EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #23-16
COMPENSATION
I. The total compensation for the Primary Services, including reimbursement for actual expenses, shall not exceed Four Million Six Hundred Eighty Thousand Dollars ($4,680,000.00) payable through reimbursement as outlined in Exhibit A-0.
II. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed Fifty Dollars ($50.00) per hour without written authorization from the District Superintendent or his designee.
III. Within the grant amount, the District will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Monthly expenditure report by school.
B. Certification that all employees, agents and contractors that will have contact with students and for whom a certificate has not been previously provided have been properly fingerprinted and TB tested.
C. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
D. Line items for all supplies properly charged to the Services.
E. Line items for all travel properly charged to the Services.
F. Line items for all equipment properly charged to the Services.
G. Line items for all materials properly charged to the Services.
H. Line items for all subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
1926
Not Project Related
[X] Project #23-16
Exhibit C
EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #23-16
INSURANCE
I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the District Superintendent or District Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current A.M. Best's rating of no less than A, as rated by the current edition of Best’s Key Rating Guide, published by A.M. Best Company, Oldwick, New Jersey 08858. Consultant shall provide the following scope and limits of insurance:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability coverage of not less than two million dollars ($2,000,000) in the aggregate and one million dollars ($1,000,000) per occurrence.
2. Auto liability insurance with limits of not less than one million dollars ($1,000,000).
3. Insurance coverage should include:
a. owned, non-owned and hired vehicles;
b. blanket contractual;
c. broad form property damage;
d. products/completed operations; and
e. personal injury.
4. Workers' Compensation insurance as required by the laws of the State of California.
5. Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) Aggregate.
6. Professional liability (Errors and Omissions) insurance, including contractual liability, as appropriate to the Consultant’s profession, in an amount of not less than the following:
Accountants, Attorneys, Education Consultants, $1,000,000 Nurses, Therapists
Architects $1,000,000 or $2,000,000
Physicians and Medical Corporations $5,000,000
Failure to maintain professional liability insurance is a material breach of this Agreement and grounds for immediate termination
1927
Not Project Related
[X] Project #23-16
Exhibit C
II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to District
B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.
1. District, and its respective elected and appointed officers, officials, employees and volunteers are to be covered as additional insureds (collectively, “additional insureds”) as respects the following: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
2. Each policy shall state that the coverage provided is primary and any insurance carried by any additional insured is in excess to and non-contributory with Consultant’s insurance.
3. Consultant’s 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.
4. Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to any additional insured.
III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this Agreement, certificates of insurance or evidence of self-insurance coverage necessary to satisfy District that the insurance provisions of this Agreement have been complied with. The District may require that Consultant furnish District with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
A. If any Services are performed by subcontractor, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
B. Any deductibles or self-insured retentions must be declared to and approved by District.
At the option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
C. The procuring of any required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
1928
Not Project Related
[X] Project #23-16
Exhibit D
EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #23-16
CONFLICT OF INTEREST CHECK
Bylaws of the Board 9270(BB)E requires that the Superintendent or a designee make a determination, on a case by case basis, concerning whether disclosure will be required from a consultant to comply with the District’s Conflict of Interest Code (commencing with Bylaws of the Board 9270 BB).
Consultants are required to file disclosures when, pursuant to a contract with the District, the Consultant will make certain specified government decisions or will perform the same or substantially the same duties for the District as a staff person would.
The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute [X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code. Therefore, the Consultant, CITY OF OXNARD, who will provide Services under the Agreement, [] is [X] is not subject to disclosure obligations.
Date: ______________________
By: ______________________
Lisa A. Franz
Director, Purchasing
1929
Agreement with the Oxnard School
District for the Operations of the After
School Education and Safety Grant
City Council
By: Terrel Harrison, Cultural & Community Services Director May 2023
1930
Overview
• Serving over 2,200 Oxnard
students
• Employing 100 individuals
between the ages 18-25
2 • Over 100 Hours of Ongoing Professional Staff Development Training provided by School Districts
• Hours of Operation 1:30 p.m. - 6:00 p.m.
• Over 1,000 Volunteer Hours
• Through special events and programs the afterschool program comes in contact with 1,500-2,000 parents and other family members.
1931
Educational and Literacy Element
• Homework Assistance
• English Language
Development
• Math Fluency
• Reading Fluency/High
Frequency Words
3 1932
Enrichment
Opportunities
• Visual and Performing Arts
• Music
• Physical Activity/Recreation
• Health/Nutrition
• Technology
• Science
4 1933
Enrichment Opportunities: Highlights
• In partnership with the City’s
Water Division, after school
program students had the
opportunity to participate in the
Water Wise Art Contest.
5 • The Annual Impressions Art Gala
was held March 23, 2023 with 750
student and their families in
attendance.
1934
Community Outreach and Service Learning
• Cultivating Scholars (Parent Nights)
• Youth Directors Council
• Meet-Up Clean-Up
• Rockin’ 2 Sports
• Fall Fest
• Fun Fest
• Insect Festival
• Recreation Youth Sports Leagues 6
1935
Funding
In 2002 California voters passed
Proposition 49 which funds the
After School Education and Safety
(ASES) Grant
● State of California grants funds to school districts that collaborate with community partners to provide safe and educationally enriching alternatives for children and youths during nonschool hours. ● School districts, as grantees are responsible for creating, reviewing, and updating the program plan every three years as well as tracking its outcomes.
● After School Education & Safety (ASES) Grant
○ Through this partnership we receive a contract valued at $4,700,000
7 1936
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.
8 1937
END OF PRESENTATION
1938