Party a notice of dispute that shall include the following information: (1) a statement of the facts of the dispute, including information regarding the Party’s attempt to resolve the dispute; (2) the specific sections of the Agreement that are in dispute; and (3) the specific resolution sought by the Party. Within fourteen (14) calendar days from receipt of the notice of dispute, representatives of the Parties shall meet in an informal setting to try to resolve the dispute.

If the informal meeting fails to resolve the dispute, the Party initiating the dispute resolution process shall notify the other party (the responding party) in writing and the Parties shall agree on a mediator within fourteen (14) calendar days. If the Parties cannot mutually agree to a mediator, the Parties shall make a joint request of the State Mediation and Conciliation Service of the California Department of Industrial Relations (“SMCS”) for a list of five (5) qualified mediators. The Parties shall select a neutral arbitrator from the SMCS list by striking one name from the list in succession until only one name remains. The mediation procedure shall be informal in nature; however, the Parties may submit mediation briefs regarding the dispute at the request of the mediator. The rules of evidence will not apply and no record of the proceedings will be made. If an agreement is reached, the agreement shall be reduced to writing and shall be signed by the Parties.

Either Party may seek equitable or injunctive relief prior to the mediation to preserve the status quo or prevent irreparable injury pending the completion of that process. Except for such an action to obtain equitable relief, neither Party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session.

34. Severability. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

IN WITNESS WHEREOF, District and Consultant have executed and delivered this agreement for consultant services as of the date first written above. [SIGNATURES ON FOLLOWING PAGE]
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OXNARD SCHOOL DISTRICT: CITY OF OXNARD:

Lisa A. Franz, Director, Purchasing John Zaragoza, Mayor Date Date
Tax Identification Number: 95-6002318 Tax Identification Number: 95-6000756 ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
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􀂅 Not Project Related
Project #23-16
Exhibit A-0
page 1
EXHIBIT A-0

TO AGREEMENT FOR CONSULTANT SERVICES
I. Consultant will perform services required by District in connection with its Expanded Learning Opportunity Program (ELOP) and After School Education and Safety (ASES) programs, and specifically agrees to provide the following services under the captioned agreement:

A. Attendance:

1. Students are expected to attend the program in a way that meets the needs of their family with the understanding that it is optimal for elementary students to participate every day and optimum for middle school students to participate at least three days per week.

2. Efforts will be made to maintain consistency of attendance with the intent to reduce the turnover in enrollment.

3. Early release waivers will be used for all students recurring late start or early program release (i.e. late start for tutoring and early release for catechism or sports).

4. No early release waiver shall be approved if as a result, the child will attend less than one hour of programming.

5. Students who leave the program early with an excused reason (i.e., sick, doctor’s appointment) shall have it noted on the sign out sheet and have back up documentation filed with each month’s attendance.

6. The Consultant shall agree to meet the minimum attendance required by the ASES Grant

7. Additionally, the Consultant shall agree to serve the students as required by the ELOP funding.

B. Assurances

1. Provide an academic and enrichment after school program in each grant funded school.

2. To plan the program through a collaborative process that includes parents, youth, representatives of participating school sites, governmental agencies, local law enforcement, community organizations and the private sector.

3. Hire staff, based on the 20-1 ratio for grades 1-8 or 10:1 for Transitional Kindergarten and Kindergarten required by state and grant funding, including site coordinators, project supervisory staff and provide payroll services for Consultant employees.

4. Operate each program from the end of the school day until 6:00 PM every regular school day or for a minimum of three hours after school dismissal.

5. When agreed upon and coordinated between Consultant and District, provide a program for non-school calendar days (i.e., weekends, vacations).

6. The Consultant will provide services for 30 Intersession/non-school days.

7. Provide program assessment results to District for the annual evaluation.

Evaluation tools such as Quality Self-Assessment Tool (QSAT) or other measures of program evaluation as suggested by the California Department of Education – Expanded Learning Division and/or California After-School Network. 1865
􀂅 Not Project Related
Project #23-16
Exhibit A-0
page 2
Documentation needs to be provided quarterly for the Federal Program Monitoring Process (FPM).

8. Assist and maintain organized information for Federal Program Monitoring (FPM) at each site. The documentation needs to be submitted quarterly.

9. All food offered to students will conform to the nutrition standards as established by the U.S. Department of Agriculture (low fat content, calories, no candy, or soda). Reimbursable Meal Logs will be submitted to District Child Nutrition Services Department to ensure proper documentation for the State and Federal Food Program.

C. Professional Development

1. Provide training for after school program staff and include the District Director of Enrichment and Specialized Programs and Manager of Special Programs and services. As appropriate, include staff of collaborating organizations.

2. Attend Region 8 Program Directors and Network Meetings on a quarterly basis.

3. Professional Development-All Staff:
a. All staff participates in quarterly professional development provided by District and Consultant on the topics of Positive Behavior Intervention Support, English Learner Strategies, technology, Depth of Knowledge and inquiry strategies, Common Core State Standards, Smarter Balanced Assessment Consortium, STEM/STEAM, communication skills and other topics to align the program with the regular day throughout course of the academic school year.

D. Staff each school site to meet the 20:1 ratio with the following understanding:

1. The Recreation Supervisor will work year round (12 months/year) and be responsible for the oversight of the program, records, employee management, and communication between the City and the School District. The Recreation Supervisor will also to the best of their ability ensure all requirements are met and if necessary communicate any conflicts to the School District in a timely manner. This employee is not considered part of the 20:1 ratio.

2. The Recreation Coordinators will work year round (12 months/year) and be responsible for the planning, training, and execution of the assigned Afterschool Program components. The Recreation Coordinators are to ensure the site coordinators have all necessary materials to run the daily operations, schedule substitutes as needed, and in the absence of the Recreation Supervisor may assist in those duties. These employees are not considered part of the 20:1 ratio.

3. The Program Specialist (formerly Recreation Leader III) shall work year round (12 months/year) and run the daily operations of the program and support staff working directly with students. The site coordinator position shall address the administrative responsibilities of the program.

4. The Afterschool Site Leader shall assist the site coordinator with the daily operations of the program and provide additional support to staff working directly with students.

The site coordinator position shall address the administrative responsibilities of the program. The Site Leader may be responsible for a group except when the site coordinator is absent. In the absence of the site coordinator, the site leader is responsible for daily operations.
1866
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Project #23-16
Exhibit A-0
page 3

5. Afterschool Instructors (lead staff) are defined as the staff working with the groups of students during the program. Lead staff will have a group that does not exceed the 20:1 ratio and provide activities they have received at the monthly training in the areas of recreation, math, literacy, middle school enrichment.

6. Seasonal Coaches for Sports offered through the City of Oxnard E. Participate in monthly trainings to receive lessons and materials for the upcoming month.

Meetings will be a minimum of three hours. Trainings will be coordinated by Consultant and District.

1. Program Specialist meetings shall be held once a month to review the training received by other staff, receive training on the Continuous Quality Improvement to assist with site goals and objectives and plan collectively for activities.

2. Professional Development-Math staff
a. Participate in two full day trainings before the start of school conducted by District approved provider as per agreement with District. b. Participate in monthly trainings to receive lessons and materials for the upcoming month. Training will be three hours.

3. Professional Development – Literacy staff
a. Participate in two full day trainings before the start of school conducted by District approved provider as per agreement with District. b. Participate in monthly trainings to receive lessons and materials for the upcoming month. Training will be three hours.

4. Professional Development – Arts/Special Enrichment staff a. Participate in two full day training before the start of school conducted by District approved provider as per agreement with District. b. Participate in monthly trainings offered by District, District approved provider, and/or Consultant. Training will be between three hours.

5. Professional Development – Middle School Activity Lead a. Participate in two full day trainings before the start of school conducted by District approved provider as per agreement with District. b. Participate in monthly trainings to receive lessons and materials for the upcoming month. Trainings will be three hours.

6. Professional Development – Physical Fitness/Recreation Staff a. Participate in monthly trainings as offered by the Consultant. b. Training topics include, but not limited to: physical fitness, self-esteem and nutrition.

F. Risk Management

1. Provide background clearance through the police department and TB tests and provide monthly reports of all employees who have received clearance for employment.

2. Provide a copy of insurance documents, which verify coverage for District.

3. Clear outside contractors and events through the District risk management department. This shall occur at least 30 days prior to service or event. 1867
􀂅 Not Project Related
Project #23-16
Exhibit A-0
page 4

4. Clear all activities and enrichment courses, including flyers and advertisements, through District Risk Management Department and District Administration to ensure proper safety procedures are in place according to District timelines. This shall occur at least 30 days prior to service or event.

5. Clear all fundraisers through District Risk Management Department and District Administration to ensure compliance with Board Policies. This shall occur at least 30 days prior to service or event.

6. Participate in school wide emergency drills and learn the protective procedures at each school site.

G. Responsibility

1. Staff each school site to meet the 20:1 ratio with the following understanding:
a. Each school (20) shall be staffed with a full-time program specialist who will support the district’s site coordinator with projects as needed, lead activities and step in to cover the program in the coordinators absence. b. Every K-5 and K-8 school shall have a lead dedicated to each of these activities: recreation, math, and literacy. Where possible, recreation will have two staff to support the program.
c. K-8 schools shall have a staff dedicated to middle school enrichment. d. Middle schools shall have three staff dedicated to enrichment, recreation and academic support.

2. Report attendance daily in Q.

3. Update the weekly activity tracker by Wednesday of each week for the following week.

4. Work with District to establish and maintain partnerships with community agencies.

5. Provide student learning and enrichment materials above and beyond materials already purchased by District.

6. Participate in collaboration activities with other participating organizations.

7. Vacate learning areas within each school in the same or better conditions as they were found.

8. When hiring, final decision of hiring personnel is the Consultant’s.

9. Include the Common Core State Standards and strategies for English Learners and Special Education students in lessons.

10. Include feedback from the Director Enrichment and Specialized Programs, Manager Special Programs and Services and site principal when evaluating employees.

11. Submit a use of facility permit to the Facilities Department at District.

12. Meet weekly with District administrator.

13. Provide documentation of matching funds.

14. Operate the Program in accordance with the conditions set forth in this Exhibit A0, Exhibit A-1 and Exhibit A-3.

15. Operate the Program in accordance with the conditions set forth in Exhibit A-2, if applicable pursuant to Section 3 of this Agreement.

16. Report any unsafe physical conditions of the facilities or grounds in the afterschool activity areas to the Facilities Department at District immediately. 1868
􀂅 Not Project Related
Project #23-16
Exhibit A-0
page 5

17. Field trips may take place during the program. The District must approve field trips in writing in advance. The City staff will be responsible for the supervision, permission slips and other details relating to the field trip.

II. Intersession and Supplemental Programming
a. Intersession and Supplemental programming is defined as activities outside of the 180 days school is in session. ELOP requires 30 days of Intersession and Supplemental programming.
b. Supplemental Programs must be approved in advance by written request. c. Student ratio is the same as the regular program.
d. Field trips may take place during the program. The District must approve field trips in writing in advance. The City staff will be responsible for the supervision, permission slips and other details relating to the field trip.

III. The Oxnard School District agrees to:

A. Provide consistent, adequate and safe space for after school groups and activities after school each day in the schools with ELOP and ASES programs (including classrooms, cafeteria, restrooms, and playground).

B. Provide a District administrator to coordinate and collaborate with the Consultant’s Recreation and Community Service’s Oxnard Scholars Program.

C. Provide a staff member to help create an academic link between the program and the regular school day—reporting language arts and math assessment results to the after school program and reporting the after school results to the regular classroom teachers.

D. Provide professional development to aid in the aligning the Program with the regular school day (Math, Literacy, Arts/Special Enrichment, and Physical Fitness and Nutrition).

E. Provide consistent access to the computer lab and library.

F. Provide daily nutritional snack and/or meal through the federal free and reduced lunch program.

G. Provide daily custodial services.

H. Submit required attendance, fiscal and evaluation reports to the State of California.

I. Provide office space/station with access to phone, computer, printer and internet access.

J. Provide Access to Q.

K. Notwithstanding Consultant’s obligations contained in Exhibit A-3, administer medication to students participating in ASES Program in compliance with federal and California law.

L. Perform those actions set forth in Exhibit A-3.

IV. As part of the Services, Consultant will prepare and deliver the following tangible work products to District:

A. Certificates of insurance and additional insured endorsements for 2023-2024, as described in Exhibit C, or a letter evidencing participation in an alternative risk management program, including participation with other public agencies in mutual, cooperative, or risk management programs available through joint exercise of powers agencies to the extent that such alternative risk management program affords reasonable coverage for the risks contemplated hereunder giving consideration to similar programs or plans adopted by public entities in the State of California.

B. Evidence that employees are Para-Professional qualified. 1869
􀂅 Not Project Related
Project #23-16
Exhibit A-0
page 6
C. Monthly employee list certifying all have cleared TB and Fingerprint screenings.

D. Weekly attendance and activity reports.

E. Food Service Reimbursable Snack Logs and Q Meal Summary electronic report which meet the requirements of the federal free and reduced lunch program.

F. Evidence that Consultant’s employees and volunteers have complied with the fingerprinting and training requirements required by this Agreement.

V. During performance of the Services, Consultant will keep District appraised of the status of performance by delivering the following status reports under the indicated schedule:

STATUS REPORT FOR ACTIVITY DUE DATE
A. Monthly activity reports for each school, including trainings, lesson plans and examples of student work (Digital Format).
15th of each month
B. Monthly expenditure reports, including salaries for employees, supplies, trainings and Administrative costs.
30th of each month for the
previous month
VI. Consultant will utilize the following personnel to accomplish the Services:
􀂅 None.
􀂅 See attached list. (To be provided prior to the 1st day of school) VII. Consultant will utilize the following subcontractors to accomplish the Services (check one):
􀂅 None.
􀂅 See attached list.

VIII. AMENDMENT
The Scope of Services, including services, work product, and personnel, are subject to change by mutual Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance, Consultant shall comply with the Scope of Services as indicated above. 1870
􀂅 Not Project Related
Project #23-16
Exhibit A-1
page 1
EXHIBIT A-1
General Provisions
Consultant agrees to operate the ASES Program (“Program”) in accordance with the following general provisions:

1. Field Trips. Consultant may offer Program field trips, provided that Consultant obtains advance authorization from District, obtains advance written parent/guardian authorization, and complies with transportation policies approved by District. Consultant shall use its own permission, release, and waiver forms, provided that such forms shall provide for a release of claims against District by providing for a release of “any involved municipalities or public entities and their respective agents and employees.”

2. Parent/Guardian Visits: To the extent allowed by applicable law, Consultant shall provide for reasonable parent/guardian access to District facilities being used by Consultant during the Program. Consultant shall ensure that parent/guardian visits are in accordance with any applicable court orders.

3. Late Pick Up Policy: Consultant shall develop a reasonable late pick-up policy. The policy must be in writing and approved in advance by District. If Consultant fails to provide a late pick-up policy, the following policy shall apply. If a student has not been picked up by an authorized adult within ten (10) minutes after the Program closing time, Consultant’s staff shall call the emergency contacts for that student. If Consultant’s staff person has not been able to reach the student’s authorized adult within twenty (20) minutes past closing time, Consultant shall contact the Program director, the police, and social services for assistance. Consultant is fully responsible for properly implementing the policy.

Irrespective of whether Consultant develops and implements an approved late pick-up policy or adopts the policy set forth herein, Consultant warrants that at least two (2) staff persons will remain present at closing time to supervise the students until the last child is in the custody of an authorized adult, or, if necessary, the police and social services.

4. Reportable Incidents: If any student suffers an injury requiring medical attention during the Program, then Consultant shall immediately inform District by telephone, text, or email, and provide a written incident report to District within twenty-four (24) hours of the incident. If Consultant becomes aware of circumstances indicating the actuality or possibility of mandated reporting (including but not limited to allegations of physical, emotional, or sexual abuse, or allegations of neglect), involving any student in the Program, then Consultant shall comply with all mandated reporting requirements under California law. Consultant shall inform District immediately and shall also provide a written report of the circumstances to District within twenty-four (24) hours of becoming aware of the circumstances. Consultant assures District that all Consultant staff members, including volunteers, are familiar with child and dependent adult abuse reporting obligations and procedures under California law.

5. Emergencies/ Disasters: Consultant shall develop a reasonable disaster/emergency policy.

The policy must be in writing and approved in advance by District. If Consultant fails to provide a reasonable disaster/emergency policy, the District’s emergency/disaster policy 1871
􀂅 Not Project Related
Project #23-16
Exhibit A-1
page 2
shall apply. Consultant is fully responsible for properly implementing the policy, including but not limited to ensuring that all staff members at each site are appropriately trained in the policy, maintaining at least two (2) staff members at each site who are CPR trained, and confirming that staff members are properly instructed to access disaster preparedness kits.

6. Unauthorized Persons: In the event that Consultant’s staff discovers that any unauthorized person (including but not limited to minors who are not enrolled in the Program and not otherwise entitled to be on District property; unauthorized adults, including parents who are forbidden by court order from accessing students; and any other trespassers) is on District’s property during the operation of the Program, Consultant’s staff shall take immediate action to ensure the safety of all Program students, including, as necessary, seeking assistance from local authorities. Consultant’s staff shall immediately notify Director of Enrichment & Specialized Programs at District of the incident and provide a written report of the incident to District within twenty-four (24) hours.

7. District Facilities and Equipment: Consultant’s use of District facilities and equipment shall be limited to those uses reasonably necessary for the operation of the Program.

Consultant shall use District’s facilities and equipment with care, leaving each space clean and organized at the end of each Program day. Consultant shall not permit any third parties not affiliated with the Program to use District’s facilities and equipment. Consultant shall replace or repair any District facilities or equipment damaged by Program staff or participants, or third parties that Consultant permitted to use the facilities or equipment.

Consultant shall not install equipment or fixtures at District facilities without District’s prior written consent.
1872
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Project #23-16
Exhibit A-2
page 1
EXHIBIT A-2
SPORTS – HEALTH AND SAFETY
Consultant agrees to operate Program sports in accordance with the following provisions.

1. General Requirements for Consultant’s Program Coaches a. Satisfaction of Program staff requirements. Consultant agrees that its coaches, paid and unpaid, shall satisfy the requirements for all Program staff, including, but not limited to, requirements pertaining to employee qualifications, experience, and background checks. b. Additional requirements. Consultant further agrees that, prior to coaching a Program sport, its coaches shall have training that includes development of coaching philosophies consistent with District goals; basic knowledge of sport psychology, pedagogy, physiology, and management; training in CPR and first aid; and general information about statewide rules and regulations regarding, at minimum, eligibility, equity, and discrimination. Moreover, as set forth in more detail below, Consultant’s coaches shall receive training in specific health and safety issues, including, but not limited to, concussion, sudden cardiac arrest, heat illness, methicillin-resistant staph aureus, performance enhancement drugs, and event emergencies. Consultant shall have satisfied these requirements if Consultant provides its coaches with the information provided in the exhibits to this Agreement and any additional information provided by District to Consultant.

2. General Requirements for Student Eligibility in Program Sports a. Medical clearance. Consultant shall ensure that, prior to trying out for, practicing for, and participating in a Program sport, every student obtains a medical clearance from a health care provider who is fully licensed in the State of California. The medical clearance shall be pursuant to a physical exam with medical history, which includes, but is not limited to, review of any previous heat illness, cardiac disease, sickle cell trait, medication and supplement use, and type of training activities. Consultant may provide students with or otherwise require students to utilize the Preparticipation Physical Evaluation form and accompanying Clearance form, prepared by the California Interscholastic Federation (“CIF”), and attached hereto as Exhibit A-2(i) (or any updated forms). Consultant shall retain a copy of all medical clearances for a period of at least three (3) years, and, upon District’s request, provide the copies to District. b. Adherence to recommendations. Consultant agrees to require its coaches to review and abide by any and all medical restrictions and recommendations listed in each student’s medical clearance form. Consultant acknowledges that a student’s medical clearance may be rescinded or altered by the health care provider due to changed conditions, in which event Consultant agrees to be bound by the revised restrictions or recommendations.
c. Current illness or injury. For the health and safety of all Program participants, Consultant shall permit any student who is reasonably known or observed to have an active febrile or gastrointestinal illness to participate in Program sports until such time the affected student has recovered from the illness and provided Consultant with a written medical clearance. Consultant shall not permit any student who is reasonably known or observed to have an injury (except minor injuries, such as minor cuts or abrasions) to participate in Program sports without written medical clearance. 1873
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Project #23-16
Exhibit A-2
page 2
d. Sign In and Sign Out Sheet. Consultant must provide a sign-in and sign-out sheet for all Program sports activities, including tryouts, practices, and games, that includes, at minimum, the date, student’s name, time of sign-in and time of sign-out, and name of authorized adult who signed out the student. All students and/or guardians must use the sheet to sign in and out of all Program sports. e. Off-site Sports Activities. Consultant may offer off-site sports activities, provided that Consultant obtains advance authorization from District, obtains advance written parent/guardian authorization, and complies with transportation policies approved by District. Consultant shall use its own permission, release, and waiver forms, provided that such forms shall provide for a release of claims against District by providing for a release of “any involved municipalities or public entities and their respective agents and employees.”

3. Concussions
Consultant agrees to adhere to the following standards regarding concussions and serious head injuries.
a. Coaches – requirements prior to coaching
i. As a prerequisite to coaching any Program sport, Consultant’s coaches shall receive training on concussions and provide proof of such training to Consultant. The training can be completed through the free, online course “Concussions in Sports” (or any updated course) which is available through the National Federation of State High School Associations website. As proof of training, Consultant’s coaches shall download and print their certificate at the completion of the course, and, provide a copy of the certification to Consultant.
ii. Consultant’s coaches shall receive concussion training at least once a year. iii. Consultant shall retain a copy of all certifications for a period of at least three (3) years, and, upon District’s request, provide a copy to District. b. Students – requirements prior to participation
i. As a prerequisite to a student beginning practice or competition in any Program sports activity, the student and the student’s parent or guardian shall review and sign a concussion and head injury information sheet. Consultant shall provide the concussion and head injury information sheet, the form and content of which shall be subject to District’s prior approval. Consultant may use the “Concussion Information Sheet” prepared by CIF, which is attached hereto in English and Spanish as Exhibits A-2(ii) and A-2(iii), respectively (or any updated forms).
ii. Students and student parents/guardians shall complete a new concussion and head injury information sheet each year.
iii. Consultant shall make two (2) copies of each signed concussion information sheet.

Consultant shall return the first copy to the student’s parent or guardian. Consultant shall retain the second copy for a period of at least three (3) years, and, upon District’s request, provide the copies to District. 1874
􀂅 Not Project Related
Project #23-16
Exhibit A-2
page 3
c. Coaches – requirements if student may have sustained concussion i. Consultant shall immediately remove from competition, whether in practice or a game, any student who is suspected of sustaining a concussion or head injury, and seek emergency medical attention for the student.
ii. Consultant shall follow all other medical procedures in this Agreement, including, but not limited to, contacting the student’s parent or guardian, and completing the requisite incident forms. d. Students – requirements for participation after suspected concussion i. A student who has been removed from play due to a suspected concussion or head injury may not participate in any Program sports until the student has (A) been evaluated by a health care provider who is fully licensed in the State of California and trained in the evaluation and management of concussions, and (B) received written medical clearance to return to play from that health care provider.

Consultant may request that students use the Acute Concussion Evaluation form, attached hereto as Exhibit A-2(iv).
ii. In no event shall a student return to practice or competition in a Program sport on the same day that the student was suspected of sustaining or having a concussion or other head injury. iii. Subsequent to the student’s suspected head injury, Consultant agrees to enforce the health care provider’s recommendations and restrictions regarding the student’s participation in Program activities, and to continue to monitor the student for any further signs or symptoms of a concussion or other head injury.
iv. Consultant agrees to maintain copies of any written medical clearances pertaining to a suspected concussion or other head injury for a period of at least three (3) years, and, upon District’s request, provide the copies to District.

4. Sudden Cardiac Arrest (“SCA”)
Consultant agrees to adhere to the following standards regarding SCA, which is the sudden and unexpected loss of heart function and among the leading causes of death for student athletes. a. Coaches – requirements prior to coaching
i. As a prerequisite to coaching any Program sport, Consultant’s coaches shall receive training on SCA and provide proof of such training to Consultant. The training can be completed through the free, online course “Cardiac Wise” (or any updated course), which is available through the CIF website. As proof of training, Consultant’s coaches shall download and print their certificate at the completion of the course, and, provide a copy of the certification to Consultant. ii. Consultant’s coaches shall receive SCA training at least once a year. iii. Consultant shall retain a copy of all certifications for a period of at least three (3) years, and, upon District’s request, provide the copies to District. 1875
􀂅 Not Project Related
Project #23-16
Exhibit A-2
page 4
b. Students – requirements prior to participation
i. As a prerequisite to a student beginning practice or competition in any Program sport, the student and the student’s parent or guardian shall review and sign an SCA information sheet.

Consultant shall provide the SCA information sheet, the form and content of which shall be subject to District’s prior approval. Consultant may use the SCA information sheet “Keep Their Heart in the Game – a sudden cardiac arrest information sheet for athletes and parents/guardians” prepared by CIF, a sample of which is attached as Exhibit A-2(v) (or any updated form). ii. Students and student parents/guardians shall complete a new concussion and head injury information sheet each year.
iii. Consultant shall make two (2) copies of each signed information sheet. Consultant shall return the first copy to the student’s parent or guardian. Consultant shall retain the second copy for a period of at least three (3) years, and, upon District’s request, provide the copies to District. c. Coaches – requirements if student faints
i. Consultant shall immediately remove from competition, whether in practice or a game, any student who exhibits fainting, which is the main warning sign of a potential heart condition.

Consultant shall then seek emergency medical attention for the student. ii. Consultant shall follow all other medical procedures in this Agreement, including, but not limited to, contacting the student’s parent or guardian, and completing the requisite incident forms. d. Students – requirements for participation after suspected SCA event i. A student who has been removed from play due to a suspected SCA event may not participate in any Program sports until the student has (A) been evaluated by a health care provider who is fully licensed in the State of California and trained in the evaluation and management of SCA, and (B) received written clearance to return to play from that health care provider. ii. In no event shall a student return to practice or competition on the same day that the student was suspected of having an SCA event.
iii. Consultant agrees to enforce the health care provider’s recommendations and restrictions regarding the student’s participation in Program activities, and to continue to monitor the student for any further signs or symptoms of SCA.
iv. Consultant agrees to maintain copies of any written medical clearances, and, upon District’s request, provide the copies to District.

5. Heat Illness
Consultant agrees to adhere to the following standards regarding heat illness. 1876
􀂅 Not Project Related
Project #23-16
Exhibit A-2
page 5
a. Coaches – education about heat illness prevention. Consultant agrees to require its coaches to obtain training about the prevention of heat illness in students participating in athletics at least once a year. The training may be completed through the free, online course “A Guide to Heat Acclimatization and Heat Illness Prevention” (or any updated course), which is available through the CIF website.
b. Preventative Measures. Consultant’s coaches shall endeavor to decrease the likelihood of Program students suffering heat illness by taking preventative measures, including, but not limited to:
i. educating students participating in Program sports to arrive at practice or competition well-hydrated;
ii. instructing students to stay hydrated in between practices; iii. educating students to avoid drinks which dehydrate the body, such as drinks containing stimulants such as ephedrine or high amounts of caffeine; iv. providing water or sports drinks to students during practice and competition, and providing students with water breaks at least every thirty (30) to forty-five (45) minutes; v. allowing adequate rest breaks in the shade, and allowing students to remove unnecessary equipment during rest breaks;
vi. if applicable, gradually increasing the intensity and duration of exercise over a seven (7) to fourteen (14) day period in order to give students time to acclimate to practicing in the heat; and
vii. if applicable, introducing protective equipment in phases in order to give students time to acclimate to the additional (e.g., start with helmet, progress to helmet and shoulder pads, and finally progress to full uniform).

6. Methicillin-Resistant Staph Aureus (MRSA)
Consultant agrees to adhere to the following standards regarding MRSA (a type of staph infection that is resistant to many common antibiotics, and which, if left untreated, can be serious or deadly). a. Coaches – education about MRSA. Consultant shall take reasonable steps to ensure that its coaches are aware of the warning signs, risks, and treatment of MRSA. At minimum, Consultant shall provide its coaches with a copy of the Sports Medicine Alert for Coaches about MRSA, prepared by CIF, and attached hereto as Exhibit A-2(vi), or any updated alert or information sheet. b. Coaches - preventative measures. Consultant shall require its coaches to adopt precautionary measures to decrease the risk of spreading MRSA, including, but not limited to, recommending that students shower with soap (at home or otherwise) as soon as possible after practices and competitions; instructing students not to share equipment, clothing, towels, or personal grooming items; recommending that students wash their uniforms or sportswear after each use; requiring students to cover all wounds, cuts, and abrasions, especially during practice and competition; and ensuring that all Program 1877
􀂅 Not Project Related
Project #23-16
Exhibit A-2
page 6
sports equipment surfaces (e.g., benches, mats) are cleaned and disinfected on a daily basis, using supplies provided by District.
c. Coaches – duty to inform students and parents/guardians. Consultant shall take reasonable steps to inform students participating in Program sports and their parents or guardians about the risks of MRSA, including, but not limited to, providing the students and their parents or guardians with the Sports Medicine Alert for Students, Parents and Guardians about MRSA, prepared by CIF, and attached hereto as Exhibit A-2(vii), or any updated alert or information sheet at least once a year.

7. Performance Enhancement Drugs
Consultant agrees to adhere to the following standards regarding performance enhancement drugs. a. Consultant development and implementation of policy. Consultant shall adopt a policy prohibiting the use and abuse of steroids or other performance enhancement drugs, which policy is subject to District approval. Consultant may adopt District’s policy, or use the Steroids Policy Form prepared by CIF and attached hereto as Exhibit A-2(viii) (or any updated form) as a reference in developing its own policy, the form and content of which shall be subject to District’s prior approval. b. Student and parent/guardian agreement about policy. The policy shall require that all students participating in Program sports and their parents or guardians to agree in writing that the student will not use performance enhancement drugs except with the written prescription of a licensed physician in order to treat a medical condition.
c. Annual update. Students and student parents/guardians shall complete a new performance enhancement drug agreement each year. Consultant agrees to train its coaches on its District-approved performance enhancement drug policy at least once a year. d. Copies of agreement. Consultant shall make two (2) copies of each agreement about the drug enhancement policy. Consultant shall return the first copy to the student’s parent or guardian.

Consultant shall retain the second copy for a period of at least three (3) years, and, upon District’s request, provide the copies to District.
e. Applicability. At District’s discretion, the requirements of this section, or any portion thereof, may be made applicable only to District’s intermediate students (and thereby exempt in whole or part District’s elementary students).
1878
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Project #23-16
Exhibit A-2
page 7

8. Event Emergency Guidelines
a. Adoption of policy. Consultant shall adopt an event emergency guideline protocol for all sporting events. The protocol shall be subject to District approval, which shall be unreasonably withheld.

Consultant may adopt District’s event emergency protocol or use the Event Emergency Guidelines prepared by CIF and attached hereto as Exhibit A-2(ix) (or any updated guidelines) as a reference in developing its own guidelines for District approval. The event emergency guideline protocol shall address, at minimum, and include protocols regarding specific threats, including, but not limited to, injuries, medical emergencies, fire, earthquake, severe weather, active shooters, other weapons, suspicious behavior, personnel harassment, missing child, abduction, controlled substances, assaults, and bomb threats. b. Training regarding policy. Prior to implementing any Program sports activities, Consultant must take reasonable steps to ensure that its coaches are informed about and well-versed in the District-approved event emergency policy.
c. Biennial Review. If the Program is a multi-year program, Consultant and District shall review and update the policy at least every two (2) years. 1879
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Exhibit A-3
page 1
EXHIBIT A-3

ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS AND PROVISION OF

EMERGENCY ASSISTANCE
Consultant and District agree to operate the Program in accordance with the following requirements. Consultant shall not administer any medication not explicitly set forth herein.

1. Requirements for Administration of Epinephrine (Epi-pen) a. Obligation to Administer Epinephrine; Authorized Individuals Pursuant to Education Code section 49414, District shall provide emergency epinephrine and autoinjectors to school nurses or trained personnel who have volunteered to provide emergency medical aid to persons suffering or reasonably believed to be suffering from an anaphylactic reaction (i.e., potentially lifethreatening hypersensitivity to a substance). Consultant shall designate those employees and/or volunteers that have volunteered to provide emergency medical aid to persons suffering or reasonably believed to be suffering from an anaphylactic reaction and provide District with a list of those individuals prior to the provision of any Services under this Agreement. Consultant shall at all times maintain a designated employee and/or volunteer at all Program sites. Consultant shall only allow its employees and/or volunteers who have received proper training as set forth below to administer an epinephrine auto-injector to a person suffering, or reasonably believed to be suffering, from an anaphylactic reaction if a District nurse is not onsite and when a physician is not immediately available. Any employee and/or volunteer of Consultant that administers an epinephrine auto-injector to a person suffering, or reasonably believed to be suffering, form an anaphylactic reaction shall initiate emergency medical services or other appropriate medical follow up in accordance with the training materials that District retains onsite. b. Training of Voluntary Consultant Employees and Volunteers Consultant shall provide all designated Consultant employees and/or volunteers epinephrine training. All epinephrine training must be provided by a licensed physician or nurse and in compliance with the CDE’s Training Standards for the Administration of Epinephrine Auto-Injectors, available online at http://www.cde.ca.gov/ls/he/hn/epiadmin.asp. The training shall cover at a minimum the information listed in the CDE’s Training Standards for the Administration of Epinephrine Auto-Injectors, which includes (a) techniques for recognizing symptoms of anaphylaxis, (b) standards and procedures for the storage and emergency use of epinephrine auto-injectors, (c) emergency follow-up procedures, including calling 911 phone number and contacting, if possible, the student’s parent/guardian and physician, and (d) instruction and certification in cardiopulmonary resuscitation. Consultant warrants that it will provide training that complies with CDE guidelines and requirements. In the event of a conflict between the training requirements set forth herein and in the CDE training standards, the requirements in the CDE training standards shall control. All training materials shall be retained at Program sites.

2. Epinephrine Prescriptions
For each school site, District shall obtain from an authorizing physician and surgeon an epinephrine auto-injectors prescription that, at a minimum, includes for elementary schools, one regular epinephrine auto-injector and one junior epinephrine auto-injector, and for junior high schools and middle schools, if there are no pupils who require a junior epinephrine auto-injector, one regular epinephrine auto-injector.

District shall be responsible for stocking the epinephrine auto-injector, restocking it if it is used and 1880
􀂅 Not Project Related
Project #23-16
Exhibit A-3
page 2
providing access to those employees and/or volunteers of Consultant that have volunteered to provide emergency medical aid to persons suffering or reasonably believed to be suffering from an anaphylactic reaction. Consultant shall promptly notify District no more than forty-eight (48) hours after any administration of an epinephrine auto-injector.

3. Requirements for the Provision of Emergency Assistance Consultant shall at all times maintain an employee and/or volunteer at all Program sites to provide emergency assistance to any Program participant who is injured or suddenly becomes ill. Consultant shall provide the necessary training in cardiopulmonary resuscitation (CPR), an automated external defibrillator (AED) and first aid to its employees and/or volunteers who have volunteered to provide emergency assistance. Consultant shall designate those employees and/or volunteers that have volunteered to provide emergency assistance and provide District with a list of those individuals prior to the provision of any Services under this Agreement. Consultant shall only allow its employees and/or volunteers who have received proper certification to provide emergency assistance. For purposes of this Agreement, “emergency assistance” shall include the provision of CPR in the event of cardiac arrest; use of an AED to analyze a person’s heart rhythm and deliver an electrical shock to restore heartbeat; and the provision of other forms of first aid to respond to common first aid emergencies, including burns, cuts, and head, neck and back injuries. Any employee and/or volunteer of Consultant that provides emergency assistance shall initiate emergency medical services or other appropriate medical follow up in accordance with their training.

4. Copies of Documents
Consultant shall maintain a copy of all health care documents and provide a copy of same to District.
1881
Exhibit “A(2)(i)”
1882
Exhibit “A(2)(i)”
1883
1884
1885
1886
Exhibit “A(2)(ii)”
1887
(INSERT SCHOOL NAME HERE)
Concussion Information Sheet
Adapted from the CDC and the 3rd International Conference on Concussion in Sport Document created 5/20/2010
A concussion is a brain injury and all brain injuries are serious. They are caused by a bump, blow, or jolt to the head, or by a blow to another part of the body with the force transmitted to the head. They can range from mild to severe and can disrupt the way the brain normally works.

Even though most concussions are mild, all concussions are potentially serious and may result in complications including prolonged brain damage and death if not recognized and managed properly. In other words, even a “ding” or a bump on the head can be serious. You can’t see a concussion and most sports concussions occur without loss of consciousness. Signs and symptoms of concussion may show up right after the injury or can take hours or days to fully appear. If your child reports any symptoms of concussion, or if you notice the symptoms or signs of concussion yourself, seek medical attention right away.

Symptoms may include one or more of the following:
 Headaches
 “Pressure in head”
 Nausea or vomiting
 Neck pain
 Balance problems or dizziness
 Blurred, double, or fuzzy vision
 Sensitivity to light or noise
 Feeling sluggish or slowed down
 Feeling foggy or groggy
 Drowsiness
 Change in sleep patterns
 Amnesia
 “Don’t feel right”
 Fatigue or low energy
 Sadness
 Nervousness or anxiety
 Irritability
 More emotional
 Confusion
 Concentration or memory problems
(forgetting game plays)
 Repeating the same question/comment
Signs observed by teammates, parents and coaches include:
 Appears dazed
 Vacant facial expression
 Confused about assignment
 Forgets plays
 Is unsure of game, score, or opponent
 Moves clumsily or displays incoordination
 Answers questions slowly
 Slurred speech
 Shows behavior or personality changes
 Can’t recall events prior to hit
 Can’t recall events after hit
 Seizures or convulsions
 Any change in typical behavior or personality
 Loses consciousness
What can happen if my child keeps on playing with a concussion or returns to soon? Athletes with the signs and symptoms of concussion should be removed from play immediately.

Continuing to play with the signs and symptoms of a concussion leaves the young athlete 1888
(INSERT SCHOOL NAME HERE)
Concussion Information Sheet
Adapted from the CDC and the 3rd International Conference on Concussion in Sport Document created 5/20/2010
especially vulnerable to greater injury. There is an increased risk of significant damage from a concussion for a period of time after that concussion occurs, particularly if the athlete suffers another concussion before completely recovering from the first one. This can lead to prolonged recovery, or even to severe brain swelling (second impact syndrome) with devastating and even fatal consequences. It is well known that adolescent or teenage athlete will often under report symptoms of injuries. And concussions are no different. As a result, education of administrators, coaches, parents and students is the key for student-athlete’s safety.

If you think your child has suffered a concussion
Any athlete even suspected of suffering a concussion should be removed from the game or practice immediately. No athlete may return to activity after an apparent head injury or concussion, regardless of how mild it seems or how quickly symptoms clear, without medical clearance. Close observation of the athlete should continue for several hours. The new CIF Bylaw 313 now requires implementation of long and well-established return to play concussion guidelines that have been recommended for several years:
“A student-athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be removed from competition at that time and for the remainder of the day.”
and
“A student-athlete who has been removed may not return to play until the athlete is evaluated by a licensed heath care provider trained in the evaluation and management of concussion and received written clearance to return to play from that health care provider”.

You should also inform your child’s coach if you think that your child may have a concussion Remember its better to miss one game than miss the whole season. And when in doubt, the athlete sits out.

For current and up-to-date information on concussions you can go to:
http://www.cdc.gov/ConcussionInYouthSports/
_____________________________ _____________________________ _____________ Student-athlete Name Printed Student-athlete Signature Date _____________________________ ______________________________ _____________ Parent or Legal Guardian Printed Parent or Legal Guardian Signature Date 1889
Exhibit “A(2)(iii)”
1890
(INSERT SCHOOL NAME HERE)
Información acerca de las concusiones cerebrales
Adaptado del Centro de Control de Enfermedades y el documento de la 3aconferencia internacional sobre las concusiones deportivas escrito el 5/20/2010
Una concusión es una herida cerebral y todas las heridas cerebrales son graves. Dichas heridas son causadas por un golpe ligero, un golpe fuerte a la cabeza, un movimiento repentino de la cabeza o por un golpe fuerte a otra parte del cuerpo con fuerza que se trasmite a la cabeza. Las heridas varían entre ligeras o graves y pueden interrumpir la manera en la que el cerebro funciona. Aunque la mayoría de las concusiones cerebrales son ligeras, todas las concusiones cerebrales tienen el potencial de ser graves y si no se reconocen y tratan correctamente podrían tener como resultado complicaciones incluyendo daño cerebral prolongado o la muerte. Eso quiere decir que cualquier “golpecito” a la cabeza podría ser grave. Las concusiones cerebrales no son visibles y en su mayoría las concusiones cerebrales que ocurren durante los deportes no ocasionan la perdida de conciencia. Las señales y síntomas de una concusión cerebral podrían aparecer inmediatamente después de una herida o después de horas o días. Si su hijo(a) reporta cualquier síntoma de una concusión cerebral, o si se da cuenta de los síntomas de una concusión cerebral, por favor consiga atención médica sin demora.

Los siguientes son algunos de los síntomas de una concusión:
 Dolor de cabeza
 “Presión en la cabeza”
 Nausea o vómito
 Dolor de cuello
 Problemas de equilibrio o mareos
 Visión borrosa o visión doble
 Sensibilidad a la luz o ruido
 Decaído
 Adormecido
 Mareado
 Cambios en los hábitos de dormir
 Amnesia
 “No se siente bien”
 Fatiga o energía baja
 Tristeza
 Nervios o ansiedad
 Irritabilidad
 Más sensible
 Confundido
 Problemas con concentración o memoria
(por ejemplo: olvidar las jugadas)
 Repetir la misma pregunta o comentario
Los siguientes síntomas son observados por compañeros, padres y entrenadores:
 Parece desorientado
 Tiene una expresión facial vacía
 Está confundido acerca de la tarea o actividad
 Se olvida de las jugadas
 Está confundido sobre el juego, los puntos o el oponente  Se mueve torpemente o muestra una falta de coordinación  Contesta las preguntas lentamente
 Arrastra las palabras
 Muestra cambios de comportamiento o personalidad
 No puede recordar los eventos que sucedieron antes de la colisión  No puede recordar los eventos que sucedieron después de la colisión  Ataques o convulsiones
 Cualquier cambio en el comportamiento típico o personalidad  Perdida de la conciencia
1891
(INSERT SCHOOL NAME HERE)
Información acerca de las concusiones cerebrales
Adaptado del Centro de Control de Enfermedades y el documento de la 3aconferencia internacional sobre las concusiones deportivas escrito el 5/20/2010
¿Qué puede pasar si mi hijo(a) sigue jugando con una concusión cerebral o regresa a jugar antes de que este recuperado?
Los deportistas con señales o síntomas de una concusión cerebral deben dejar de jugar inmediatamente.

Continuar jugando con las señales o síntomas de una concusión pone al deportista en riesgo de sufrir una herida más grave. La probabilidad de que se sufra daño significativo de una concusión aumenta cuando ha pasado un periodo de tiempo largo después de que sucedió la concusión, sobre todo si el deportista sufre otra concusión antes de recuperarse completamente de la primera. Eso puede traer como consecuencia una recuperación más prolongada o incluso una hinchazón cerebral (síndrome de segundo impacto) con consecuencias devastadoras o fatales. Es bien conocido que los deportistas adolescentes no reportan mucho los síntomas de sus heridas. Eso es el caso también con las concusiones cerebrales. Por lo mismo es importante que los administradores, entrenadores, padres y estudiantes estén bien informados, el cual es clave para la seguridad de los estudiantes deportistas.

Si cree que su hijo(a) ha sufrido una concusión
En cualquier situación donde se sospecha que un deportista tiene una concusión, es importante sacar a este estudiante del juego o entrenamiento inmediatamente. Ningún deportista puede volver a participar en la actividad después de sufrir una herida de cabeza o concusión cerebral sin el permiso de un doctor, no importa si la herida parece ser ligera o los síntomas desaparecen rápidamente. Se debe de observar cuidadosamente el mejoramiento del deportista por varias horas. El nuevo estatuto 313 de la Federación Interescolar de California (CIF por sus siglas en inglés) requiere la implementación de las siguientes normas para regresar a jugar un deporte después de sufrir una concusión, las cuales se han recomendado por muchos años:
“Cuando se sospeche que un estudiante deportista ha sufrido una concusión o herida de cabeza en un entrenamiento o juego, a este estudiante deportista se le debe sacar de la competencia en ese momento y por el resto del día”.

Y
“A un estudiante deportista que se le ha sacado del juego no podrá volver a jugar hasta que le evalué un doctor licenciado con capacitación en la evaluación y manejo de las concusiones y hasta que se reciba un permiso por escrito para volver a jugar de dicho doctor”.

También debe informar al entrenador(a) de su hijo(a) si piensa que ha sufrido una concusión cerebral.

Recuerde que es mejor faltar un partido que faltar toda la temporada. Si existe alguna duda de que el deportista sufrió una concusión cerebral o no, se tomará precauciones y no podrá jugar.

Si desea información actual acerca de las concusiones cerebrales por favor visiten el sitio en Internet:
http://www.cdc.gov/ConcussionInYouthSports/
_____________________________ _____________________________ _____________ Nombre del estudiante deportista Firma del estudiante deportista Fecha _____________________________ ______________________________ _____________ Nombre del padre, madre o tutor Firma del padre, madre o tutor Fecha 1892
Exhibit “A(2)(iv)”
1893
— SCHOOL VERSION —

Acute concussion evAluAtion (Ace) Patient Name:
cAre PlAn DOB: Age:

Gerard Gioia, PhD1 & Micky Collins, PhD2
1 Children’s National Medical Center Date: ID/MR# 2
University of Pittsburgh Medical Center Date of Injury:

You have been diagnosed with a concussion (also known as a mild traumatic brain injury). This personal plan is based on your symptoms and is designed to help speed your recovery. Your careful attention to it can also prevent further injury.

Rest is the key. You should not participate in any high risk activities (e.g., sports, physical education (PE), riding a bike, etc.) if you still have any of the symptoms below. It is important to limit activities that require a lot of thinking or concentration (homework, job-related activities), as this can also make your symptoms worse. If you no longer have any symptoms and believe that your concentration and thinking are back to normal, you can slowly and carefully return to your daily activities. Children and teenagers will need help from their parents, teachers, coaches, or athletic trainers to help monitor their recovery and return to activities.

Today the following symptoms are present (circle or check). ____No reported symptoms Physical Thinking Emotional Sleep
Headaches Sensitivity to light Feeling mentally foggy Irritability Drowsiness Nausea Sensitivity to noise Problems concentrating Sadness Sleeping more than usual Fatigue Numbness/Tingling Problems remembering Feeling more emotional Sleeping less than usual Visual problems Vomiting Feeling more slowed down Nervousness Trouble falling asleep Balance Problems Dizziness
RED FLAGS: Call your doctor or go to your emergency department if you suddenly experience any of the following Headaches that worsen Look very drowsy, can’t be awakened Can’t recognize people or places Unusual behavior change Seizures Repeated vomiting Increasing confusion Increasing irritability Neck pain Slurred speech Weakness or numbness in arms or legs Loss of consciousness Returning to Daily Activities

1. Get lots of rest. Be sure to get enough sleep at night- no late nights. Keep the same bedtime weekdays and weekends.

2. Take daytime naps or rest breaks when you feel tired or fatigued.

3. Limit physical activity as well as activities that require a lot of thinking or concentration. These activities can make symptoms worse.
• Physical activity includes PE, sports practices, weight-training, running, exercising, heavy lifting, etc. • Thinking and concentration activities (e.g., homework, classwork load, job-related activity).

4. Drink lots of fluids and eat carbohydrates or protein to main appropriate blood sugar levels.

5. As symptoms decrease, you may begin to gradually return to your daily activities. If symptoms worsen or return, lessen your activities, then try again to increase your activities gradually.

6. During recovery, it is normal to feel frustrated and sad when you do not feel right and you can’t be as active as usual.

7. Repeated evaluation of your symptoms is recommended to help guide recovery.

Returning to School

1. If you (or your child) are still having symptoms of concussion you may need extra help to perform school-related activities.

As your (or your child’s) symptoms decrease during recovery, the extra help or supports can be removed gradually.

2. Inform the teacher(s), school nurse, school psychologist or counselor, and administrator(s) about your (or your child’s) injury and symptoms. School personnel should be instructed to watch for:
• Increased problems paying attention or concentrating
• Increased problems remembering or learning new information • Longer time needed to complete tasks or assignments
• Greater irritability, less able to cope with stress
• Symptoms worsen (e.g., headache, tiredness) when doing schoolwork ~Continued on back page~
This form is part of the “Heads Up: Brain Injury in Your Practice” tool kit developed by the Centers for Disease Control and Prevention (CDC). 1894
Returning to School (Continued)
Until you (or your child) have fully recovered, the following supports are recommended: (check all that apply)

__No return to school. Return on (date)

__Return to school with following supports. Review on (date)

__Shortened day. Recommend ___ hours per day until (date)

__Shortened classes (i.e., rest breaks during classes). Maximum class length: _____ minutes.

__Allow extra time to complete coursework/assignments and tests.

__Lessen homework load by ________%. Maximum length of nightly homework: ______ minutes.

__No significant classroom or standardized testing at this time.

__Check for the return of symptoms (use symptom table on front page of this form) when doing activities that require a

lot of attention or concentration.
__Take rest breaks during the day as needed.
__Request meeting of 504 or School Management Team to discuss this plan and needed supports.

Returning to Sports

1. You should NEVER return to play if you still have ANY symptoms – (Be sure that you do not have any symptoms at rest and while doing any physical activity and/or activities that require a lot of thinking or concentration.)

2. Be sure that the PE teacher, coach, and/or athletic trainer are aware of your injury and symptoms.

3. It is normal to feel frustrated, sad and even angry because you cannot return to sports right away. With any injury, a full recovery will reduce the chances of getting hurt again. It is better to miss one or two games than the whole season.

The following are recommended at the present time:
___ Do not return to PE class at this time
___ Return to PE class
___ Do not return to sports practices/games at this time ___ Gradual return to sports practices under the supervision of an appropriate health care provider (e.g., athletic trainer, coach, or physical education teacher).
• Return to play should occur in gradual steps beginning with aerobic exercise only to increase your heart rate (e.g., stationary cycle); moving to increasing your heart rate with movement (e.g., running); then adding controlled contact if appropriate; and finally return to sports competition. • Pay careful attention to your symptoms and your thinking and concentration skills at each stage of activity. Move to the next level of activity only if you do not experience any symptoms at the each level. If your symptoms return, let your health care provider know, return to the first level, and restart the program gradually.

Gradual Return to Play Plan

1. No physical activity

2. Low levels of physical activity (i.e., symptoms do not come back during or after the activity). This includes walking, light jogging, light stationary biking, light weightlifting (lower weight, higher reps, no bench, no squat).

3. Moderate levels of physical activity with body/head movement. This includes moderate jogging, brief running, moderateintensity stationary biking, moderate-intensity weightlifting (reduced time and/or reduced weight from your typical routine).

4. Heavy non-contact physical activity. This includes sprinting/running, high-intensity stationary biking, regular weightlifting routine, non-contact sport-specific drills (in 3 planes of movement).

5. Full contact in controlled practice.

6. Full contact in game play.

*Neuropsychological testing can provide valuable information to assist physicians with treatment planning, such as return to play decisions.

This referral plan is based on today’s evaluation:
___ Return to this office. Date/Time
___ Refer to: Neurosurgery____ Neurology____ Sports Medicine____ Physiatrist____ Psychiatrist____ Other____ ___ Refer for neuropsychological testing
___ Other
ACE Care Plan Completed by:_____________________________ © Copyright G. Gioia & M. Collins, 2006 1895
Exhibit “A(2)(v)”
1896
A Sudden Cardiac Arrest Information Sheet for Athletes and Parents/Guardians What is sudden cardiac arrest?
Sudden cardiac arrest (SCA) is when the heart stops beating, suddenly and unexpectedly.

When this happens blood stops flowing to the brain and other vital organs. SCA is NOT a heart attack. A heart attack is caused by a blockage that stops the flow of blood to the heart. SCA is a malfunction in the heart’s electrical system, causing the victim to collapse.

The malfunction is caused by a congenital or genetic defect in the heart’s structure.

How common is sudden cardiac arrest in the United States? Asthe leading cause of death in the U.S., there are more than 300,000 cardiac arrests outside hospitals each year, with nine out of 10 resulting in death. Thousands of sudden cardiac arrests occur among youth, as it is the #2 cause of death under 25 and the #1 killer of student athletes.

Who is at risk for sudden cardiac arrest?
SCA is more likely to occur during exercise or physical activity, so student-athletes are at greater risk. While a heart condition may have no warning signs, studies
show that many young people do have symptoms but
neglect to tell an adult. This may be because they are
embarrassed, they do not want to jeopardize their playing time, they mistakenly think they’re out of shape and need to train harder, or they simply ignore the symptoms, assuming they will “just go away.” Additionally, some health history factors increase the risk of SCA.

What should you do if your student-athlete is experiencing any of these symptoms?
We need to let student-athletes know that if they experience any SCA-related symptoms it is crucial to alert an adult and get follow-up care as soon as possible with a primary care physician. If the athlete has any of the SCA risk factors, these should also be discussed with a doctor to determine if further testing is needed.

Wait for your doctor’s feedback before returning to play, and alert your coach, trainer and school nurse about any diagnosed conditions.

TheCardiac Chain ofSurvival
On average it takes EMS teams up to 12 minutes to arrive to a cardiac emergency. Every minute delay in attending to a sudden cardiac arrest victim decreases the chance
of survival by 10%. Everyone should be prepared to take action in the first minutes of collapse.

Early Recognition of Sudden Cardiac Arrest
Collapsed and unresponsive.

Gasping, gurgling, snorting, moaning
or labored breathing noises.

Seizure-like activity.

Early Access to 9-1-1
Confirm unresponsiveness.

Call 9-1-1 and follow emergency
dispatcher's instructions.

Call any on-site Emergency Responders.

Early CPR
Begin cardiopulmonary resuscitation
(CPR) immediately. Hands-only CPR involves fast
and continual two-inch chest compressions—
about 100 per minute.

Early Defibrillation
Immediately retrieve and use an automated
external defibrillator (AED) as soon as possible
to restore the heart to its normal rhythm. Mobile
AED units have step-by-step instructions for a bystander to use in an emergency situation.

Early Advanced Care
Emergency Medical Services (EMS)
Responders begin advanced life support
including additional resuscitative measures and
transfer to a hospital.

Cardiac Chain of Survival Courtesy of Parent Heart Watch What is an AED?
An automated external defibrillator (AED) is the only way to save a sudden cardiac arrest victim. An AED is a portable, user-friendly device that automatically diagnoses potentially life-threatening heart rhythms and delivers an electric shock to restore normal rhythm. Anyone can operate an AED, regardless of training. Simple audio direction instructs the rescuer
when to press a button to deliver the shock, while
other AEDs provide an automatic shock if a fatal heart
rhythm is detected. A rescuer cannot accidently hurt a
victim with an AED—quick action can only help. AEDs are designed to only shock victims whose hearts need to be restored to a healthy rhythm. Check with your school for locations of on-campus AEDs.

A E D

FAINTING
is the
#1SYMPTOM

OF A HEARTCONDITION
KeepTheir Heart in the Game
1897
Recognize theWarningSigns & Risk Factors
of Sudden Cardiac Arrest (SCA)
Tell Your Coach and Consult Your Doctor if These Conditions are Present in Your Student-Athlete What is CIF doing to help protect student-athletes?
CIF amended its bylaws to include language that adds SCA training to coach certification and practice and game protocol that empowers coaches to remove from play a student-athlete who exhibits fainting—the number one warning sign of a potential heart condition. A student-athlete who has been removed from play after displaying signs or symptoms associated with SCA may not return to play until he or she is evaluated and cleared by a licensed health care provider. Parents, guardians and caregivers are urged to dialogue with student-athletes about their heart health and everyone associated with high school sports should be familiar with the cardiac chain of survival so they are prepared in the event of a cardiac emergency.

I have reviewed and understand the symptoms and warning signs of SCA and the new CIF protocol to incorporate SCA prevention strategies into my student’s sports program.

STUDENT-ATHLETE SIGNATURE PRINT STUDENT-ATHLETE’S NAME DATE PARENT/GUARDIAN SIGNATURE PRINT PARENT/GUARDIAN’S NAME DATE For more information about Sudden Cardiac Arrest visit
California Interscholastic Federation Eric Paredes Save A Life Foundation CardiacWise (20-minute training video) http.www.cifstate.org http:www.epsavealife.org http.www.sportsafetyinternational.org Potential IndicatorsThatSCA May Occur
Fainting or seizure, especially during or
right after exercise
Fainting repeatedly or with excitement or
startle
Excessive shortness of breath during exercise
Racing or fluttering heart palpitations or
irregular heartbeat
Repeated dizziness or lightheadedness
Chest pain or discomfort with exercise
Excessive, unexpected fatigue during or
after exercise
FactorsThat IncreasetheRiskofSCA
Family history of known heart abnormalities or
sudden death before age 50
Specific family history of Long QT Syndrome,
Brugada Syndrome, Hypertrophic Cardiomyopathy, or
Arrhythmogenic Right Ventricular Dysplasia (ARVD)
Family members with unexplained fainting, seizures,
drowning or near drowning or car accidents
Known structural heart abnormality, repaired or
unrepaired
Use of drugs, such as cocaine, inhalants,
“recreational” drugs, excessive energy drinks or
performance-enhancing supplements
KeepTheir Heart in the Game
1898
Exhibit “A(2)(vi)”
1899
www.cifstate.org
MRSA
MRSA (methicillin-resistant staph aureus) is a type of staph infection that is resistant to many common antibiotics and, in cases where treatment is needed, can be very difficult to treat. Staph bacteria are one of the most common causes of skin infections in the United States. Most of these skin infections are minor (such as pimples and boils) and can be treated without antibiotics, but occasionally serious infections require treatment.

In the last few years, there have been a number of cases where these bacteria have spread among members of sports teams. Recently, this issue is making headlines as MRSA can have serious and deadly ramifications if not dealt with immediately.

WARNING SIGNS
It is common for athletes to have pimples, cuts and abrasions on their skin. Coaches must be aware of the signs and symptoms that their student-athletes may exhibit. • Unusual or increasing pain and/or warmth
• The presence of pus or a pustule
• Induration (hardness)
• Increasing swelling, size or redness of the wound
• Red streaks around the wound
• Fever and/or chills (flu-like symptoms)
If you have any of these signs
or symptoms, seek medical
attention immediately.

SPORTS MEDICINE ALERT
Prepared by the State CIF Sports Medicine Committee
for distribution to Coaches, Athletic Directors and Administrators 1900
• Insist that your athletes shower with soap as soon
as possible after practices and competitions. If
MRSA bacteria are present on your skin, you can
wash them away before they have a chance to cause
infection.
• Ensure that athletes do not share equipment,
clothing, towels and other personal items.

Implement a NO-SHARING rule if you have not
done so already.
• Whether your athletic department launders
practice and game uniforms or athletes do it
themselves, implement a policy that uniforms
(practice and game) get washed after EACH use.
• Ensure that all wounds, cuts and abrasions are
covered to help prevent infection, especially during
practice and competition.
• Equipment MUST be stored in clean, dry areas. A
dark, moist, warm environment (lockers) is perfect
for bacteria growth.
• Clean and disinfect daily, surfaces that are touched
on a regular basis. This includes benches, training
room tables, weight room equipment and benches.
• Wrestling mats MUST be cleaned DAILY before
and after use. This would include use by physical
education classes.
• Research is inconclusive on whether athletic fields
can harbor MRSA bacteria. Since some studies
have shown that the possibility exists, there are
companies that offer antimicrobial treatments for
athletic fields.

For more information go to www.cifstate.org and click on the “Health and Safety” box at the top of the page.

Open the Sports Medicine Handbook and refer to page 44 for practical health hygiene policies and recommendations.

Preventing MRSA
Precautions that coaches should take for preventing the spread of MRSA 1901
What to do about MRSA What to do about MRSA
in School Athletic Programs in School Athletic Programs Infection Control Policies and Procedures Checklist
Please review the policies and procedures below. Use this tool to help determine which Policy/Procedures policies/procedures you already have, if they are being followed, and which policies and procedures you need to put in place. This check list is meant to serve as a guideline on reasonable methods of protecting the health and welfare of student athletes. These guidelines are not meant to provide a “standard of care” and are not meant to supersede medical or administrative judgment decisions that must frequently be made on the scene by appropriate individuals.

Exist
(x)
Follow
(x)
Needed
(x)
General
All hard environmental surfaces that may come in contact with body fluids are cleaned and sanitized daily with EPA-approved disinfectant (if area in use).

All floor and wall padding in athletic area(s) are washed daily, if athletic area is used.

Separate mop heads/ buckets are used for each activity area, locker rooms and rest rooms.

Mop heads and buckets are cleaned regularly. (Washable micro-fiber heads or disposable mop cloths are preferred.)

Towels/ linens laundered on premises are washed at a minimum of 160°F and dried in a hot dryer.

Notes:

Wrestling Room and Mats
Wall padding, benches and door knobs are wiped-down with quaternary ammonium (quat) or 1:100 bleach solution after each practice and meet.

Floors are cleaned before and after any moveable mats are used.

Mat surfaces with small holes or tears are repaired with mat tape. When mat sides are in poor condition, mats are taped together for meets and for practice.

Mat surfaces are replaced promptly when there are large holes or surfaces are excessively worn.

Both sides of mats are thoroughly cleaned before and after each use for practices and meets.

A separate mop head/ bucket is used specifically for cleaning mats; mop heads and buckets are washed regularly.

Notes:

Weight Room
Weight machine padding is inspected regularly, and promptly replaced if punctured or torn.

Grip areas on weight bars, dumbbells and machines are not taped.

Grip areas on weight bars, dumbbells, and machines, and lift belts are wiped down daily.

Wall dispensers of hand gel (> 60% alcohol) are placed at each entry/exit. Athletes and coaches are instructed to use when entering/leaving room-minimum use, may use more often.

Floors, benches, supports, pads, light switches and door knobs are cleaned daily (when room in use).

Notes:
1902
Locker Rooms/Shower Rooms
Wall dispensers for liquid soap are located next to showers.

All shower and locker room areas are cleaned daily (if used).

All floor and walls in athletic area(s) are washed daily, if athletic area is used.

All benches are washed daily, if used.

Notes:
1903
Exhibit “A(2)(vii)”
1904
www.cifstate.org
MRSA
MRSA (methicillin-resistant staph aureus) is a type of staph infection that is resistant to many common antibiotics and, in cases where treatment is needed, can be very difficult to treat. Staph bacteria are one of the most common causes of skin infections in the United States. Most of these skin infections are minor (such as pimples and boils) and can be treated without antibiotics, but occasionally serious infections require treatment.

In the last few years, there have been a number of cases where these bacteria have spread among members of sports teams. Recently, this issue is making headlines as MRSA can have serious and deadly ramifications if not dealt with immediately.

WARNING SIGNS
It is common for athletes to have pimples, cuts and abrasions on their skin. Here are a few warning signs to look for and ask about when deciding whether a wound requires medical attention. • Unusual or increasing pain and/or warmth
• The presence of pus or a pustule
• Induration (hardness)
• Increasing swelling, size or redness of the wound
• Red streaks around the wound
• Fever and/or chills (flu-like symptoms)
If you have any of these
signs or symptoms, seek
medical attention
immediately.

SPORTS MEDICINE ALERT
Prepared by the State CIF Sports Medicine Committee
for distribution to Student-Athletes, Coaches and Parents 1905
• Shower with soap as soon as possible after
practices and competitions. If MRSA
bacteria are present on your skin, you can
wash them away before they have a chance
to cause infection.
• Don’t share towels, razors, soap or other
personal items.
• Cover all wounds to help prevent infection,
especially during practice and competition.

If a bandage or wrapping falls off, replace it
immediately.
• Get every skin wound, no matter how minor
checked out by you coach, athletic trainer,
parent/guardian or team physician.
• Dry out your equipment and padding after
each use. Wash your clothes daily.
• Do not store uniforms and equipment in a
dark, moist, warm environment. Keep your
locker clean and dry.
• Wash your hands often. Frequent hand
washing with soap for at least 15 seconds is
one of the best ways to prevent MRSA.

For more information go to www.cifstate.org and click on the ‘Health and Safety” box at the top of the page. Open the Sports Medicine Handbook and refer to page 44 for practical health hygiene policies and recommendations.

Preventing MRSA
Here are some precautions for preventing the spread of MRSA 1906
Exhibit “A(2)(viii)”
1907
CIF Mandatory
Steroid Policy
SCHOOL NAME/LOGO HERE or remove CCS logo above and add school logo there “As a condition of membership in the CIF, all member school shall adopt policies prohibiting the use and abuse of androgenic/anabolic steroids. All member school shall have participating studentathletes and their parents, legal guardian/caregiver agree that the athlete will not use steroids without the written prescription of a fully-licensed physical (as recognized by the AMA) to treat a medical condition.” (CIF Bylaw 503.I)
PLEASE COMPLETE THIS FORM AND RETURN TO _________________________ NO LATER THAN ___________________________________
Our School Policy:
(insert your school policy here) The text box can be expanded to accommodate your entire school policy or insert the reference to where students/parents may find your policy) Print Name of Student-Athlete:

By signing below, both the participating student-athlete and the parents, legal guardians/caregiver hereby agree that the student-athlete named herein, shall not use androgenic/anabolic steroids without the written prescription of a fully-licensed physician (as recognized by the AMA) to treat a medical condition. We also recognize that under CIF bylaw 202, there could be penalties for false or fraudulent information. We also understand that the ____________________________________(name of school) policy regarding the use of illegal drugs will be enforced for any violations of these rules.
_____________________________________________ __________________________ Signature of Student-Athlete named above Date signed
_______________________________________________________ ________________________________ Print or type name of Parent/Guardian/Caregiver signing below Relationship to student _______________________________________________________ ___________________________ Signature of Parent/Guardian/Caregiver Date signed
1908
Exhibit “A(2)(ix)”
1909

EVENT EMERGENCY

GUIDELINES

CALIFORNIA INTERSCHOLASTIC

FEDERATION
MARCH, 2013
1910
Purpose
These Event Emergency Guidelines have been developed to work in conjunction with school site and school district safety plans, where applicable. These Guidelines are general in nature and the manner in which they are implemented must depend on the sound judgment of the coach or school administrator at the scene who will be making quick assessments. By their nature, disasters and emergencies are unique events and a decision maker's response to them will almost always involve at least some improvisation.

The Guidelines are divided into two sections. The first section consists of Guidelines to lower the risk of violence or disruptions to an athletic event. The second section addresses responses to specific threats that occur during an athletic event.
1911
1 TABLE OF CONTENTS
Page
PART I: PLANNING TO AVOID VIOLENCE AND DISRUPTIVE INCIDENTS AT ATHLETIC EVENTS…………………………………………………………………….. 3
GENERAL CONSIDERATIONS ………………………………………………………3
A. RESPONSIBILITIES OF HOME TEAM………………………………………… 3
B. GUIDELINES FOR VISITING TEAMS………………………………………… 4
C. GUIDELINES FOR BOTH TEAMS…………………………………………….. 4
PART II: SPECIFIC THREATS………………………………………………………… 5
A. INJURIES AND MEDICAL EMERGENCIES……………………………………5
B. FIRE……………………………………………………………………………….. 5
C. EARTHQUAKE……………………………………………………………………5
D. SEVERE WEATHER……………………………………………………………...7
E. SHOTS FIRED: RUN, HIDE AND FIGHT IF NECESSARY…………………. 7 F. WEAPONS WITHOUT SHOOTING………………………………………….…..8
G. SUSPICIOUS BEHAVIOR……………………………………………………... 9
H. CHILD ABUSE…………………………………………………………………. 9
I. PERSONNEL HARASSMENT…………………………………………………….10
J. POWER OUTAGE………………………………………………………………… 10
K. MISSING CHILD………………………………………………………………….10
L. ABDUCTION………………………………………………………………………11
M. CONTROLLED SUBSTANCE (Drugs/Alcohol)…………………………………11
N. SEXUAL HARASSMENT……………………………………………………… 11
O. SEXUAL ASSAULT………………………………………………………………12
P. TACTICAL SITUATION…………………………………………………………. 12
Q. BOMB THREATS………………………………………………………………. 13
1912
2 GENERAL REMINDERS
|

WHEN INVESTIGATING ANY ACCIDENTS OR UNUSUAL
INCIDENTS, PLEASE REMEMBER TO:

1. Note date and time of incident

2. Note the names and badge numbers of officers responding to incident.

3. Get signed witness statements noting name, address, phone numbers(s) and date of birth.

4. Note ALL individuals involved and conduct a full investigation, documenting all information in writing.

5. File all required forms in a timely manner with the event coordinator. 1913
3 PART I: PLANNING TO AVOID VIOLENCE AND DISRUPTIVE INCIDENTS AT

ATHLETIC EVENTS
GENERAL CONSIDERATIONS: Often the hostility of a crowd is the reflection of hostility between coaches or as a result of coaches’ actions. In addition, a crowd, or individuals within the crowd, faced with disorganized, confused events, are more prone to become hostile. The following recommendations have the primary goal to prevent or decrease hostility between schools and guide schools to more efficiently conduct events.

A. RESPONSIBILITIES OF HOME TEAM
The coaching staff and administrators of both teams have significant responsibilities and opportunities to reduce the risk of violence and unsafe conditions at athletic events. However, the Home team staff have more responsibilities because they have more control and knowledge about conditions at their sporting facility. The implementation of the Guidelines listed below will depend on a range of factors, including the history of competition between the schools, the layout and location of the athletic facility, the time of the event and the anticipated number of spectators.

1. Pre-Event Planning: Develop an operational plan for each event. Contact the visiting school as early as possible to discuss the game, including prior and existing school/community problems.

Under appropriate conditions, schedule a pre-game meeting to address these issues. Provide the visiting team with directions and instructions regarding the safest routes, parking, seating, dismissal from bleachers and the loading, and unloading of buses and automobiles.

2. Staff Planning: Provide specific instructions to teachers, staff members and volunteers supervising the game. Staff should be readily identifiable. Prevention, not apprehension after trouble commences, should be emphasized.

3. Visiting Team Arrival: Have parking areas well-lighted. Arrange, where possible, on-site parking of visitors' automobiles and buses. Supervise the area and path between the visitors' team bus and the facility entrance. The route of the visiting team to the locker room or their section of the field should not be directly in front of the Home team section.

4. Referees: Referees and umpires should emphasize the importance of keeping the game under control. Give payment to officials before the game. Provide them with an escort both entering the field and exiting the field

5. Scoreboard: Have properly trained adult scorers and timers for officials at games.

6. Game Announcer: The game should be reported without showing overt favoritism to teams or players. Proper language should be used at all times. Announcers can show enthusiasm without losing control. Under no circumstances should the officials' decisions be criticized, directly or indirectly.
1914
4 7. Concession Stands: Where appropriate, separate concession stands should be employed, one for visitors and one for the home crowd. This rule should also apply to restrooms.

8. Conduct of Game: Provide for supervision of spectators during halftime. Efforts should be made to direct the crowd, keep spectators off the field, and keep the under-the stand area clear.

9. Disruptive Individuals: If a disruptive individual will not take direction, that person should be promptly removed. Noisemakers and drunkenness should not be permitted and, if found, addressed quickly.

10. Area outside of Venue: Areas immediately outside of the venue should be kept clear of unassociated persons.

11. Exiting the Venue: Arrange for supervision to continue until students have left the area, including the team bus.

B. GUIDELINES FOR VISITING TEAMS

1. Contact the administrators of the Home Team to establish routes, parking information, entering and exit gates.

2. Have adequate faculty and administrative presence at the game.

3. Provide students information about parking, entrance, seating and exiting.

4. Check on the amount of time allotted for halftime activities and strictly adhere to those time limits.

C. GUIDELINES FOR BOTH TEAMS

1. Players should refrain from showing surprise or irritation at a call by an official.

2. "Playing to the crowd" can cause trouble- particularly in basketball, where the players' facial expressions are clearly visible to the bench and stands. Players should not communicate with spectators.

3. Players on the bench should not heckle the opposing team.

4. Unsportsmanlike gesturing or the harassment of individual players should be avoided. 1915
5 PART II: SPECIFIC THREATS
A. INJURIES AND MEDICAL EMERGENCIES
Call 911. If you are alone, call 911 first and then return to the victim. Stay on the line until the 911 operator gives you permission to hang up the phone. Tell the operator exactly which entrance to use to your facility/site and exactly where you are located in the facility/site.

1. Lend any assistance to the victim that you are able and qualified to do. Do not move the victim if there is a chance of back or neck injury.

2. Make sure that someone is at the entrance to meet the emergency vehicle and escort the rescue personnel to the victim.

3. Contact your immediate supervisor.

4. Provide as much information to the rescue personnel that you can regarding the onset of the illness or injury.

5. If the medical emergency is caused by accidental injury, interview witnesses and get as much information as possible.

6. Contact the parents/guardians immediately.

7. Complete the incident report form and forward it to your immediate supervisor.

B. FIRE

1. Call Fire Department.

2. If fire is small in nature, extinguish it with a fire extinguisher.

3. If fire is large in nature or uncontrollable, pull the fire alarm, call 911 and immediately evacuate the building of all students and staff according to your pre-determined crisis plan. Close all doors and windows behind you, but do not lock them.

4. Do not touch anything on your way out.

5. Do not use the elevators.

6. If you smell something burning, immediately notify the site directors who will notify onsite engineering personnel to investigate.

7. Contact your immediate supervisor.

8. Complete the incident report form and forward it to your immediate supervisor.

C. EARTHQUAKE:
(A) Indoor Event: Basic Rule is Drop, Cover, Hold and Wait

1. At the first indication of ground movement, you should drop to the ground. It may soon be impossible to stand upright during the earthquake. Getting to the ground will prevent you from being thrown to the ground and will allow you to assist your team and spectators more quickly.
1916
6 2. If you are in grandstand, grab hold of seats, railing or other fixture. Move away from the side of the grandstands

3. If you are in an open area, such as a basketball court or swimming pool area, move to the area in front of an interior wall, especially interior corners, kneel and clasp your hand behind your neck.

4. Protect your eyes from flying glass and debris with your arm covering your eyes.

5. After ground movement ends, check for injuries and safely evacuate the building after counting to at least 60. (Many aftershocks occur in the first 60 seconds after the main quake).

6. Please note: It is intuitive and natural for individuals to flee the scene of an earthquake, because flight is a reasonable response to other types of disaster such as fire. This generalized flight response is generally unsafe in the context of an earthquake. California School buildings are built to exacting earthquake standards, otherwise known as the Field Act. As a general proposition the safest place to be on a school site during an earthquake is inside a school building. Most injuries occur when people move to different locations or move to another place in the building.

7. To the extent possible, quiet the crowd to control panic. It is often the case that most injuries during an earthquake do not occur from a structural failure of a building but injuries sustained by person exiting the building, who are struck from falling glass, debris and architectural or lighting elements. (It is a unfortunate fact that architectural elements and lighting fixtures are not inspected to the same level of scrutiny as structural elements.) The area of significant danger is in the "fall zone", the 10 to 20 wide perimeter of a building where objects can fall and strike those below. If possible send someone to "scout" this perimeter around the exit before the general evacuation commences.

8. Move to a safe, open area, away from power lines and other overhead hazards.

B. Outside Event: DROP AND COVER AND STAY OUTSIDE

1. Assess where you are. If you are near overhead lines, trees or buildings, move way form them. If they are not near you, drop to the ground and cover the back of your neck with your hands.

2. Do not enter any buildings until it is determined safe to do so.

C. Traveling to a School Event: STOP SAFELY

1. Pull the Bus or vehicle to the side of the road and stop, unless the conditions found in 2 below, apply.

2. If the bus or vehicle is on a bridge, overpass, or under power lines, continue until these dangers are cleared.
1917
7 3. Wait until the ground movement stops, then check for injuries. Be aware of aftershocks, downed wires or roads blocked by debris. Check radio for emergency broadcast. Even if road is apparently safe, proceed slowly.

D. SEVERE WEATHER

1. If the tornado sirens are sounded, immediately proceed to the designated shelter area in your building.

2. If inside, stay away from glass windows and doors and the perimeter of the building. Sit as near to the wall as you can get.

3. If you are inside, do not use the phones during and electrical storm.

4. If the building is moving, assume the duck and cover position with your head between your knees and your hands locked over your head.

5. If severe weather occurs while you are outside with students, immediately seek shelter in a building. If none is available, keep students away from trees if you are in an electrical storm. If a tornado is threatening, go to the lowest area of land and lie down.

6. Keep students as calm as possible and speak in reassuring tones.

7. Contact your immediate supervisor.

8. Complete the incident report form and forward it to your immediate supervisor.

E. SHOTS FIRED: RUN, HIDE AND FIGHT IF NECESSARY
GENERAL CONSIDERATIONS: Most mass shooting incidents are over within 10-15 minutes. Your plan for safety should be designed for the short duration survival of you and those around you. Your main challenge is to quickly process the fact that you in such an incident and to not freeze in place. A flawed plan for escape is better than no plan at all.

A. Outside Event

1. During the initial firing, immediately lie on the ground.

2. Immediately assess, to the extent you can, the nature of the threat.

3. If the shooter is in your vicinity, run and encourage others to run

4. If you are in an open area, run in a zigzag pattern, bending over as much as you can.

5. Keep others from entering into the area.

6. Seek shelter if you cannot outrun the shooter. Any feature that can be used block gun fire should be considered, including walls, planters or trees.

7. Call 911 as soon as safety permits.

8. As soon as possible, evacuate patrons to a safe area, preferably into a building.

9. Remain calm and as observant as possible. Be ready to describe the shooter, the weapon, a vehicle tag number, etc. to police when they arrive.

10. Be ready to describe the situation and request medical aid if necessary.

11. Do not confront the shooter unless the circumstances present no other option: In most cases, the shooter will leave after the initial assault. 1918
8 12. After shots are no longer being fired, check for injuries.

13. Contact your immediate supervisor.

14. Contact parents/guardian.

15. Complete the incident report form and forward it to your immediate supervisor.

B. Inside a Building

1. Tell everyone to get on the floor or behind furniture and remain quiet. Activate crisis procedure plan.

2. If you are in a confined area, such as a locker room, lock the doors and, if possible, move out of view of windows. Blockade locked doors as best you can.

3. If you are confined indoors, turn out the lights and mute your cell phone.

4. Call 911. Be ready to describe the situation and request medical aid if necessary.

5. Remain calm and as observant as possible – be ready to describe the shooter and the weapon to police when they arrive.

6. Do not confront the shooter unless the circumstances present no other option: In most cases, the shooter will leave after the initial assault.

7. After shots are no longer being fired, check students for injuries.

8. Keep students calm and wait for assistance to arrive.

9. If shooter has left the building, do not permit anyone to enter until assistance arrives.

10. Contact your immediate supervisor.

11. Contact parents/guardians immediately.

12. Complete the incident report form and forward it to your immediate supervisor.

C. Fight Option

1. If you cannot escape or hide, and lives remain at stake, fight the intruder

2. The goal is to incapacitate the shooter.

3. Use extreme aggressiveness and improvise your weapons, including fire extinguishers, and chairs.

F. WEAPONS WITHOUT SHOOTING
A. Suspected Weapon On The Premises

1. Call 911.

2. Do not confront the individual.

3. Try to keep patrons away from the area until police arrive. If this is not possible, observe the suspect from a reasonable distance until police do arrive. Activate lock down procedures if necessary.

4. If the suspect leaves the premises, try to watch and determine the direction. Be ready to give police as complete a description as possible including vehicle tag number.

5. Contact your immediate supervisor.
1919
9 6. Complete the incident report form and forward it to your immediate supervisor.

B. Observed Weapon On The Premises

1. Seek assistance from another staff member or supervising adult in reporting the incident.

2. Discreetly call 911 if the suspect is not present.

3. Provide a physical and clothing description and the last known direction of travel of the individual.

4. IN ALL CASES – USE EXTREME CAUTION. DO NOT CONFRONT THE SUSPECT.

G. SUSPICIOUS BEHAVIOR

1. Approach the individual and ask if you can help.

2. If the individual does not appear to have legitimate business on the premises, ask the person to leave.

3. If the individual does not leave and/ or the suspicious behavior continues, call 911.

4. Contact your immediate supervisor.

5. Continue to observe the individual until police arrive.

6. Be ready to give police as complete a description of the behavior as possible.

7. Do not become involved in a confrontation with the individual.

8. If the behavior seems potentially threatening to your students, remove them to a safer area.

9. Complete the incident report form and forward it to your immediate supervisor.

H. CHILD ABUSE

1. Immediately record the suspected child abuse/neglect in daily log.

2. All staff are mandatory reporters and must report the suspected child abuse/neglect to law enforcement (including a school police department) on the day that it is observed and recorded and no later than 72 hours after the reasonable suspicion is formed.

3. Program Director must contact the Child Welfare Organization for parents/guardians, when appropriate, about observed abuse or neglect within 24 hours of the observation.

4. Staff must record all observations, phone calls and contacts made.

5. If immediate help is required, call Police Department or 911.

6. Contact your immediate supervisor.

7. Complete the incident report form and forward it to your immediate supervisor. (Remember: All information about children and families is confidential) Definitions Of Child Abuse:
1920
10 1. Physical Abuse – any injuries from shaking, beating, striking, burning. Any suspected sexual abuse.

2. Physical Neglect – failure to provide basic necessities such as food, clothing, shelter, medical attention or proper supervisor
I. PERSONNEL HARASSMENT

1. Remain Calm.

2. Do not respond to the person in a confrontational manner

3. Involve your direct supervisor.

4. Ask and allow person to explain situation.

5. Listen and show concern.

6. If situation remains confrontational, ask the person to leave.

7. If you feel that you are in danger, call 911.

8. Complete the incident report form and forward it to your immediate supervisor.

J. POWER OUTAGE

1. Remain calm.

2. If participants are in danger, stop activity and move them to a safe place.

3. Contact your immediate supervisor. Notify the on-site maintenance staff.

4. Ask site personnel for available flashlight.

5. Complete the incident report form and forward it to your immediate supervisor.

K. MISSING CHILD

1. Remain calm.

2. Inform your immediate supervisor and all staff members that the child is missing and direct staff and participants to meet in an assigned area or room. (Pre-determined procedures should be in place for the remainder of the program hours.)

3. Previously designated staff should stay with participants while the remaining staff search the building. Check all inside spaces of the building and conduct and thorough search of the grounds.

4. Notify the police at 911.

5. Notify the parent/guardian. Ask questions of the parent such as:
 Does s/he know how to ride the bus?
 Does s/he have any money?
 Are there any places in the area that the child is familiar with such as a playground or picnic area?
 Are there any relatives or friends in the area where the child would be likely to go? 1921
11 6. Gather all vitals – Picture or description, registrations/applications and clothes child was wearing. The police will need this information to assist in finding the child as quickly as possible.

7. If you or your staff assists in the search, ask neighbors for help. Many people are able and willing to do whatever it takes to help find a missing child.

8. Complete the incident report form and forward it to your immediate supervisor.

L. ABDUCTION

1. Remain Calm

2. Call 911.

3. Report abduction, or attempted abduction to your immediate supervisor.

4. Note the person’s appearance and any other information about him or her (voice, clothing, vehicle type, license plate number, etc.) that might be helpful to police.

5. If the person is seen taking the child into an automobile, note the color and make of automobile and attempt to memorize the license plate or at least a portion of it. Note the direction or street the automobile is traveling.

6. Treat custody dispute problems as a possible child abduction.

M. CONTROLLED SUBSTANCE (Drugs/Alcohol)

1. Be ready to provide as complete a description of the suspect as possible.

2. Call 911. Give 911 operator as complete a description of the suspect, the behavior, the type of controlled substance, if known, and vehicle tag number.

3. Do not approach the suspect.

4. If suspect leaves before police arrive, note the direction, type of vehicle, etc. Do not attempt to follow the suspect.

5. Call your immediate supervisor.

6. Complete the incident report form and forward it to your immediate supervisor.

N. SEXUAL HARASSMENT

1. If a student reports to you that s/he has been approached in an inappropriate fashion by another person, take the student to a private area with another staff member for an interview. All allegations of sexual harassment, regardless of the nature, must be investigated.

2. Determine by questioning, as gently as possible, exactly what happened. Ask the victim questions like:
 What did the person say?
 What did the person do that made you feel uncomfortable? 1922
12  When did this happen?
 How long has this been going on?

3. Inform the parents/guardians immediately of the alleged sexual harassment.

4. Interview the alleged aggressor. If a patron, proceed with the questioning. If an employee, wait for your supervisor to arrive to conduct the interview.

5. If allegations of physical touching, CALL POLICE and your immediate supervisor.

Sexual Assault Procedures should be initiated (see page 12).

O. SEXUAL ASSAULT

1. Isolate and secure the victim and the assault area.

2. Call 911.

3. Do not leave the victim alone. Ensure the victim is in a safe place, and assist in making them comfortable.

4. Remain calm and reassure patrons that all possible actions are being take to care for the injured person and to protect others.

Note: For Sexual Assaults:

1. Notify supervisor.

2. Attempt to dissuade the victim from washing, cleaning up or use of the restroom if possible.

3. Provide the victim with privacy.

4. Secure the crime scene. Protect any potential evidence.

5. DO NOT USE THE VICTIM’S NAME on two-way radios or release the victim’s identity to anyone other than the lead administrator or law enforcement officials.

6. Remember that sexual assaults are very serious crimes. Do not attempt to conduct an investigation, question victims, witnesses or suspects and do not disturb any potential physical evidence.

7. Assist law enforcement officials as requested.

8. Complete the incident report form and forward it to your immediate supervisor.

P. TACTICAL SITUATION

1. If inside, take all participants to a central area. Keep away from windows and doors and secure all entry doors.

2. If outside and time permits take all participants to an indoor central location.

3. Call your supervisor immediately – they will determine who to contact.

4. Call parents/guardian to inform them of the situation.

5. Do not release anyone until the police say it is safe to do so. 1923
13 6. Do not release any information to the media. Let the police or a public relations representative have that responsibility.

7. Complete the incident report form and forward it to your immediate supervisor.

Q. BOMB THREATS

ALL BOMB THREATS MUST BE TAKEN SERIOUSLY

1. Remain calm. Keep your voice steady. Do not alarm the caller.

2. DO NOT try to transfer the call. Don’t risk losing the call.

3. Record call if possible.

4. Treat the call like any normal order of business. You need to act quickly to get information. ASK……
 WHEN will the device explode?
 WHERE is the device?
 WHAT kind of device is it?
 WHAT does it look like?
 WHY did you place the device?
 WHO are you?

5. Try to keep the caller on the line as long as possible. Take notes while you are talking.

Attempt to note……
 Time of call
 Exact words of caller
 Male or female sounding voice
 Is there a detectable accent
 Voice tone, pitch, meter
 Speech skills, inflections
 Is the voice familiar
 Background noise
 Time the call is terminated

6. CALL 911 immediately. Answer all questions asked of you. Follow any instructions give by the 911 operator.
 DO NOT TOUCH SUSPICIOUS OBJECTS.
 DO NOT USE TWO –WAY RADIOS, CORDLESS PHONES, OR ANYTHING ELSE.
 DO NOT TURN ANYTHING ON OR OFF – ESPECIALLY LIGHTS

7. Contact your immediate supervisor

8. Complete an incident report form and forward it to your immediate supervisor. 1924
14 DO NOT tell anyone about the Bomb Threat. Trained law enforcement officials will provide instructions.

For Those Individuals Aware Of The Bomb Threat:

DO NOT PANIC. Wait for direction. You may hear the fire alarm sound. It is common to initiate a fire drill in these situations to encourage an orderly exit. The goal is to avoid panic.

Mass panic has the potential to result in disaster, including serious injury and /or death. 1925
􀀻 Not Project Related
[X] Project #23-16
Exhibit B

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