Oxnard City Council
June 4, 2024

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street June 4, 2024
Closed Session - 5:00 PM
Regular Meeting - 5:30 PM
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 897 4513 9011

3. Passcode: 380569
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

AMENDED AGENDA
Reports M.5 Ratify Emergency Order for Replacement of the City’s Data Center Cooling System - Added Reports M.6 Bank Administration Signatories and Users of the Online Web Banking Accounts, and Local Agency Investment Fund (LAIF) Authorization - Added
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 4, 2024 PAGE 2

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING

a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)).

Name of case: City of Oxnard v. Fox Canyon Groundwater Management Agency Los Angeles County Superior Court, Case No. 20STCP00929 Legislative Body: City Council

C. OPENING CEREMONIES (5:30 PM)
Pledge of allegiance to the flag of the United States.

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of Proclamation Designating the Month of June 2024 as "Pride Month in the City of Oxnard."

2. SUBJECT: Presentation of a Proclamation Designating June 19, 2024 as "Juneteenth Day."

3. SUBJECT: Presentation of a Proclamation Designating the Month of June 2024 as "Elder and Disability Abuse Awareness Month."

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 4, 2024 PAGE 3

Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

H. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

J. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the May 7, 2024 regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Cultural & Community Services Department
SUBJECT: Agreement with the Hueneme School District for the Operations of the After-School Education and Safety Grant.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one- year agreement (A-8551) and Memorandum of Understanding (A-8552) with the Hueneme Elementary School District (HESD) for the City of Oxnard to receive the total amount not to exceed $2,225,621.70 to operate the After-School Education and Safety (ASES) program at ten (10) schools with a City match of $54,000 of in-kind services.

(The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024.)
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994

3. Cultural & Community Services Department
SUBJECT: Agreement with the Oxnard School District for the Operations of the After-School 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 4, 2024 PAGE 4

Education and Safety Grant.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one- year agreement (A-8550) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,590,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services.

(The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024.)
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994

4. Public Works Department
SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2024-25.

RECOMMENDATION: That the City Council adopt a resolution to:

1. Adopt the Fiscal Year 2024-25 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

(Public Works and Transportation Committee approved 3-0 on May 14, 2024.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Annual Purchase Orders with Accent Wire-Tie to Supply and Deliver Bale Wire for the Del Norte Regional Recycling and Transfer Station.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Accent Wire-Tie in the amount not to exceed $375,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with an option to extend the term for two (2) consecutive one-year periods for a final term ending June 30, 2027, for the supply and delivery of bale wire for baling recyclable material.

(Public Works and Transportation Committee approved 3-0 on May 14, 2024) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Public Works Department
SUBJECT: Professional Services Agreement 32500012 with Pavement Engineering Inc. for City's Pavement Management Systems Update.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Pavement Engineering Inc. in the amount not to exceed $425,000 for an initial one- year term from July 1, 2024, to June 30, 2025, with the option for three (3) consecutive one (1) year period extensions, that shall not exceed a total of four (4) years; for a final term ending June 30, 2028, for the City’s pavement management systems update professional services.

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(Public Works and Transportation Committee approved 3-0 on May 14, 2024) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

7. Public Works Department
SUBJECT: Second Amendment to A-8135 with Conico Toro, Inc. dba MacValley Oil Company for Purchase and Delivery of Bulk Lubricants and Antifreeze.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment with Conico Toro, Inc. dba Mac Valley Oil Company increasing the contract amount by $50,000 for a total contract amount of $906,100.

(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
K. REPORTS

1. Public Works Department

SUBJECT: Fiscal Year (FY) 2024-25 Landscape Maintenance Districts Initiation of Proceedings to Levy Assessments, Approval of a Consolidated Engineers Report, and Declaration of Intention to Levy Assessments. (10 minutes)

RECOMMENDATION: That the City Council acting as the legislative body of the City of Oxnard Landscape Maintenance Districts (LMDs):

1. Adopt “A Resolution of the City Council of the City of Oxnard, California, initiating proceedings to levy assessments against real property for fiscal year 2024-25 in connection with the city’s landscape maintenance districts”;

2. Adopt “A Resolution of the City Council of the City of Oxnard, California, approving a consolidated engineer’s report regarding assessments against real property for fiscal year 2024-25 in connection with the city’s landscape maintenance districts”; and

3. Adopt “A Resolution of the City Council of the City of Oxnard, California, declaring its intention to levy assessments against real property for fiscal year 2024-25 in connection with the city’s landscape maintenance districts” setting the Public Hearing for June 18, 2024.

(Finance and Governance Committee approved 2-0 on May 14, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/SQvFmPlPwwM
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Finance Department
SUBJECT: Increase Appropriations in the FY2023-24 General Fund Operating Budget to Transfer Funds to the State Gas Tax Fund to Restore State Gas Tax Fund Balance. (5 minutes)

RECOMMENDATION: That the City Council approve the transfer of funds from the FY 2023-24 General Fund (101) Operating Budget to the State Gas Tax Fund (181) in the amount of $3,300,000, to restore a fund balance deficit of the State Gas Tax for prior year activity, as well as projected 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 4, 2024 PAGE 6

budgetary deficits in FY 2023-24 and FY 2024-25.

Please click the following link to view the required Measure M pre-recorded presentation video titled General Fund Transfer to State Gas Tax Fund: https://youtu.be/fCfMvoZvL28 Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
L. PUBLIC HEARINGS

1. Public Works Department
SUBJECT: Five Year Capital Improvement Program (CIP) for Fiscal Years 2025-2029. (30 minutes)

RECOMMENDATION: That the City Council provide input on the draft CIP and recommend that the City Council:

1. Hold a public hearing to receive public testimony regarding the proposed 2025-2029 City of Oxnard Five-Year CIP;

2. Approve the existing carryover CIP projects and the proposed new funding as outlined in the staff report for Category 1 projects;

3. Reaffirm the carryover CIP projects in Category 2;

4. Approve the project prioritization lists in Categories 3 and 4 outlined in the staff report and adopt the 2025-2029 City of Oxnard Five Year CIP; and

5. Direct staff to finalize the 2025-2029 CIP and General Fund/Measure O amounts for Category 4 projects once the City’s FY 2024-25 operating budget has been completed as approved CIP funding allows.

(The Public Works and Transportation Committee on April 23, 2024, recommended the item to be forwarded to Council for discussion and review.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/euF2HZh7l4I
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Fiscal Year (FY) 2024-25 Resolution to Levy Assessments in Mandalay Beach Maintenance District. (10 minutes)

RECOMMENDATION: That City Council, acting as the legislative body for the Mandalay Beach Maintenance District:

1. Hold a Public Hearing to receive public testimony regarding the proposed Fiscal Year 2024- 25 assessments for the Mandalay Beach Maintenance District; and

2. Adopt a resolution to levy the special tax assessment for Fiscal Year 2024-25 within the Mandalay Beach Maintenance District for Fiscal Year 2024-25.

(Finance and Governance Committee approved 2-0 on May 14, 2024)

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 4, 2024 PAGE 7

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/nGJU14cl-Wk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Finance Department
SUBJECT: Public Hearing on the Fiscal Year 2024-25 Proposed Budget. (45 minutes)

RECOMMENDATION: That the City Council and Housing Authority Board conduct a public hearing on the Fiscal Year (FY) 2024-25 Proposed Budget for the City of Oxnard and Oxnard Housing Authority and provide staff direction regarding any adjustments to the Proposed Budget, in preparation for budget adoption on June 18, 2024.

Please click the following link to view the required Measure M pre-recorded presentation video titled Fiscal Year 2024-25 Budget Preview: https://youtu.be/XCXCnjxX62k

Please click the following link to view the required Measure M pre-recorded presentation video titled Additional Information on Fiscal Year 2024-25 Proposed Annual Budget: https://youtu.be/ykwH7no4pUw
Legislative Body: City Council and Oxnard Housing Authority Contact: Javier Chagoyen-Lazaro, (805) 200-5400
M. REPORTS

1. Public Works Department

SUBJECT: Public Project Agreement 32400521 with Toro Enterprises, Inc., for Safe Routes to School Safety and Enhancements, Specification No. PW 22-87, Caltrans Project No. ATPSB1L- 5129(102). (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $4,309,735 in Project funds for Safe Routes to School Safety and Enhancements, Specification No. PW 22-87, Caltrans Project No. ATPSB1L-5129(102);

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc., in the amount of $3,591,447 with a contingency amount of $359,144 (10%) for a total not to exceed contract amount of $3,950,591 for the Project;

3. A Project allocation amount of $359,144 (10%) for engineering, inspection, survey and project management for the Project;

4. A total amount of new project budget appropriations of $1,762,810 consisting of $613,000 from the Air Pollution Buydown Fee Fund (Fund 360 Subfund 7010) available fund balance, $855,000 from the Mobility Fee Fund (Fund 350 Subfund 8055) available fund balance, and $294,810 from the General Fund (101) available fund balance for the Safe Routes to School Project (C2212) as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts; and

5. A total amount of budget appropriation transfers of $1,066,925 from the General Fund (101) consisting of $292,761 in the Ventura Boulevard Sidewalk Project (C1305); $293,509 in the La Colonia Green Alleys Project (C1802); $30,655 in the South Oxnard Center Roof Replacement 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 4, 2024 PAGE 8

Project (C2010); $100,000 in the Storm Water Catch Basins Project (C2214); and $350,000 from the available FY 2023-24 Public Works Operating Budget to the Safe Routes to School Project (C2212), as well as the corresponding Capital Outlay Fund (301) appropriation transfers in the same amounts.

(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/bQMDT5A3jQY
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Agreements for the Supply and Delivery of Chemicals to Water, Wastewater, and Recycled Water Facilities. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements for the supply and delivery of various types of chemicals to Water, Wastewater, and Recycled Water Facilities, each with the initial agreement term ending June 30, 2025, after which each Agreement may be extended for four additional one-year terms with a fully extended final term ending on June 30, 2029:

1. Agreement 32500003 with JCI Jones Chemicals Inc., in the amount not to exceed $4,525,000;

2. Agreement 32500004 with Northstar Chemical, in the amount not to exceed $2,925,000;

3. Agreement 32500005 with Pencco, Inc., in the amount not to exceed $7,100,000;

4. Agreement 32500008 with King Lee Chemical Co., in the amount not to exceed $1,900,000;

5. Agreement 32500009 with Aquapulse Chemicals, LLC, in the amount not to exceed $900,000;

6. Agreement 32500010 with Hill Brothers Chemical Company, in the amount not to exceed $150,000; and

7. Agreement 32500011 with Univar Solutions USA, Inc., in the amount not to exceed $2,300,000.

(Public Works and Transportation Committee approved 3-0 on May 14, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5uN6pDKnnj4
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Resolution for Clean Water State Revolving Fund Increase. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Resolution adjusting the amount of project expenditures to be reimbursed by proceeds from the Clean Water State Revolving Fund for the Wastewater Division Reliability Improvements Program from $66,700,000 to $88,601,724.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 4, 2024 PAGE 9

(This item did not originate in Committee as this is an adjustment to the previously approved City Council Resolution 15,123 as listed below.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3WsChhoGjsk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Extension of Golf Management Agreement A-8157. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the First Amendment to the Golf Course Management Agreement with American Golf Corporation for a time extension only for an additional term of eight months ending on February 28, 2025.

(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on February 6, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/I_criJSnPP4
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Ratify Emergency Order for Replacement of the City’s Data Center Cooling System. (10 minutes)

RECOMMENDATION: That the City Council review and ratify the following:

1. The City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050; and

2. Authorize the City Manager to enter into any contracts required to abate the emergency conditions necessitating the replacement of the City’s Data Center Cooling System; and

3. Authorize the City Manager to enter into any contracts over his spending authority of $200,000.00 that may be required to abate the emergency.

(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/jehytTJB5nM
Legislative Body: City Council
Contact: Michael Wolfe, Robert Ruben, (805) 385-8055, (805)385-7554

6. Finance Department
SUBJECT: City of Oxnard Bank Administration Signatories and Users of the On-line Web Banking Accounts, and Local Agency Investment Fund (LAIF) Authorization. (10 minutes)

RECOMMENDATION: That the City Council:

1. Adopt a resolution designating signatories for the City bank accounts, banking administrator, and users of the on-line web banking accounts.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 4, 2024 PAGE 10

2. Adopt a resolution authorizing investment of monies in the Local Agency Investment Fund.

Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
N. ADJOURNMENT

10 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1

DATE: June 4, 2024

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the May 7, 2024 regular meeting as presented.

BACKGROUND

Approval of Minutes.

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

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 05 07 2024 CC Regular Meeting

11 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
May 7, 2024

A. ROLL CALL, POSTING OF AGENDA
At 5:00 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxna rd, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela, Mayor P ro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Basua joined the meeting at 5:15 p.m.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Ashley Golden, Assistant City Manager, Steve Naveau, Director of Human Resources and Jason Benites, Police Chief Employee organization: Oxnard Peace Officers Association (OPOA) Legislative Body: City Council

At 5: 02 p.m., the City Council recessed into a closed session. At 5:38 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney announced that no reportable actions resulted from the closed session for item C.1.

D. APPOINTMENT ITEMS (5:30 PM)

1. Cultural & Community Services Department
SUBJECT: Senior Services Commission Annual Report.

RECOMMENDATION: That City Council receives the Senior Services Commission annual report.

Alice Sweetland, Chairperson for the Senior Services Commission presented the Senior Services Commission Annual Report to Council.

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E. OPENING CEREMONIES (6:00 PM)

Mayor Zaragoza led the pledge of allegiance.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of May 2024 as "Older Americans Month."

Mayor Zaragoza read the procl amation and presented it to Alice Sweetland, Chairperson and Naomi Ontiveros, Gloria Massey Chinea, and Linda Cal deron members of the Senior Services Commission who accepted the proclamation on behalf of the Senior Services Commission. They followed with a few words.

2. SUBJECT: Presentation of a Proclamation Designating the Month of May 2024 as "Asian Americans and Pacific Islander Heritage Month."

Mayor Zar agoza read the proclamation and present ed it to Jen Benitez , Founder and Executive Director of the PINAYSHERE Youth Arts Organization, who accepted the proclamati on and followed with a few words.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received regarding the Carnegie Art Museum/ City Art Collection: Tomas Sanchez, Dr. Henry Villanue va, Peter Martinez, Maria Elena Saldana Aldana, Irma J. Lopez , Stacy Roscoe, and Cesar Perez; Pat ricia Y abu (Cal Lutheran University, Clinic Director); Jatsiri Carrillo (Community Counseling Services), K arla Alejandra ( Israeli-Palestinian Conflict) ; Debbie Mitchell (Reel Guppy Outdoors).

The following residents made public comments to express concerns about numerous safety issues about the area surrounding the railroad crossing in the La Colonia neighborhood: Irene Gomez, Celia Mendez, Jorge Toledano, Juvenal Solano, Jaqueline Gabriel, Irma Ramirez, Rufino Cortez, Margarito Cruz, Emilia Alejo, Belen Fabian, Christopher Gonzalez, Eulalia Mendoza, Anastacio Espinoza, Juan Carlos Diaz, Martin Cazarez, Lucero Cruz, and Vanessa Teran.

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

City Manager Nguyen provided an update on the Southern California Association of Governments (SCAG) 2024 Sustainability Awards, Oxnard’ s Climate Action and Adaptation Plan (CAAP) received an award for Green Region Init iative: Climate Action and Resource Conversation Sustainability. He also announced a few upcoming community events. The Oxnard Police Department 2 5th Annual Memorial Ceremony is scheduled for May 15, 2024. The Public Works Open House is scheduled for Friday, May 17, from 11:30 a.m. to 4:30 p.m.

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I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING

AUTHORITY BUSINESS/COMMITTEE REPORTS

The members of the Council provided brief announcements regarding their various activities.

J. REVIEW OF INFORMATION/CONSENT AGENDA

Items L-1 through L-3 were reviewed and discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA

Public comments were rece ived from Debbie Mitchell (L.2). Written comments were received from Chuck Carter, Lynn Knox, Jon George, Joel Berman, Dolly Stetz, Howard Kornstein, Mark Wolfe, Eugenia Bates, Thomas Petersen, Mike Haase, Jay R. Braun, Rina Anderson, Carole Taylor, E d Hill, Ronald Bolsky, Richard Dry, Christiana Bryson, Steve Levine, Scott and Kathy Nelson (L.2).

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the April 16, 2024 regular meeting as presented.

2. Public Works Department
SUBJECT: Agreement 32400386 with Craftwater Engineering, Inc. for Consulting Services for Channel Island Harbor Water Quality Feasibility Study and Implementation Plan.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement 32400386 in the amount not to exceed $735,902 for a three-year term, ending from the effective date of the Agreement, for Consulting Services for the Channel Island Harbor Water Quality Feasibility Study and Implementation Plan.

(Public Works and Transportation Committee approved 3-0 on April 23, 2024.)

3. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) for Closing Past Audit Findings.

RECOMMENDATION: That the City Council receive an update on the Financial Corrective Action Plan (FCAP) for closing past audit findings.

It was moved by Councilmember Perello , seconded by Councilmember Teran, to approve the Information/Consent item s as present ed. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; the motion passed 7-0. 14 MAY 7, 2024 OXNARD CITY COUNCIL PAGE 4

M. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: Fore Property Development Agreement Amendment; Planning and Zoning (PZ) Permit No. 24-670-01.

RECOMMENDATION: That the City Council:

1. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) and Section 15378(b)(5); and

2. Approve the first reading by title only and subsequent adoption of Ordinance No. 3045 approving PZ No. 24-670-01 (Amendment No. 3 to Development Agreement No. A-7113), subject to certain findings and conditions.

The City Clerk announced the affidav it of publi cation and stated that no written communications were received.

Joe Pearson II, AICP, Planning and Environmental Services Manager was available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. No p ublic comments were received.

Without objection, the Council approved closing the public testimony portion of the public hearing.

It was moved by Councilmember Valenzuela, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonal d , Madri gal, Perello, Ter an,
Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

2. Housing Department
SUBJECT: Adoption of the Fiscal Year 2024-2025 Annual Action Plan, the amended Regional Consolidated Plan and the amended Citizen Participation Plan.

RECOMMENDATION: That the City Council:

1. Conduct a U.S. Department of Housing and Urban Development public hearing regarding the fiscal year 2024-2025 Annual Action Plan, with funding recommendations, the amended 2020-2024 Regional Consolidated Plan and the amended Citizen Participation Plan;

2. Approve the fiscal year 2024-2025 Annual Action Plan;

3. Approve the updated changes in the amended Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan;

4. Authorize the City Manager, and his designees, to incorporate any recommended 15 MAY 7, 2024 OXNARD CITY COUNCIL PAGE 5

changes resulting from the public input to the fiscal year 2024-2025 Annual Action Plan, the amended 2020-2024 Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan;

5. Authorize the City Manager, and his designees, to incorporate the final grant allocations into the 2024-2025 Annual Action Plan, and authorize the budget appropriations to fund the administration and activities, including the ability to increase or decrease activities funding up to ten percent or up to the administrative amount allowed of the administering staff, whichever is greater;

6. Authorize the City Manager, and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the fiscal year 2024-2025 Annual Action Plan, the amended 2020-2024 Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan to the United States Department of Housing and Urban Development; and

7. Authorize the City Manager, and his designees, to execute agreements and sign all agreements for the implementation of the Annual Action Plan including subrecipients, interdepartmental, and intradepartmental agreements.

(The Community Services, Public Safety, Housing & Development Committee voted to approve unanimously.)

The City Clerk announced the affidavit of publication and stated that no written communications were received.

Emilio Ramirez, Housing Director presented and was available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public heari ng. Public comments were received from Rick Holigrocki, Patti Yabu, and Jatsiri Carrillo from California Lutheran University.

Without objection, the Council approved closing the public testimony portion of the public hearing.

It was moved by Councilme mber Teran, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 4-0 -3.

Mayor Pro Tem MacDonald and Councilmember Madrigal recused due to owning property in the area of this project. Councilmember Ba sua recused due to her current position in the Housing Department at her place of employment.

N. REPORTS

1. Finance Department
SUBJECT: Presentation of Single Audit Report.

RECOMMENDATION: That the City Council receive and file the 2023 Single Audit Report from the audit firm Eadie + Payne.
16 MAY 7, 2024 OXNARD CITY COUNCIL PAGE 6

(The Finance and Governance Committee approved 3-0 on April 23, 2024.)

Cesar Perfecto, Controller introduced Eden Casareno, CPA , Auditor with Eadie + Payne LLP who presented and answered questions. No public comments were received . Report was received and filed; no formal action was taken.

2. Public Works Department
SUBJECT: Adopt Resolution no. 15,775 to Accept a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Projects in Channel Islands Harbor.

RECOMMENDATION: That the City Council:

1. Adopt a Resolution of the City Council of the City of Oxnard Authorizing the City of Oxnard to enter into an Agreement (A-8548) with the State of California Department of Water Resources to receive funds for the Channel Islands Water Quality Remediation Pr
ojects and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Oxnard;

2. Accept a grant from the California State Department of Water Resources in the amount of $500,000 for the Channel Islands Harbor water quality remediation; and

3. Authorize the City Manager to execute the grant agreements and modify Exhibits of the agreement as necessary and the Finance Director or designee to submit the financial reports, grant claims, and approve the budget appropriations for the use of the grant funds; and the Director of Public Works or designee to submit the non- financial reports.
(This item did not originate in Committee.)
Steve Howlett, Assistant Public Works Director presented and answered questions. Public comments were received from Debbie Mitchell and Chuck Carter . W ritten comments were received from Chuck Carter, Lynn Knox, Jon George, Joel Berman, Dolly Stetz, Howa rd Kornstein, Mark Wolfe, Eugenia Bates, Thomas Petersen, Mike Haase, Jay R. Braun, Rina Anderson, Carole Taylor, E d Hill, Ronald Bolsky, Richard Dry, Christiana Bryson, Steve Levine, Scott and Kathy Nelson.

It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to app rove the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

3. Public Works Department
SUBJECT: Agreement 32400411 with NATEC International, Inc. for Safety Training Services for the Public Works Department.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement 32400411 with NATEC International, Inc. (NATEC) in the amount not to exceed $1,500,000 for the maximum five-year term of the Agreement, with the initial term of one year ending April 30, 2025, after which the Agreement may be extended for four additional 17 MAY 7, 2024 OXNARD CITY COUNCIL PAGE 7

one-year terms; ending April 30, 2029, for Safety Training Services for the Public Works Department.

(Public Works and Transportation Committee approved 3-0 on April 9, 2024.)

Esteban Camara, Occupational Health and Safety Administrator presented and answered questions.

Michael Wolfe, Public Works Director was also available to answer questions. No publi c comments were received.

It was moved by Councilmember Perello, seconded by Councilmember Teran , to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

4. Public Works Department
SUBJECT: Tree Program and Landscape Standards Update.

RECOMMENDATION: That the City Council receive and file an update of the citywide Tree Program and Landscape Standards.

(Public Works and Transportation Committee approved 3-0 on April 9, 2024.)

Steve Howlett, Assistant Public Works Director presented and answered questions. No public comments were received. Report was received and filed; no formal action was taken.

5. Public Works Department
SUBJECT: Additional Project Contingency and Budget Appropriation Transfer for the Mandalay Bay Bridge and Edison Canal Bridge Rehab Projects.

RECOMMENDATION: That the City Council approve and authorize:

1. An increase of $350,000 in Project contingency funds from $660,000 to $1,010,000 for use in the Mandalay Bay & Edison Canal Bridge Rehabilitation Projects (C1306 and C1307) and extend the completion date to September 30, 2024; and

2. The City Manager to approve a budget appropriation transfer in the amount of $350,000 from the FY 2023-24 available budget in the General Fund (101) Public Works Operating Budget to the Mandalay Bay & Edison Canal Bridge Rehabilitation Projects (C1306 and C1307).

(This item did not originate in Committee as this is a capital improvement pr oject specifically
listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

Michael Wolfe, Public Works Director presented and answered questions. No public comments were received.

18 MAY 7, 2024 OXNARD CITY COUNCIL PAGE 8

On May 7, 2024, Michael Wolfe, Public Works Director, presented a correction memo to the Council regarding updates to Item N.5 – Additional Project Contingency and Budget Appropriation Transfer for the Mandalay Bay Bridge and Edison Canal Bridge Rehab Project s. This memo was distributed to Council members and also available to the public.

This memo update d information (e.g., the specific funding sources) referenced in the staff report scheduled for the May 7, 2024 City Council Meeting. Staff request ed that the following clarification be made during the City Council meeting to the Recommendation language in number 2 as follows:

FROM:

2. The City Manager to approve a budget appropriation transfer in the amount of $350,000 from the FY 2023- 24 available budget in the General Fund (101) Public Works Operating Budget to the Mandalay Bay & Edison Canal Bridge Rehabilitation Projects (C1306 and C1307).

TO:

2. The City Manager to approve a budget appropriation transfer in the amount of $350,000 from the FY 2023- 24 a vailable budget in the General Fund (101) Public Works Operating Budget to the Mandalay Bay & Edison Canal Bridge Rehabilitation Projects (C1306 and C1307) in the General Fund (101) as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amount.

It was moved by Councilmember Valenzuela, seconded by Councilmember Perello , to approve the recommended action as amended. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:35 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

19 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2

DATE: June 4, 2024

TO: City Council

FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected]

SUBJECT: Agreement with the Hueneme School District for the Operations of the After-School Education and Safety Grant.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8551) and Memorandum of Understanding (A-8552) with the Hueneme Elementary School District (HESD) for the City of Oxnard to receive the total amount not to exceed $2,225,621.70 to operate the After-School Education and Safety (ASES) program at ten (10) schools with a City match of $54,000 of in-kind services.

(The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024.)

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. Afterschool and summer learning programs are locally-designed school and community solutions that provide a safe place for students and provide much needed support for families to balance work with home. According to research conducted by the Afterschool Alliance, afterschool programs serve as an effective means to close the achievement gap, boost school attendance, improve academic performance and regular school attendance, improve classroom engagement, decrease risky behaviors and decrease the likelihood of dropping out of school.

In 2008, a partnership began between the Recreation and Community Services, City Corps and Hueneme School District (HESD). Today, the City of Oxnard, City Corps and HESD Hueneme ASES (also known as SHINE) have developed a full partnership by focusing on the strength of each organization – classroom learning by the District, and enrichment learning by the City through City Corps and Recreation. The most notable outcome of this deep school-city partnership is the effective access by Hueneme ASES/SHINE youth to the many activities that introduce them to the world of work and service. Younger students are introduced to service and its connection to work and the discernment of work likes and dislikes. Since City Corps has staffed the program, there have been numerous City Corps participants who have entered the workforce as credentialed teachers. On a daily basis, the HESD program serves about 1,900 students at ten (10) school sites and provides employment training to approximately 60 individuals between the ages of 18-24. Additionally, in FY 22-23, through the Expanded Learning Program Opportunities (ELOP) funding, 11 full-time Program Specialists positions were added. Each Program Specialist is assigned to 1 of 10 school sites, with the 11th Program Specialist focused on offering sport enrichment opportunities. ELOP funding has also allowed the addition of a Hueneme ASES/SHINE Program Supervisor.

The program model incorporates the following three (3) elements, which integrates the school’s curriculum, instruction and learning support activities:

1. Educational and Literacy Element: This element provides tutoring and/or homework assistance designed to help 20 students meet state standards in one or more of the following core academic subjects: reading/language arts, mathematics, history and social studies, or science.

2. 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 student needs and interest.

3. Homework Center Element: On a daily basis, the program serves over 1,900 students throughout 10 school sites. After eating a nutritious snack, the students participate in Homework Assistance, Math, Arts, Reading and Recreational Sports Programming.

The program has received outstanding reviews by the Ventura County Office of Education (VCOE). This collaboration is often cited as operating one of the best ASES programs in the region.

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 Proposed FY 24-25 budget includes $2,225,621.70 in the State & Local Grant fund (210-5511) for the Hueneme Elementary School District program.

The school district requests that the City assist with the grant funding match portion by providing $54,000 of in-kind services per fiscal year. This requested match is met through the General Fund (101-5511) by providing office space for the Hueneme ASES/SHINE program, phone, administrative support, staff support for the end of the year “SHINE Fest” and student participation in other various established City Corps / Recreation programs, such as the Kiwanis Track Meet, Community Roots Garden field trips, beach clean-ups, the Oxnard Holiday Parade and other like programs.

For Finance Use Only: State & Local Grants Fund (Org. 2105511), General Fund-Match (Org. 1015511)

COMMITTEE OUTCOME

The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Julie Estrada, Management Analyst

ATTACHMENTS

1. Agreeement A-8551 with the Hueneme Elementary School District

2. Agreement A-8552 for the HESD SHINE MOU

21 Contract Number: A-8551
HuenemeElementarySchoolDistrictAgreementforServicesSHINEExpandedLearningDayProgram ThisAGREEMENTisapprovedandenteredintoasofJuly1,2024(“EffectiveDate”)throughJune30,2025,betweentheHUENEMEELEMENTARY SCHOOLDISTRICT(hereinreferredtoasthe “District”),apublicschooldistrictdulyoperatingunderthelawsofthestateof California,andTheCITYOFOXNARDbyandthroughtheRecreationandCommunityServicesCityCorps,a serviceprovider(hereinafterreferredtoas"Provider")forthepurposeof providingspecificservicespursuanttotheSHINEExpandedLearningDayProgramforASESGranteligibleDistrictschoolsandstudents.

WHEREAS,the Districtis authorizedby Section53060of the CaliforniaGovernmentCodetocontractwithandemployanypersonsforthefurnishingofspecialservicesand advicein financial,economic,accounting,engineering,legal oradministrativematters,if suchpersonsare speciallytrainedandexperiencedandcompetenttoperformthespecialservicesrequired; WHEREAS,theDistrictisinneedofsuchspecialservicesandadvice; WHEREAS,theProviderisspeciallytrainedandexperiencedandcompetenttoperformthespecialservicesrequiredbytheDistrict,andsuchservicesareneededonalimitedbasis; WHEREAS,theASESProgramGrantanditsMemorandumofUnderstandingoutlinestherequirementsforsupplementalservices; WHEREAS,SHINEProgramcontainsthefollowingrequirements:
a. RequirestheDistrictto develop,in collaborationandin consultationwithpartners,supplementalservicesfor identifiedstudents,in academic,enrichment,andrecreationalareas;b.Containsadescriptionofcollaborationandpartnerships,andtheirrespectiveresponsibilitiestoprovideservices;c.ContainsaprovisionfortheterminationoftheagreementiftheProviderorDistrictwishestoterminate;d.ContainsprovisionswithrespecttomakingpaymenttotheProviderbytheDistrict;e.Containsprovisionsoutliningstaffing,effectivenessevaluation,andsustainability,aswellasotherprogramaspects; 22 Contract Number: A-8551
WHEREAS,ProviderisalegallyconstitutedorganizationandincorporatedunderthelawsofCalifornia,andWHEREAS,ProvideriswillingtoprovideservicestotheDistrict,itsSHINEProgramschools,anditsstudents.

THEREFORE,INCONSIDERATIONOFTHEMUTUALPROMISESCONTAINEDHEREIN,itisagreedbetweenthepartiesasfollows:

IncorporationofRecitals
TheaboverecitalsareamaterialpartofthisAgreementandareincorporatedhereinbythisreference.

ASESGrantAgreements
ServiceswillbeofferedanddeliveredasstatedintheSHINEProgramusingtheASESGrantandinthe MemorandumofUnderstandingbetweenHUENEMEELEMENTARYSCHOOLDISTRICTANDTHECITYOFOXNARD,attachedheretoandincorporatedhereinbythisreference.

Parents/guardiansshallnotbechargedforanyservicesrenderedundertheASESGrantunlesssuchservicesandchargesareclearlyidentifiedinwritingandagreeduponinadvancebytheDistrict,theinvolvedschooladministrator, andtheparents/guardians.InnoeventshalltheagreeduponchargesobligatetheDistrictfinancially, norshalltheDistrictincuranyobligationorexpenseinexcessofthestate/federalreimbursementamount.

Parents/Guardianship
ForthepurposeoftheContract,aparentisthenaturaloradoptiveparent,legalguardian,orasurrogateparentappointedbytheDistrict.

StudentRecords
AstudentrecordisdefinedbyStateandFederalLaw, andessentiallyisanydocumentpreparedorretainedbyProviderwithanindividualstudent'snamereferencedtherein.Allstudentrecordsshallbekeptinasecurelocationpreventingaccessbyunauthorizedindividuals.Providerwillmaintainanaccesslogdelineatingdate,time,agency, andidentityofanyindividualaccessingstudentrecordsthatisnotinthedirectemployoftheProvider. Provideragreesto provideaccessto andcopiesof studentrecordsto theDistrictand/ortheparents/guardiansoftheDistrict’s student.Providershallnotprovideaccessorforwardtoanyotherpersonotherthanparents/guardiansortheDistrictanystudentrecordwithoutthewrittenconsentoftheparent/guardianortheDistrict. 23 Contract Number: A-8551
AccessbyHUENEMEELEMENTARYSCHOOLDISTRICT
Providershallprovideservicesat thelocation(s)agreeduponin theMemorandumofUnderstanding.TheDistrict’s representativesshallhaveaccesstoobserveeachstudentatwork,observetheinstructional/enrichment/recreationalsettingandactivities,interviewProvider, andrevieweachstudent'sprogress.

Fingerprints
InaccordancewithEducationCode§45125.1,Providershallconductacriminalbackgroundcheckofitsemployeesand/orsubcontractorspriortoanystudentcontactand,uponreceiptofthosechecks,certifytotheDistrictthatnoemployeeand/orsubcontractorsofProviderworkingwithstudentsoftheschooldistricthasbeenconvictedofaviolentorseriousfelonyasdefinedbystatues.ProvidershallsupplytotheDistrictalistofnamesofthoseemployeesand/orsubcontractorswhoareclearedtoworkwithstudentsoftheDistrict.Afingerprintcertificationwillbesubmittedwithmonthlyinvoicesandattendanceregisters.

Transportation
The Districtis not responsiblefor any transportationcostsor for makinganytransportationarrangementsnot providedfor or agreedto in theMemorandumofUnderstanding.Providerwillnottransportanystudentsin privatevehicleswithoutcomplyingwiththeDistrictGoverningBoardPolicy6153andhavepermissionofparent/guardian.

Accident/IncidentReport
ProvideragreestosubmitawrittenaccidentreporttotheDistrictwithintwenty-four(24)hoursofanaccidentorincidentwhena pupilhassufferedaninjury, injuredanotherindividual,orhasbeeninvolvedinanactivityrequiringnotificationoflawenforcementoremergencypersonnel.

ChildAbuseReporting
ProviderassurestotheDistrictthatallstaff members,includingvolunteers,arefamiliarwithandagreetoadheretochildabuseand/ormissingchildrenreportingobligationsandproceduresunderCalifornialaw, includingbutnotlimitedto,CaliforniaEducationCode§ 49370andCaliforniaPenalCode§ 11166etseq.Provideragreestoprovideannualtrainingto allitsemployeesregardingmandatedreportingofchildabuseandmissingchildren.Provideragreesthatall staff memberswillabidebysuchlawsin a timelymanner.

Providershallsubmitimmediatelybyfacsimile,emailandmail,withintwenty-four(24) 24 Contract Number: A-8551
hoursanincidentreporttoDistrictwhenit becomesawareofcircumstancesincluding,butnotlimitedto:allegationsof molestation,childabuse,ormissingchildrenunderProvider’ssupervision.

Supplies,EquipmentandFacilities
Providershallbe responsiblefor appropriatesupplies,equipment,andfacilitiesasoutlinedin theMemorandumof Understanding.If Providerdesiresto useDistrictfacilitiesforactivitiesotherthanoutlinedintheMemorandumofUnderstandingitmustmakea separateapplicationforuseoffacilitiesthroughtheDistrict'sUseofFacilitiesprocedures.

ContinuityofPersonnel
ProvidershallmakeeveryreasonableefforttomaintainthestabilityandcontinuityofProvider’sstaffandsubcontractors,ifany, assignedtoperformtheServicesrequiredunderthisAgreement. a.ProvidershallensurethatDistricthasacurrentlistofallpersonnelandsub-contractorsprovidingServicesunderthisAgreement. b. ProvidershallnotifyDistrictof any changesin Provider’s staff andsubcontractors,if any, assignedtoperformtheServicesrequiredunderthisAgreement,priorto andduringanysuchperformance.Thelistnoticeshallincludethefollowinginformation:(1)allfullorpart-timestaff positionsbytitle,includingvolunteerpositionswhosedirectservicesarerequiredtoprovidetheServicesdescribedherein;(2)a briefdescriptionofthefunctionsofeachsuchpositionandthehourseachpositionworkseachweekor, forpart-timepositions,eachdayormonth,asappropriate;(3)theprofessionaldegree,if applicable,andexperiencerequiredforeachposition;and(4)thenameofthepersonresponsibleforfulfillingthetermsofthisAgreement. c.Providershallmaintainadatabaseofprospectiveemployeesinorderto avoidagapinfillingintendedpositions.

IndependentContractorStatus
Providerisandshallatalltimesremainawhollyindependentcontractorandnotanofficer,employeeoragentoftheDistrict. a.ThepersonnelperformingtheServicesunderthisAgreementonbehalfof theProvidershallat all timesbe underProvider’s exclusivedirectionandcontrol.TheProvider, itsagentsoremployeesshallnotatanytimeorinanymannerrepresentthatProvideroranyofProvider’s officers,employees,oragentsareinanymannerofficials,officers,employeesor agentsof theDistrict.NeitherProvider, noranyofProvider’sofficers,employeesoragents,shall,byvirtueofServicesrenderedunderthisAgreement,obtainanyrightsto retirement,healthcareoranyotherbenefitswhichmayotherwise 25 Contract Number: A-8551
accrueto theDistrict’s employees.Providerwillbe responsibleforpaymentof allProvider’s employees’wages,payrolltaxes,employeebenefitsandanyamountsdueforfederalandstateincometaxesandSocialSecuritytaxessincethesetaxeswillnotbewithheldfrompaymentunderthisAgreement. b.IfProviderbecomesawarethatanypersonemployedbyorvolunteeringwithProviderinconnectionwiththeServiceshasbeenarrestedorconvictedofaviolentorseriousfelonylistedin PenalCodeSection667.5(c)or1192.7(c),thenProvidermustimmediatelyremovesaidemployeeorvolunteerfromtheperformanceoftheServices,preventtheemployeeorvolunteerfrominteractingwithDistrictstudents,andnotifytheDistrict.TheDistrictretainstherighttoprohibitanysuchemployeefromparticipatingintheprogramorhavingaccesstostudentsortheprogramsite. c.ProvidershallhavenoauthoritytobindtheDistrictinanymanner, orto incuranyobligation,debtorliabilityofanykindonbehalfoforagainsttheDistrict,whetherbycontractorotherwise,unlesssuchauthorityisexpresslyconferredinwritingbytheDistrict,orunderthisAgreement.

ConflictofInterest;DisclosureofInterest:

Providerassuresthatneitherit,noranyofitsofficersoremployees,hasorshallacquireanyinterest,directlyorindirectly, whichwouldconflictinanymannerwiththeinterestsofDistrictorwhichwouldinanywayhinderProvider’s performanceofServicesunderthisAgreement.ProviderfurtherassuresthatintheperformanceofthisAgreement,nopersonhavinganysuchinterestshallbeemployedbyitasanofficer,employee,agentorsubcontractorwithouttheexpresswrittenconsentoftheDistrict. a.Provideragreestoatalltimesavoidanyactual,potentialorthe appearanceofanyconflictofinterestonbehalfofitselforitsemployeesprovidingserviceshereunder,including,butnotlimited,toemploymentwiththeDistrict,includingitsschools. b.ThisAgreementissubjecttoBoardPolicy9270governingconflictsof interest.ProvideragreestofurnishtoDistrict(uponrequest)a validcopyofthemostrecentlyadoptedpartnershiporbylawsofthecorporationandacompleteandaccuratelistoftheGoverningBoardofDirectors(orTrusteesorPartners)andto timelyupdateof saidinformationaschangesingovernanceoccur. c. BylawsoftheBoard9270BBand9270(BB)E,ashereinafteramendedorrenumbered,requirethata Providerthatqualifiesas a “designatedemployee”mustdisclosecertainfinancialinterestsbyfilingfinancialinterestdisclosures. d.ProvideragreestonotifytheDistrict,inwriting,ifProviderbelievesthatit isa“designatedemployee”andshouldbefilingfinancialinterestdisclosures,buthasnotbeenrequiredtodosobytheDistrict. 26 Contract Number: A-8551
Non-Discrimination
ProvidershallabidebytheapplicableprovisionsoftheUnitedStatesCivilRightsActof1964andotherprovisionsoflawprohibitingdiscriminationandshallnotdiscriminate,inanyway, againstanypersononthebasisofrace,color, religiouscreed,nationalorigin,ancestry, sex,age,physicalhandicap,medicalconditionormaritalstatusinconnectionwithorrelatedtotheperformanceofthisAgreement.

InspectionandAudit
Providershallprovideaccessto recordsor reports,or othermatterrelatingto theAgreement,uponrequestbyDistrict.FiscalrecordsshallbemaintainedbyProviderforseven(7)yearsandshallbeavailableforaudit.

Indemnificationa.Provider’sIndemnityObligation.

TothefullestextentpermittedbyCalifornialaw, Providershallatitssoleexpenseindemnify, protect,defendandholdharmlessDistrict,itsofficers,agents,employees,electedboardmembers,andvolunteersfromandagainstanyliability(includingliabilityforclaims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,losses,expensesorcostsofanykind,whetheractual,allegedorthreatened,includingattorneys’feesandcosts,courtcosts,interest,defensecosts,andexpertwitnessfees)ofanykind,nature,anddescription,including,butnotlimitedto,personalinjury(including,but not limitedto, injuriesrelatedto or derivedfromallegedsexualmisconduct,sexualabuse,ormolestation),death,damagetorealproperty,anddamagetopersonalproperty, totheextenttheliabilityarisesoutoforisinanywayattributabletotheperformanceofthisAgreementbyProviderorbyanyindividualorentityforwhichProviderislegallyliable,includingbutnotlimitedtoofficers,agents,employeesorsubcontractorsof Provider. Theprovisionsof thisindemnificationdo notapplyto anydamageor lossescausedbythesolenegligenceorwillfulmisconductofDistrict,itsofficials,electedboardmembers,employees,andvolunteers,or claimscausedbydangerousconditionsofDistrictrealpropertywhicharoseoutofactsorfailuretoactbyDistrict.ExceptasspecificallyprovidedinthisAgreement,innoeventshallProviderbeliableincontractortortforanyspecial,consequential,indirect,orincidentaldamages,includingbutnotlimitedto lostprofits,arisingoutof or in connectionwiththisAgreement.

Provideragreesto obtainexecutedindemnityAgreementswithprovisionsidenticaltothosesetforthhereinthissectionfromeachandeverysub-contractororanyotherpersonorentityinvolvedby, for, withoronbehalfofProviderintheperformanceofthisAgreement.IntheeventProviderfailstoobtainsuchindemnityobligationsfromothersasrequiredhere,Provideragreestobefullyresponsibleaccordingtothetermsofthissection.FailureofDistricttomonitorcompliancewiththeserequirementsimposesnoadditionalobligationsonDistrictandwillin nowayactasa waiverofanyrights 27 Contract Number: A-8551
hereunder. ThisobligationtoindemnifyanddefendDistrictassetforthhereisbindingonthesuccessors,assignsor heirsof ProviderandshallsurvivetheterminationofthisAgreement. b.District’sIndemnityObligation.

TothefullestextentpermittedbyCalifornialaw, Districtshallindemnify,protect,defendandholdharmlesstheProviderandanyandallofitsofficials,citycouncilmembers,employeesandagentsfromandagainstanyliability(includingliabilityforclaims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,losses,expensesorcostsofanykind,whetheractual,allegedorthreatened,includingattorneys’feesandcosts,courtcosts,interest,defensecosts,andexpertwitnessfees)ofanykind,nature,anddescription,including,butnotlimitedto,personalinjury(including,butnotlimitedto,injuriesrelatedtoorderivedfromallegedsexualmisconduct,sexualabuse,ormolestation),death,damagetorealproperty, anddamagetopersonalproperty,totheextenttheliabilityarisesoutoforisinanywayattributabletotheperformanceofthisAgreementbyDistrictorbyanyindividualorentityforwhichDistrictislegallyliable,includingbutnotlimitedto officers,agents,employeesor sub-contractorsofDistrictorthatarisesoutoforisinanywaydirectlyattributabletotheallegedexistenceofdangerousconditionsonDistrictrealpropertyduringtheoperationoftheprogramcontemplatedhereunder. Theprovisionsof thisindemnificationdo notapplyto anydamagesorlossescausedbythesolenegligenceorwillfulmisconductofProvider,itsofficials,electedcouncilmembers,employees,agents,orprogramparticipants.ExceptasspecificallyprovidedinthisAgreement,innoeventshallDistrictbeliableincontractortortforanyspecial,consequential,indirect,or incidentaldamages,includingbutnotlimitedtolostprofits,arisingoutoforinconnectionwiththisAgreement.ThisobligationtoindemnifyanddefendProviderassetforthhereisbindingonthesuccessors,assignsorheirsofDistrictandshallsurvivetheterminationofthisAgreement.

InsuranceProvidershallprovideandmaintaininsurance,in fullforceandeffectthroughoutthetermof thisAgreementandanymodificationthereof,againstclaimsforinjuriestopersonsor damagesto propertywhichmayarisefromor in connectionwiththeperformanceoftheworkhereunderbyProvider, itsagents,representativesoremployees.Insuranceis to beplacedwithinsurersauthorizedto conductbusinessin theStateofCaliforniaandwithacurrentA.M.Best'sratingofnolessthanA,asratedbythecurrenteditionofBest’s KeyRatingGuide,publishedbyA.M.BestCompany, Oldwick,NewJersey08858.

Providershallprovidethefollowingscopeandlimitsofinsurance:MinimumScopeofInsurance. Coverageshallbeatleastasbroadas:(1)CommercialGeneralLiabilitycoverageofnotlessthantwomilliondollars($2,000,000)intheaggregateandonemilliondollars($1,000,000)peroccurrence.(2)Autoliabilityinsurancewithlimitsofnotlessthanonemilliondollars($1,000,000). 28 Contract Number: A-8551
(3)Insurancecoverageshouldinclude:1.owned,non-ownedandhiredvehicles;2.blanketcontractual;3.broadformpropertydamage;4.products/completedoperations;and5.personalinjury.(4)Workers'CompensationinsuranceasrequiredbythelawsoftheStateofCalifornia.(5)AbuseandMolestationcoverageofnotlessthantwomilliondollars($2,000,000)peroccurrenceandfivemilliondollars($5,000,000)Aggregate.

Notlaterthantheeffectivedateofthisagreement,ProvidershallprovidetheDistrictwithsatisfactoryevidenceof insurance,namingHUENEMEELEMENTARY SCHOOLDISTRICTas additionalcertificateholder, includinga provisionfor a twenty(20)calendardaywrittennoticeto the Districtbeforecancellationor materialchange,evidencingtheabove-specificcoverage.TheDistrictreservestherightto revisetherequirementsof thisprovisionat anytime.If theDistrictdeterminesthatadditionalinsurancecoverageis necessary, theDistrictwillreopennegotiationswithProvidertomodifythetermsofthisagreement.

MonthlyInvoices
Providershallsubmitto Districtmonthlyinvoices.Suchinvoicesshallbesubmittedwithinthirty(30)daysoftherenderingofservices.DistrictshallprocesspaymentstoProviderwithinforty-five(45)daysofsubmissionofsuchinvoices,exceptin thosesituationsidentifiedintheparagraphentitled"RighttoWithhold"listedbelow.

RighttoWithhold
TheDistrictmaywithholdpaymenttoProvider, onten(10)workingdayswrittennoticeofsuchwithholding,whenintheopinionoftheDistrict:
a.Provider’sperformance,inwholeorinpart,eitherhasnotbeencarriedoutasdefinedbytheASESProgramGrant.b.Providerhasneglected,failed,orrefusedtofurnishinformationortocooperatewiththeinspection,review, orauditofitsprogram,work,orrecords.c.Providerhasfailedtosubmittheinvoiceinatimelymanner.

IftheDistrictgivesnoticeofintenttowithhold,Providershallhavefourteen(14)daysfromthedateofreceiptofsaidnoticetocorrectsuchdeficiencyand/ormayinvokethedisputeresolutionprovisionherein.

ModificationsandAmendments:
29 Contract Number: A-8551
ThisContractmaybemodifiedoramendedonlybyawrittendocumentsignedbyauthorizedrepresentativesofProviderandDistrict.NochangeinthisContractorMemorandumofUnderstandingshallresultinaDistrictfinancialobligationtoProviderinexcessoftheSHINEProgramandMemorandumofUnderstandingreimbursementratetotheDistrict.

Disputes
DisputesbetweenDistrictandProviderconcerningthemeaning,requirementsorperformanceofthiscontractshallbesubmittedtotheSuperintendentoftheDistrict.ThedeterminationoftheSuperintendentshallbemadeinwritingandshallbebindingonbothparties.

AssignmentandSubcontracting
TheexpertiseandexperienceofProviderarematerialconsiderationsforthisAgreement.TheDistricthasaninterestin thequalificationsofandcapabilityofthepersonsandentitiesthatwillfulfillthedutiesandobligationsimposedupontheProviderunderthisAgreement.In recognitionof thatinterest,Providershallnotassignor transferthisAgreementoranyportionofthisAgreementortheperformanceofanyofProvider’sdutiesorobligationsunderthisAgreementwithoutthepriorwrittenconsentoftheBoardofTrusteesoftheDistrict.Anyattemptedassignmentshallbeineffective,nullandvoid,andshallconstituteamaterialbreachofthisAgreemententitlingDistricttoanyandallremediesatlaworinequity, includingsummaryterminationofthisAgreement.

Notwithstandingtheabove,Providermayutilizesubcontractorsintheperformanceofitsdutiespursuantto thisAgreement,butonlywiththepriorwrittenconsentofDistrict.SuchapprovalshallbeattachedandmadepartofthisAgreement.ProvidershallbeasfullyresponsibletotheDistrictfortheactsandomissionsofitsSubcontractors,andofpersonseitherdirectlyorindirectlyemployedbyConsultant,asiftheactsandomissionswereperformedbyConsultantdirectly. Anysub-contractorshallbeboundbyallofthetermsof thisContract,includingtheinsuranceandindemnificationprovisions,anditshallbeProvider’s responsibilityto obtaintheagreementofsubcontractor/assigneetocomplywithalltermscontainedherein.

Termination
a.Thepartnersarecommittedtothelong-termoperationsandsustainedfunctioningoftheSHINEProgram. b.Eitherpartymaynegotiatethetermsofthisagreementbycallingameetingtoredefinetheterms. c.Eitherparrycaninitiatethereleaseofthisagreementwithathirty(30)daynotice.Uponterminationwithoutdefaultof Provider, Districtshallpay, without 30 Contract Number: A-8551
duplication,forallservicessatisfactorilyperformedtodateoftermination. d.Inconsiderationofthispayment,Providerwaivesallrightstoanyfurtherpaymentor damage.Upontermination,Providershallturnoverto Districtall studentrecordsin itspossessiongeneratedasa resultofservicesrenderedunderthisAgreement,possessedbyProviderorunderitscontrolatthetimeof termination.

Default
Failureof Providerto performanyServicesor complywithanyprovisionsof thisAgreementmayconstitutea default.DistrictshallprovidewrittennoticetoProviderofthedefaultandthereasonsforthedefault.DistrictshallnothaveanyobligationordutytocontinuecompensatingConsultantforanyworkperformedafterthedateofthenoticeuntilthedefaultis cured.Thewrittennoticeshallincludethetimeframein whichProvidermaycurethedefault.Thistimeframeispresumptivelythirty(30)workdays,butmaybeextended,thoughnotreduced,atthediscretionofDistrict.DuringtheperiodoftimethatProviderisindefault,Districtshallholdallinvoicesandshall,whenthedefaultiscured,proceedwithpaymentontheinvoices.Inthealternative,Districtmay, initssolediscretion,electto paysomeoralloftheoutstandinginvoicesduringthe periodofdefault.IfProviderdoesnotcurethedefault,DistrictmayterminatethisAgreementasprovidedabove.AnyfailureonthepartofDistricttogivenoticeoftheProvider’sdefaultshallnotbedeemedtoresultinawaiverofDistrict’slegalrightsor anyrightsarisingoutofanyprovisionofthisAgreement.Notwithstandingtheforegoing,Providershallnotbedeemedto be in defaultif its failureto performany ServicesorcomplywithanyprovisionsofthisAgreementresultssolelyfromtheactionorinactionofDistrict.

CompliancewithLaws
InconnectionwiththeServicesanditsoperations,Providershallkeepitselfinformedofandcomplywithallapplicablefederal,stateandlocallaws,statutes,codes,ordinances,regulationsandrulesineffectduringthetermofthisAgreement.Providershallobtainanyandall licenses,permitsandauthorizationsnecessaryto performtheServices.NeitherDistrict,noranyelectedorappointedboards,officers,officials,employeesoragentsof Districtshallbe liable,at lawor in equity, as a resultof anyfailureofConsultanttocomplywiththissection. a.Withoutlimitingthegeneralityoftheforegoing,ProvidershallcomplywiththeprovisionsoftheStateSHINEProgramgrantrequirements.

EntireAgreement
ThisAgreementandtheMemorandumofUnderstandingincorporatedhereinconstitutetheentireagreementandunderstandingbetweentheDistrictandProviderinconnectionwith the matterscoveredhereinand supersedesany prioror contemporaneousunderstandingoragreementwithrespecttotheservicescontemplated. 31 Contract Number: A-8551
GoverningLaw
ThisAgreementshallbeinterpreted,construedandgovernedaccordingtothelawsoftheStateof California.IntheeventoflitigationbetweentheParties,venuein statetrialcourtsshalllieexclusivelyintheCountyofVentura,California.

SeverabilityClause
Ifanyterm,conditionorcovenantofthisAgreementisdeclaredordeterminedbyanycourtof competentjurisdictionto be invalid,voidor unenforceable,theremainingprovisionsofthisAgreementshallnotbeaffectedtherebyandtheAgreementshallbereadandconstruedwithouttheinvalid,voidorunenforceableprovision(s).

Notices
AnynoticesrequiredorpermittedtobegivenunderthisAgreementshallbedeemedfulfilledby writtennotice,demandorrequestpersonallyservedon(withproofofserviceendorsedthereon,ormailedto,orhereinafterprovided)thepartyentitledtheretooronitssuccessorsandassigns.Ifmailed,suchnotice,demand,orrequestshallbemailedcertifiedorregisteredmail,returnreceiptrequested,anddepositedintheUnitedStatesmailaddressedtosuchpartyatitsaddresssetforthbeloworto suchaddressaseitherpartyheretoshalldirectbylikewrittennoticeandshallbedeemedtohavebeenmadeonthethird(3 rd
) dayfollowingposting;orifsentbyanationallyrecognizedovernightexpresscarrier, prepaid,suchnoticeshallbedeemedto havebeenmadeon thenextbusinessdayfollowingdepositwithsuchcarrier. Forthepurposesherein,noticesshallbesenttotheDistrictandtheProviderasfollows:

FortheDistrict:PatriciaMarshall,ChiefBusinessOfficialHuenemeElementarySchoolDistrict205NorthVenturaRoadPortHueneme,CA93041 ForProvider:AraceliEspinosa,ManagementAnalyst701South"G"StreetOxnard,CA93030 AuthoritytoExecute
ThepersonorpersonsexecutingthisAgreementcertifytheyaretheauthorizedrepresentativesoftherespectiveparties,andareauthorizedtosignthisdocument.

BindingEffect
ThisAgreementshallbebindingupontheheirs,executors,administrators,successorsand 32 Contract Number: A-8551
assignsoftheParties.

Thepartiesheretohaveexecutedthisagreementbyandthroughtheirdulyauthorizedagentsorrepresentatives.TheFundingfortheSHINEProgramandthisentireAgreementiscontingentuponthedistrictreceivingstatefundingeachfiscalyear.

INWITNESSWHEREOF,thepartieshaveenteredintothisAgreementasoftheEffectiveDate.

ForCityofOxnard:
______________________________ ______________________________JohnC.Zaragoza DateMayor ATTEST:
_______________________________ ______________________________RoseChaparro DateCityClerk APPROVEDASTOFORM:
________________________________ ______________________________StephenM.Fisher DateCityAttorney ForHuenemeElementarySchoolDistrict:
________________________________ ______________________________PatriciaMarshall DateChiefBusinessOfficial 33 Contract Number: A-8552
MemorandumofUnderstandingbetweentheHuenemeElementarySchoolDistrict(HESD),fiscalagencyoftheSHINEExpandedLearningDayProgramandtheCityofOxnard ThescopeofthisdocumentistodefinetherolesandresponsibilitiesofapartnershipbetweentheCityofOxnard,CityRecreationandCommunityServices-CityCorps(OCC)toprovidestafftosuperviseandsupportstudentswhoparticipateintheHuenemeElementarySchoolDistrict(HESD)SHINEExpandedLearningDayProgram.SHINEistheextendedlearningdayofferedeachdaythatschoolisinsessionfromregulardaydismissalto6:00p.m.

ThisservesasaMemorandumofUnderstandingandResponsibilityAgreementthatHESDandOCCwillworktogethertowardmeetingtheSHINEProgramPlangoalsforthe2024-2025schoolyearatthefollowingschools:RichardBard,CharlesBlackstock,E.O.Green,ArtHaycox,JulienHathaway, Hueneme,AnsgarLarsen,Parkview, SunkistandFredWilliams.Eachagency, accordingto its definedrole,agreesto participateincoordinating,providingandfinancingthefollowingservicesforthepurposeofthisagreement.

OCCagreesto:1.Provide(1)ProgramSupervisor, (1)ProgramCoordinator, and(11)SiteProgramSpecialiststoinstructandsupport60OCCstaffandoverseetheimplementationofitems2-12below.2. a.OversightofimplementationoftheunifiedSHINEScheduleeachweekbyallOCCstaff.b.InformtheDistrictSiteCoordinatorofsuppliesandmaterialsneededeachmonth.c.Ensureallstaffexplaintoparentshowtosignstudentsoutdailytomeetgrantrequirements.d.Meetdailywiththestafftocelebratesuccessesandaddressconcernsbasedonthepriordayprogram.e.SuperviseandsupportthestafftowardsmeetingtheessentialresponsibilitiestoworkintheSHINEProgramf.Supervisionofstudentsdailyatarrival,duringandatdismissaloftheprogram.g.Ensuresnacks,suppliesandmaterialsareorganized,preparedandavailabledaily.h.WorkwiththeDistrictSiteCoordinatortocollectdataforassessmentandevaluationpurposes.i.Ensurethatthestaff applyappropriatebehaviormanagementanddisciplinetechniquesatalltimesandassistthestaff in solvingdisciplineproblems;Allstaff usetheCHAMPSapproachforteachingstudentsexpectationsfor appropriatebehaviorfor all scheduledactivitiesandtransitions.j.Planactivitiesusingappropriateinstructionalstrategiesandmaterialsprovidedatprofessionallearningdays.3.Providestaffdailytoservetherequiredstudenttostaffratioof20:1forallsites.4.Ensureallemployeesattendallscheduledprofessionallearninganduseplanningtimetopreparelessonsandactivitiestoimplementinstructionalstrategiestaughtatthetrainingsessions.5.ProvideallstaffwithplanningtimedailypriortothestartoftheprogramasoutlinedintheStaff WorkScheduleforeachschool.6.AllpersonnelmustpassDistrictPara-educatorTestandreceivetraininginthefollowingareas:CPR/FirstAidandprovidecopyof certificate,MandatedReporting,SexualHarassmentandpass fingerprintclearancepriortobeingofferedemployment.7.EnsureallemployeesmeetwiththeSiteCoordinatorateachschoolsitepriortothefirstdayofschoolandthattheyattendallSummerProfessionalLearningdays.8.Provideanin-kindmatchinggrantofaminimumof$54,000tohelpmeetthe33%matchinggrantrequirement.9.EnsureallSHINEstaffattendandparticipateincollaborativeplanningandmeetings. 34 Contract Number: A-8552

10.EnsureallemployeesmaintainconfidentialityofstudentrecordspertheContractwithHESD.11.MaintainallmaterialsprovidedfortheSHINEstaffbyhavingstaffreturnitemsattheendofeachday.12.ProvidebudgetaryinformationtoHESDasrequired.13.ProgramSpecialistsworkall30DaysofIntersessionProgramsandattendallprofessionallearningdaystoprepareforintersessions.CoordinatorandSupervisorareavailabletosupportProgramSpecialistsduringintersessionsasneeded.

OCCwillbeprovidedwithanannualtotalof$2,225,621paidin10monthlyinstallmentsof$222,562inthe2024-2025schoolyear.

HESDagreesto:1.Managetheprogrambudget,includingcollaboratingwithOCCtoensurethe2024-2027SHINEProgramPlangoalsarebeingmetandforproperpaymentforservices.2.Provideprofessionallearningandfollow-upcoachingsupporttoSHINEstaff.3.ProvidesuppliesandmaterialsforuseintheSHINEProgram.4.Visitsitestoensuregrantcomplianceonprogrammaticlevels.5.Coordinatewithagenciestoensureproperimplementationandmodification,asneeded.6.Workwithcollaboratingagenciestoaddressanyparent,teacher,student,orotherprogramparticipantconcernsthatmayarise.7.CollaboratewithOxnardCityRecreationandCommunityServicesProjectManagerannuallytomonitoroverallprogramprogressandachievementofgoals.

Additionally, HESDwillprovideoneon-siteAfterSchoolProgramSiteCoordinator/AcademicLiaisonwhowillberesponsibleforthedailyoperationoftheSHINEProgramasfollows:1.CoordinatewithOCCSiteProgramSpecialiststoordersuppliesandmaterialsuniquetoeachsite.2.Recruitandenrolleligibleprogramparticipantsfromeachsite.3.Maintainafter-schoolrecordsregardingenrollment,waivers,emergencycards,permissionslips,etc…4.Workwithteacherstocommunicatestudentneedsandstudentprogress.5.ServeasliaisonbetweenExpandedLearningDayandregulardaystaff.7.Workwithteachers,parentsandstudentstoensureappropriateplacement.8.CoordinatewithSHINEstafftoprovidearrival/intakeandsnackservices.d9.MonitorimplementationofweeklyscheduleforprogramincoordinationwiththeSiteProgramSpecialistsandthesiteadministrator.10.MeetwithSite/Districtadministrationtoensurethemeetingofprogramgoals.11.Appropriatelyaddressanyissuesofconcernraisedbyparents,students,teachers,orotherprogramparticipantsatthesitebyworkingwiththeSHINEandregulardaystaffandtheprincipal.12.RepresenttheirprogramatDistrict-levelAfterSchoolSiteCoordinatormeetings.

ThisagreementshallbeginonJuly1,2024andcontinuetobeimplementeduntilJune30,2025.Eitherpartymaynegotiatethetermsofthisagreementbycallingameetingtoredefinetheterms.Ongoingreviewofthisagreementwillbetheresponsibilityofbothparties.Eitherpartycaninitiatereleaseofthisagreementwitha30-daynotice.FundingfortheSHINEProgramiscontingenteachyearuponstatefundingforbothASES(AfterSchoolEducationandSafety)andELOP(ExpandedLearningOpportunityProgram).IfELOPfundsarereducedoreliminated,HESDwillaskforareductioninstaffingbasedontheASESallocationfromthestate. 35 Contract Number: A-8552
ForCityofOxnard:
______________________________ ______________________________JohnC.Zaragoza DateMayor ATTEST:
_______________________________ ______________________________RoseChaparro DateCityClerk APPROVEDASTOFORM:
________________________________ ______________________________StephenM.Fisher DateCityAttorney ForHuenemeElementarySchoolDistrict(FiscalAgency):
________________________________ ______________________________ChristineWalker,Ed.D. DateSuperintendent 36 Contract Number: A-8552
37 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3

DATE: June 4, 2024

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.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8550) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,590,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services.

(The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024.)

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 $4,590,000. 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.

38 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.

If approved by the Committee, minor edits may be made to the agreement prior to the City Council's consideration of this item. Staff will update the Council on any changes that have been made to the agreement prior to Council consideration of the agreement.

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 OSD total grant award not to exceed $4,590,000 is included in the Proposed FY 2024-25 budget in the State Grant Fund (210). Primary services, including reimbursement for actual expenses, shall not exceed four million five hundred and ninety thousand dollars ($4,590,000);

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 is also be included in the Proposed FY2024-25 budget. Student participation in various established recreation programs such as youth sports programs, educational field trips, and volunteer support also contribute to the in-kind match.

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

COMMITTEE OUTCOME

The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Julie Estrada, Management Analyst

ATTACHMENTS

1. Agreement

39 OXNARD SCHOOL DISTRICT
AGREEMENT #24-12

AGREEMENT FOR AFTER SCHOOL PROGRAMS SERVICES
THIS AGREEMENT FOR AFTER SCHOOL PROGRAMS SERVICES (this “Agreement”) is entered into as of the below -referenced Effective Date by and between the Oxnard School District, a California public school district (“District”) and the below-referenced service provider (“Service Provider”). In this Agreement, District and Service Provider are sometimes individually referred to as “Party” and collectively referred to as the “Parties.” Effective Date: July 1, 2024 – June 30, 2025
Service Provider: City of Oxnard School District
Address: 305 West Third Street, 1st Floor West Wing, Oxnard, CA 93030 Authorized Representative: Terrel Harrison
Representative’s Email: [email protected]
Type of Service: Lead Agency
Enrichment Agency

RECITALS
A. District is a California public school district that serves preschool to eighth grade students in the City of Oxnard, County of Ventura, State of California at one preschool, ten TK- 5 schools, four TK -8 schools, three K -8 schools, and three 6 -8 schools. District offers after - school programs to its grade level students for the 180 school days and 30 non-school days within each fiscal year (July 1 to June 30).

B. For District’s after-school program, the “Lead Agency” is responsible for providing daily after-school programming for the 180 school days and 30 non-school days within each fiscal year as required by funding; works with the program from school dismissal until closing time; and provides management, oversight, and coordination of all afterschool programs, including recruitment, enrollment, and programming provided by Enrichment Agencies.

C. For District’s after school program, a n “Enrichment Agency” is responsible for providing specific types of enrichment programs (e.g., arts, robotics, or sports) in accordance with its area of expertise, and may provide such enrichment activities for a limited period of time (such as Tuesday and Thursday afternoons, or on non -school days during winter, spring, or summer breaks, during the full fiscal year). Further, each and every Enrichment Agency shall adhere to the management, oversight, and coordination rules and regulations of the Lead Agency.

D. District has sought the performance of the Services (defined below) for Lead Agency and Enrichment Agencies, as defined and described particularly on Exhibit A -0, Exhibit A-1, Exhibit A-2, and Exhibit A-3.

X
40 After School Program Services Agreement
-2-
E. Following submission of a proposal for the performance of the Services, Service Provider was selected by District to perform the Services as a Lead Agency or Enrichment Agency, as indicated above.

F. The California Department of Education has awarded District a grant through the Expanded Learning Opportunities ( “ELOP”) Program, After School Education and Safety (“ASES”) Program, and/or the 21st Century Community Learning Centers (“21st CCLC”) Program for academic school y ear 2024-2025, commencing July 1, 2024 and ending June 30, 2025 (collectively, the “Grant”). The Grant may also apply to additional academic school years.

G. The purpose of the Grant is to fund local after school education and enrichment programs. The District intends to use the Grant, in part, to retain Service Provider to perform the Services.

H. The Parties desire to memorialize the selection of Service Provider for performance of the Services and desire that the terms of that performance be as particularl y defined and described herein.

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:

OPERATIVE PROVISIONS

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. This Agreement, all exhibits, and the RFP, including all RFP forms and all contract forms, are collectively referred to as the “Contract.”

2. Term of Agreement . Subject to earlier termination as provided below, this Agreement shall remain in effect from July 1, 2024 to and including June 30, 2025 (the “Term”). This Agreement may be extended for two additional one (1)-year terms only by a written amendment, signed by the Parties, prior to the expiration of the Term.

3. Performance of the Services; Time for Performance. Service Provider shall provide the services set forth in Service Provider’s proposal (as accepted by District and attached to the Contract), Exhibit A-0 (as applicable to Service Provider as a Lead Agency or Enrichment Agency as indicated in the preamble above), Exhibit A-1, and Exhibit A-3 during the Term pursuant to the schedule specified Exhibit A -0 (the “Primary Services”). Service Provider may also agree to provide additional services, at District’s request and only with District’s prior written authorization (the “Additional 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.” If Service Provider fails to complete the Services pursuant to the schedule specified in Exhibit A-0 or such other schedule that the Parties memorialize in a writing signed by duly authorized representatives of each Party, then Service Provider shall be deemed to be in Default 41 After School Program Services Agreement
-3-
as provided below. Notwithstanding anything to the contrary in this Agreement or the Contract, Service Provider expressly understands and agrees that this Agreement and the Contract are subject to the Grant and that if the Grant is reduced or revoked, then the District shall have the right to terminate this Agreement and the Contract with no further liability to Service Provider.

4. Compensation and Method of Payment.
a. Subject to any limitations set forth below or elsewhere in this Agreement, District agrees to pay Service Provider the amounts specified below for the Services. i. The total compensation for the Primary Services, including reimbursement for actual expenses, through reimbursement for supplemental ELOP Program, ASES Program, and/or 21st CCLC Program funded grant activities and/or universal grant monies as outlined in Exhibit A-0 shall not exceed the following amount:

Four Million Four Hundred Twenty Thousand Dollars and Zero Cents ($4,420,000.00) ii. The total compensation for the Additional Services, including reimbursement for actual expenses, through reimbursement for supplemental ELOP Program, ASES Program, and/or 21 st CCLC Program funded grant activities and/or universal grant monies as outlined in Exhibit A-0 shall not exceed the following amount:

One Hundred Seventy Thousand Dollars and Zero Cents ($170,000.00) Notwithstanding the generality of the foregoing, if Service Provider renders any Additional Services without District’s prior written authorization, District shall not be obligated to pay for such services.
iii. Unless the District Superintendent or designee provides advance written authorization of a higher amount, the hourly rate for any subcontractor of Service Provider shall not exceed the following amount:

Fifty Dollars and Zero Cents ($50.00) per hour
iv. If the amount of the Grant is modified in a manner that will affect Service Provider’s provision of the Services, in District’s sole discretion, then the Parties agree to amend the costs accordingly through written amendment.
b. Each month by the 20th , Service Provider shall furnish to District an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub contracts. Subcontractor charges, if any, shall be detailed by the following categories: labor, travel, materials, equipment, and supplies. All invoices must comply with the requirements set forth in Exhibit B. District shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred comply with the provisions of this Agreement, inclusive of Exhibit B. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth 42 After School Program Services Agreement
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in subsection c. In the event any charges or expenses are disputed by District, then District shall return the original invoice to Service Provider for correction and resubmission. c. Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by District, District will use its best efforts to cause Service Provider to be paid within forty -five (45) calendar days of receipt of Service Provider ’s correct and undisputed invoice.
d. Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

5. Quarterly Review and Adjustment of Scope of Work . District may, in its sole and absolute discretion, (a) conduct a quarterly performance review of the Services, including, but not limited to, enrollment numbers, alignment with District goals and priorities, compliance with assurances, and other reasonable evaluation indicators, and (b) based on such assessment, require Service Provider to adjust and/or decrease the frequency of its services by a specified amount within thirty (30) calendar days or another timeframe established by District in its sole discretion, in which event District will simultaneously reduce Service Provider’s compensation pro rata with no liability to Service Provider for such reduction.

6. Termination. This Agreement may be terminated as follows. a. Mutual Agreement. The Parties may, at any time, mutually agree in writing to terminate this Agreement.
b. Termination by Service Provider for Cause . Service Provider may, upon thirty (30) calendar days written notice to District, (i) terminate this Agreement or suspend work under this Agreement for a reasonable period of time, and (ii) recover from District payment for all work executed if: (A) Service Provider’s work under this Agreement is stopped for a period of six (6) months or more pursuant to an order of any court of competent jurisdiction or any public authority (but not for a school closure event as set forth in paragraph 7 of this Agreement), and through no act or fault of Service Provider or of anyone employed by Service Prov ider or acting on Service Provider’s behalf, (B) District fails to pay Service Provider within sixty (60) calendar days after its maturity and presentation any sum awarded by final arbitration or a court of competent jurisdiction, or (C) Service Provider delivers District written notice of any alleged material breach of this Agreement by District and Distri ct fails to cure such alleged breach within sixty (60) calendar days, provided, however, that the timeline for cure shall be extended for an additional period if District is diligently pursuing such cure in good faith and an additional time period for the cure is reasonably warranted.
c. Termination by District for Non -Appropriation of Funds . District shall have the right to terminate this Agreement at any time due to non-appropriation of funds. d. Termination by District for Convenience . District shall have the right to terminate this Agreement for convenience by giving Service Provider at least ninety (90) calendar days written notice.
43 After School Program Services Agreement
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e. Termination by District for Cause . District may terminate th is Agreement for cause upon thirty (30) calendar days’ written notice to Service Provider. For the purposes of this subparagraph, “cause” shall include, but not be limited to, (i) Service Provider filing for bankruptcy, being adjudged bankrupt, or being subject to involuntary bankruptcy proceedings; (ii) Service Provider making a general assignment for the benefit of Service Provider’s creditors; (iii) the appointment of a receiver due to Service Provider’s insolvency; (iv) the levy of an attachment of execution upon Service Provider’s property; (v) the persistent or repeated failure or refusal of Service Provider to properly staff the after -school programs or otherwise violate any provisions of Exhibits A -0 to A -3; (vi) the material violation of any applicable law or District regulation or policy; (vii) any act or omission by any Service Provider or its subcontractor personnel that constitutes gross negligence or willful misconduct , endangers or is likely to endanger the safety, health, or wellbeing of any District student or staff, or represents a repeated default by Service Provider personnel (e.g., repeated late arrivals to school sites or repeated violations of the Standards for Performance); and (viii) any other material breach of the Contract by Service Provider, Service Provider’s employees, Service Provider’s subcontractors or anyone acting on Service Provider’s behalf, including, but not limited to, the breach of any covenant, representation or warranty in this Agreement, and the violation of any provision of the RFP (including continuing disclosure obligations). Any failure on the part of District to give notice of the Service Provider’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. District may, but is not obligated to, provide Service Provider an opportunity to cure any default. Notwithstanding the thirty (30) calendar days’ advance written notice specified herein, District reserves the right to immediately suspend the Services of Service Provider if the circumstances reasonably warrant (e.g., due to imminent safety and health issues). Moreover, Service Provider shall be liable to District for any excess cost occasioned to District by termination for cause. The foregoing provisions for termination of th is Agreement are in addition to, and not in limitation of, the right s of District under any other provisions of the Contract. Service Provider 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 gross negligence or willful misconduct of District. f. Effect of Termination or Expiration of Agreement . Upon termination or expiration of the Term, this Agreement, and the entire Contract, shall terminate; Service Provider shall cease providing the Services; Service Provider shall vacate the District premises, leaving them in a neat and orderly condition; a nd Service Provider and District shall comply with any remaining obligations under the Contract, as applicable ( e.g., payment of any sums still due and owing,). Service Provider acknowledges and agrees that certain obligations shall survive the termination or expiration of the Contract, including, but not limited to, Service Provider’s indemnity obligations, confidentiality obligations, and obligations regarding delivery and maintenance of reports and records.

7. School Closures. If District, or any one or more schools within District, are closed due to any lawful reason including in response to governmental orders or advisories, or to protect the health, safety and welfare of students and employees, or by reason of any emergency ( including, but not limited to, a wildfire, mudslide, or earthquake), and District notifies Service Provider that it does not need to provide the Services or any portion of the Services, then District shall not be 44 After School Program Services Agreement
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charged or required to pay for the Services, staffing, overhead, or any other related costs for the closed school site (s) during the applicable closure period. Additionally, if any school site is required to rely on remote learning in lieu of or in addition to student attendance at the time of commencement of classes or any time during the school year, then District shall have the right to notify Service Provider of the revised service needs, and the Service Provider shall, to the maximum extent reasonably practicable, provide the Services via remote learning or via a hybrid of in-person and remote learning, in which event District shall not be charged or required to pay for any additional costs of the remote or hybrid learning and, if the Services are reduced, then District shall only be billed for the Services provided and adjusted actual costs for reduced services received. District shall also furnish Service Provider written notice of school reo pening plans, including phases and any interruptions in reopening schedules, and Service Provider agrees to furnish the Services as needed by District with cost reductions as reasonably warranted. Service Provider agrees to cooperate with District in cost reduction and utilization changes, including, but not limited to, working with Service Provider on partial, phased, or full reopening plans to provide such services as District shall need under those plans. Notwithstanding the generality of the foregoing clauses within this section, District may, in its sole and absolute discretion, elect to continue to pay for the Services despite the closure of one or more school sites if, for example, District receives emergency funds from the State or other sources for such purposes.

8. Service Provider’s Representations and Warranties . In addition to any other representations and warranties set forth elsewhere in the Contract, Service Provider hereby represents and warrants to District that:
a. Service Provider is currently authorized and qualified to conduct business in the State and the County, and Service Provider will remain in good standing in the State , the County and, as applicable, the Internal Revenue Service, Franchise Tax Board, and Attorney General, for the entire term of the Contract.
b. Service Provider has carefully examined the Contract; is familiar with the Services; and has the expertise, personnel, and resources to timely and properly conduct the Services. c. Service Provider has the right, power, and authority to enter into the Contract, including this Agreement and all contract documents, and to perform its obligations hereunder and under the Contract.
d. This Agreement constitutes the legal, valid, and binding obligation of Service Provider enforceable against Service Provider in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium, and other principles relating to or limiting the rights of contracting parties generally. This Agreement does not violate any provision of any material agreement or document to which Service Provider is a party or by which Service Provider is bound.
e. There are no lawsuits, claims, suits, proceedings, or investigations pending or, to Service Provider’s knowledge, threatened against Service Provider arising out of or concerning Contractor’s performance under this Agreement. There are no suits, actions, or proceedings 45 After School Program Services Agreement
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pending, or to Service Provider’s knowledge, threatened against Service Provider which question the legality or propriety of the transactions contemplated hereunder.

All representations and warranties of Service Provider are made as of the Effective Date and shall survive the term of the Contract for a period of three (3) years. Service Provider shall be in material default if Service Provider is unable to make the representations and warranties hereunder as of the Effective Date.

9. Ownership of Documents ; Use of Documents by District . All curriculum, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, fliers, and other documents prepared, developed or discovered by Service Provider 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 Service Provider . Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to District all such Documents. If and to the extent that District utilizes for any purpose not related to this Agreement any Documents, Service Provider’s guarantees and warrants related to Standard s of Performance as set forth in paragraph 13 of this Agreement shall not extend to such use of the Documents.

10. Service Provider’s Books and Records.
a. For purposes of this Agreement, the term “ Records” means any and all books and records relating to Service Provider’s performance of Services at each and every school site within the District, including, but not limited to, all:
i. student outreach materials (such as flyers and other promotional materials); student enrollment records; daily student attendance records; daily sign in and sign out sheets; early release policy, early release requests, and other early release records; physician notes for student absences, activity restrictions, etc.; ii. employee records for Service Provider personnel working in the Program, including proof of TB clearance, first aid and CPR certification, and satisfaction of all training requirements, evidence that the staff person meets the minimum qualification for prov iding services to District ( e.g., proof of meeting qualifications as a paraeducator as defined by District), hiring date and (if applicable) termination date, job description, school site assignment, dates of service at District school sites, payroll recor ds, and employment files (including disciplinary records);
iii. food service reimbursable snack logs and Q meal summary electronic reports for nutrition provided to students attending the programs; iv. ledgers, books of account, invoices, vouchers, canceled checks, and other records evidencing or relating to work, services, expenditures, and disbursements charged to District under this Agreement (which Service Provider shall maintain in accordance with g enerally accepted accounting principles and with sufficient detail to permit an accurate evaluation of the Services provided by Service Provider pursuant to this Agreement); and
46 After School Program Services Agreement
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v. evidence of any grants, matching funds, in-kind donations, or other financial contributions to the Program that were provided through or on account of Service Provider.
b. District’s fiscal year is July 1 to June 30. By July 15 of each year, Service Provider shall deliver to District true and correct copies of all Records for the prior fiscal year (e.g., by July 15, 2025, provide copies of all Records for July 1, 2024 to June 30, 2025). Service Provider shall upload true and correct electronic copies of the Records to a secure portal as directed by District. c. Service Provider shall maintain any and all Records for a minimum of five (5) years after termination or expiration of this Agreement, or longer if required by law. d. Any and all such Records 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 Records shall be provided directly to District for ins pection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such Records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement or via electronic delivery.
e. District has the right to acquire custody of such Records by written request if Service Provider decides to dissolve or terminate its business. Service Provider shall deliver or cause to be delivered all such Records to District within sixty (60) workdays of receipt of the request.

11. Independent Contractor . Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of District. a. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Service Provider, its agents or employees shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees, or agents of District. Neither Service Provider, nor any of Service Provider’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. Service Provider will be responsible for payment of all Service Provider’s employees’ wages, payroll taxes, employee benefits, workers’ compensation, 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. Service Provider 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. Penal Code sections 667.5 and 1192.7. If Service Provider becomes aware that any person employed by or volunteering with Service Provider in connection with the Services has been 47 After School Program Services Agreement
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arrested or convicted of a violent or serious felony listed in Penal Code Section 667.5(c) or 1192.7(c), then Service Provider must immediately remove said employee or volunteer from the performance of the Services, prevent the employee or volunteer from i nteracting 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.

13. Standards of Performance . Service Provider represents and warrants that it has the qualifications, experience , resources, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent , and professional manner. Service Provider 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, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Service Provider under this Agreement.

14. Confidential Information, Generally. All information gained during performance of the Services and all Documents or other work product produced by Service Provider 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. Service Provider 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. Service Provider 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 Service Provider or be present at any deposition, hearing, or similar proceeding. Service Provider agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Service Provider; provided that this does not imply or mean the right by District to control, direct, or rewrite said response.

15. Student Privacy Laws.
a. In relation to the performance of the Services, Service Provider may receive or obtain access to confidential student data (“Confidential Student Data”) that is governed by privacy laws under federal or state law, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104 -191) (“HIPAA”); the Family Educational Rights and Privacy Act of 1974 (20 USC § 1232g and 34 CFR Part 99) (“FERPA”); the Protection of Pupil Rights Amendment (20 USC § 1232h) (“PPRA”); the Children’s Online Privacy Protection Act of 1998 (15 USC §§ 6501, et seq.) (“COPPA”); California Education Code Section 49073-49079.7; the Student Online Personal Information Privacy Act (Cal. Business and Prof. Code §§ 22584, et seq.) (“SOPIPA”); the Early Learning Personal Information Protection Act (Cal. Business and Prof. Code §§ 22586, et seq .) (“ELPIPA”) (collectively, the “ Student Privacy Laws ”). Service 48 After School Program Services Agreement
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Provider agrees to abide by the Student Privacy Laws in connection with all Confidential Student Data.
b. Service Provider shall strictly comply with the Student Privacy Laws. Without limiting the generality of the foregoing, Service Provider shall perform the following duties in regards to any Confidential Student Data that Service Provider obtains in the performance of the Contract: (i) not disclose the information to any other party without the consent of the parent/guardian or an eligible student; (ii) use the data for no other purpose than the performance of the services contemplated under the Contract; (iii) permit District access to any relevant records for the purpose of completing authorized audits; (iv) require all of Service Provider’s officers, directors, administrators, employees, subcontractors, and agents to comply with all provisions of the Student Privacy Laws; (v) designate in writing a single authorized representative who shall be responsible for requesting, receiving, transmitting and, as permitted under the Contract and applicable law, destroying Confidential Student Data; (vi) maintain all Confidential Student Data in a secure computer and not copying, reproducing or transmitting data except as necessary to perform under the Contract; and (vii) destroy or return all personally identifiable information obtained under the Contract when it is no longer needed for the purpose for which it was obtained no later than thirty (30) calendar days after it is no longer required. Failure to properly destroy or return Confidential Student Data shall preclude Service Provider from accessing personally identifiable student information for at least five (5) years as provided in 34 C.F.R. Section

99.31(a)(6)(iv), which shall be grounds for District to terminate this Agreement for cause and seek any and all remedies available to District at law or in equity. c. In the event that Service Provider operates a website, online service, mobile application or similar medium, Service Provider shall comply with the requirements of SOPIPA (Cal. Business and Prof. Code §§ 22584, et seq.) by (a) not knowingly engaging in advertising targeted to District students or their parents or guardians, creating profiles of students or their parents or guardians, selling information about students or their parents or guardians, or disclosing any personally identifiable information without proper prior consent; (b) storing, processing and protecting District data pursuant to commercial best practices, including encrypting data; (c) promptly deleting District data, including, but not limited to, student, parent and guardian data, upon District’s request; and (d) not storing District data outside of the United States.

16. Conflict of Interest; Disclosure of Interest . Service Provider 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 Service Provider ’s performance of Services under this Agreement. Service Provider 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. Service Provider 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. Board Bylaws Sections 9270 and 9270-E, as hereinafter amended or renumbered, require that a Service Provider that qualifies as a “designated employee” must disclose certain 49 After School Program Services Agreement
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financial interests by filing financial interest disclosures. By its initials below, Service Provider represents that it has received and reviewed a copy of the Board’s Bylaws Sections 9270 and 9270- E (available on the District’s website at https://www.oxnardsd.org/domain/12) and that it does not qualify as a “designated employee.”
______ (Initials)
c. Service Provider agrees to notify the Superintendent, in writing, if Service Provider believes that it is a “designate d employee” and should be filing financial interes t disclosures but has not been required to do so by the District.
______ (Initials)

17. Compliance with Applicable Laws . Service Provider hereby agrees that Service Provider, and its officers, owners, agents, employees, and subcontractors, shall keep themselves informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in the performance of the Contract, including, but not limited to, minimum wage laws and laws prohibiting discrimination. Service Provider shall be responsible for the safety of its employees and shall comply w ith all applicable regulations of the California Division of Occupational Safety and Health (Cal OSHA), including, but not limited to, California Code of Regulations Title 8, section 3203, Injury and Illness Prevention Program, and section 3205, COVID-19 Prevention. Service Provider shall ensure that workers in school settings who are on-site supporting school functions are compliant with applicable Public Health Department Orders and Guidance, and other mandates related to COVID -19, so long as such orders and guidance remain in effect. Service Provider and its officers, owners, agents, employees, and subcontractors shall secure and maintain in force for the Term, at their sole cost and expense and at no cost to District, 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 Service Provider to comply with this section. Without limiting the generality of the foregoing, Service Provider shall comply with any applicable fingerprinting requirements as set forth in the Education Code of the State of California.
______ (Initials)

18. Undocumented Workers. Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. Sections 1101, et seq., as amended, and in connection therewith , shall not employ undocumented workers, defined herein the same as in 8 U.S.C.A. Section 1324a(h)(3). Should Service Provider 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, Service Provider 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.

19. Non-Discrimination. Service Provider 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, 50 After School Program Services Agreement
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national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

20. Assignment. The expertise and experience of Service Provider 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 Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the Board of Trustees of District. Any attempted assignment shall be ineffective, null and 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.

21. Subcontracting. Notwithstanding the above, Service Provider may utilize subcontractors in the performance of its duties pursuant to this Agreement, but only with the prior written consent of District. Service Provider shall be as fully responsible to District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by Service Provider, as if Service Provider performed the acts and omissions directly.

22. Continuity of Personnel. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider ’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement.
a. Service Provider shall ensure that District has a current list of all personnel and subcontractors providing Services under this Agreement. b. Service Provider shall notify District of any changes in Service Provider’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: (i) all full or part -time staff positions by title, including volunteer positions whose direct services are required to provide the Services described herein; (ii) 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; (iii) the professional degree, if applicable, and experience required for each position; and (iv) the name of the person responsible for fulfilling the terms of this Agreement. c. Service Provider shall maintain a database of prospective employees in order to avoid a gap in filling intended positions.
d. Notwithstanding the generality of the foregoing, all Service Provider personnel assigned to perform under the Contract shall be subject to the continuous approval of District.

District may refuse to accept any Service Provider personnel assigned to the Contract in the event that such person s fail to meet the necessary performance standards or for any other reasonable basis. Upon the request of District, Service Provider shall immediately terminate the assignment of any Service Provider personnel to the District’s after-school program. 51 After School Program Services Agreement
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23. Assumption of Responsibility. In accordance with Service Provider’s obligations under paragraphs 11, 1 3, 21, and 2 2 herein, Service Provider 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.

24. Service Provider’s Indemnification of District.
a. To the full est extent permitted by California law, Service Provider, on behalf of itself and its officers, agents, employees, board members, owners, shareholders, subcontractors, volunteers and agents (collectively, “Indemnifying Party”), shall at its sole expense indemnify, protect, defend and hold harmless District, its officers, agents, employees, elected board members, and volunteers (collectively, “ Indemnified Party ”) 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 , which arise out of or relate to any one or more of the following (each a “ Claim” and collectively the “ Claims”): (i) Indemnifying Party’s breach of any representation or warranty in the Contract; (ii) Indemnifying Party’s breach of any material provision of the Contract; (iii) Indemnifying Party’s violation of any applicable law; (iv) employment and labor claims concerning Indemnifying Party ’s employees, agents, and/or subcontractors; (v) intentional misrepresentation or fraud by Indemnifying Party; (vi) bodily injury, including, but not limited to, illness, communicable disease, virus, or pandemic in connection with Indemnifying Party’s provision of the Services; (v) personal injury (including, but not limited to, injuries related to or derived from alleged sexual misconduct, sexual abuse, or molestation, and any claims or allegations of wrongful death) in connection with Indemnifying Party’s provision of the Services, (vi) any damage to and destruction of real property in connection with Indemnifying Party’s provision of the Services; (vii) any damage to and destruction of personal property in connection with Indemnifying Party’s provision of the Services, (viii) Service Provider’s furnishing to District of any copyrighted or patented material under the Contract and claims that such materials infringe upon a third party’s intellectual property rights. For avoidance of doubt, Service Provider’s liability under this paragraph includes any and all liability arising out of or in any way attributable to the performance of this Agreement by Service Provider or by any individual or entity for which Service Provider is legally liable, including , but not limited to , its officers, agents, employees, and subcontractors.
b. Indemnifying Party’s indemnity, defense, protection and hold harmless obligations under this paragraph 24 shall apply whether or not the applicable Claim: (i) is a third party claim or a direct claim; (ii) has any merit; (iii) arises from an act or omission authorized under the Contract; or (iv) is caused or alleged to have been caused by the negligence of the Indemnified Party, provided, however, that Indemnifying Party shall not be liable for damages or losses caused by sole gross negligence or sole willful misconduct of the Indemnified Party. c. Indemnifying Party’s obligations under this paragraph 24 shall not be limited by Service Provider’s insurance requirements under the Contract. 52 After School Program Services Agreement
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d. The Indemnified Party shall promptly notify the Indemnifying Party of any Claim for which indemnification is sought, following actual knowledge of such Claim. However, the failure to give such notice shall not relieve the Indemnifying Party of its obligations hereunder except to the extent that Indemnifying Party is materially a nd irrevocably prejudiced by such failure. In the event that any third party Claim is brought, the Indemnifying Party shall have the right and option to undertake and control the defense of such action with counsel of its choice, except that (i) the Indemn ified Party at its own expense may participate and appear on an equal footing with the Indemnifying Party in the defense of any such Claim; (ii) the Indemnified Party, at Indemnifying Party’s expense, may undertake and control of such defense in the event of the material failure of the Indemnifying Party to undertake and control the same; and (iii) the Indemnified Party may control with counsel of its choice the defense of any third party Claim when an adverse judgment would establish a precedent that would be materially damaging to the continuing business interests of Indemnified Party as a public agency ( e.g., a Claim involving public contracting rules). A Party shall not consent to judgment or concede or settle or compromise any Claim without the prior written approval of the other Party (which approval shall not be unreasonably withheld, delayed, or conditioned).
e. No Party shall be entitled to any form of implied or equitable indemnification at any time, whether based upon a theory of contract, torts, strict liability or otherwise, and each Party expressly disclaims any right to implied or equitable indemnification. f. Service Provider agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement. In the event Service Provider fails to obtain such indemnity obligations from others as required here, Service Provider 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 Service Provider and shall survive the termination of this Agreement. g. The provisions of this paragraph 24 shall survive the termination or expiration of the Contract and remain in full force and effect.

On behalf of Service Provider, I certify that I have read and understood the foregoing indemnity, defense, and hold harmless obligations under this paragraph 24 and that Service Provider agrees to be bound by such obligations.
______ (Initials)

25. District’s Indemnification of Lead Agency.
a. To the fullest extent permitted by California law, District shall indemnify, protect, defend and hold harmless Lead Agency 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, wheth er actual, alleged, or threatened, including 53 After School Program Services Agreement
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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 property (real or personal), to the extent the liability arises out of or is in any way attributed to the performance of this Agreement by District or District’s officers, agents, employees 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 Lead Agency, its officials, elected council members, employees, agents, or program participants. b. This obligation to indemnify and defend Lead Agency is binding on successors, assigns or heirs of District and shall survive termination of this Agreement. c. Should the acts or omissions of both Lead Agency and District contribute to any injury or damage, then their responsibility for the injury or damage will be divided between them in proportion to their respective contributions to the injury or damage. ssss

26. Enrichment Agency’s Indemnification of Lead Agency. To the fullest extent permitted by California law, Enrichment Agency shall indemnify, protect, defend and hold harmless Lead Agency and Lead Agency’s 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 p roperty (real or personal), to the extent the liability arises out of or is in any way attributed to the performance of this Agreement by Enrichment Agency or by any individual or entity for which the Enrichment Agency is legally liable, including, but not limited to , any Enrichment Agency officers, agents, employees or subcontractors or that rises out of or is in any way directly attributed to officers, agents, employees or subcontractors of Enrichment Agency or that arises out of or is in any way directly attributable to the alleged existence of dangerous conditions on District property during the operation of the program contemplated hereunder (if such conditions are caused by the acts or omissions of Enrichment Agency or any individual or entity for whic h Enrichment Agency is legally liable) .

Except as specifically provided in this Agreement, in no event shall Enrichment Agency be liable 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 Lead Agency is binding on successors, assigns or heirs of Enrichment Agency and shall survive termination of this Agreement.

27. Limitation of Liability. District assumes no responsibility whatsoever for any of Service Provider’s personal property placed on District premises. Except as specifically provided in the Contract, in no event shall District be liable in contract or tort for any special, consequential, indirect, or incidental damages arising out of or in connection with the Contract. 54 After School Program Services Agreement
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28. False Claims. Notwithstanding anything to the contrary in the Contract, Service Provider may be liable to District under the False Claims Act (California Government Code Sections 12650, et seq.) for any and all false claims that Service Provider presents or makes to District in connection with the Contract. Service Provider’s liability under the False Claims Act , if any, shall include three times the amount of damages that District sustains because of the false claim and the costs of a civil action brought to recover any penalties and/or damages, and the then -current and applicable civil penalty for each violation.

29. Insurance. Service Provider shall provide insurance coverage for the Services as set forth on Exhibit C.

30. 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
1501 South A Street
Oxnard, CA 93030
Attention: Dr. Ginger Shea
Phone: 805-385-1501 ext. 2324
Email: [email protected]
To Service Provider: City of Oxnard (Rec. Svcs.)
305 West Third Street
1st Floor West Wing
Oxnard, CA 93030
Attention: Terrel Harrison
Phone: 805-385-7995
Email: [email protected]
Notice shall be deemed effective on the date personally delivered with a copy sent via email or, if mailed, three (3) business days after deposit of the same in the custody of the United States Postal Service.

31. Excusable Delays. Service Provider 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 Service Provider. 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, strikes, embargoes, pandemics, epidemics, governmentally mandated quarantines, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

32. Authority to Execute . The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder. 55 After School Program Services Agreement
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33. Administration. The Assistant Superintendent of Educational Services, or such person’s designee, shall be in charge of administering this Agreement on behalf of the District. The Administrator has completed Exhibit D.

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

35. 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.

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

37. 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 Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

38. Governing Law ; Jurisdiction . The Contract, including this Agreement, shall be construed in accordance with the laws of the State for all substantive and procedural matters, without regard to principles of conflicts of law. Venue for any legal action or proceeding relating to the Cont ract shall lie exclusively in the County. The venue for any arbitration, mediation or other action or proceeding related to enforcement or interpretation of the Contract shall be the County of Ventura. In the event of any litigation related to the Contract , the Parties irrevocably submit themselves to the jurisdiction of the Superior Court of Ventura County. Each Party hereby waives and expressly agrees not to assert, in any manner whatsoever, any claim or allegation that it is not personally subject to the jurisdiction of the aforementioned court. The Parties further agree to waive any claim or allegation that the suit, action, or proceeding is either brought in an inconvenient forum or that the venue is improper.

39. Dispute Resolution. It is the Parties’ intention to avoid the cost of litigation and to attempt to resolve any problems arising out of or related to the Contract amicably. To that end, the Parties agree to attempt to settle any and all disputes arising out of or related to th e Contract by neutral, non-binding mediation, as a condition precedent to the commencement of arbitration, litigation, or any other similar proceeding. Either Party may request mediation, provided that the request shall be in writing and delivered to the other Party in accordance with the notice provisions set forth in this Agreement. The Parties agree to act in good faith to attempt to resolve any dispute by mediation.

A Party shall not be entitled to attorneys’ fees in any lawsuit, arbitration, or other proceeding related to or arising under the Contract if that Party refused or failed to participate in mediation in good faith pursuant to this paragraph. The Parties fur ther agree to act in good faith to identify a 56 After School Program Services Agreement
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mutually acceptable mediator. If a mediator cannot be agreed upon by the Parties, each Party shall designate a mediator and those mediators shall select a third mediator who shall act as the neutral mediator of the Parties’ dispute. If the dispute or claim is resolved successfully through the mediation, the resolution shall be documented by a written agreement executed by the Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same, and the Parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of the Contract and other rights and remedies afforded to them by law. Notwithstanding the foregoing, nothing set forth in this paragraph shall require mediation prior to commencing an action in equity seeking injunctive relief or prior to District taking action to protect the health or safety of its students or staff. All applicable statutes of limitation shall be tolled while the mediation procedures specified herein are pending, and the Parties agree to take all action, including the execution of stipulations or tolling agreements, necessary to effectuate the intent of this provision.

40. 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 Service Provider have executed and delivered this agreement for Service Provider services as of the date first written above. “District”
Oxnard School District,
a California public school district
By:

Lisa A. Franz, Director, Purchasing
57 After School Program Services Agreement
-19-
“Service Provider”

CITY OF OXNARD
☐John C. Zaragoza, Mayor1 Date
☐Jennifer Yates, Purchasing Manager2
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. 58 Re: Proposal: Oxnard School District Expanded Learning Opportunity Program Proposal FOR 2024-2025
Please accept this proposal from the City of Oxnard’s Recreation & Community Services Division (RCSD) for the Oxnard School District Expanded Learning Opportunity Program. The RCSD is determined to expand its trajectory of success in being a dependable, consistent, and active partner in helping to close the achievement gap and maintaining strong relationships with families, educational institutions, and scholars. Grounded in the celebration and capitalization of the value inherent in the cultural capital that every student possesses, an appreciation for the unique learning styles of every student, and community-based partnerships, the RCSD will continue to intentionally foster holistic student development and growth, academic excellence, and ultimately seek to realize the potential of every well-rounded scholar.

Through our Oxnard Scholars After School Program (OSASP), in alignment with existing best practices as outlined by the Oxnard School District (OSD), and in collaboration with the unique needs of every school, the RCSD ambitiously seeks to help provide every student the additional support necessary to successfully compete academically. This will be achieved through seamless and educationally enriching experiences that challenge and support the stimulation of critical thought, and self-efficacy, provide a safe and supportive environment, and meet every scholar's social and emotional needs. Through our partnership, we can continue to bridge the connection between our scholars' personal and academic lives.

The RCSD looks forward to continuing working collaboratively with the Oxnard School District and its stakeholders to give every scholar an excellent program that meets each school’s 59 particular academic and social needs. chance to achieve their personal and academic success.

Thank you kindly for your consideration of this request to continue to be integral partners in closing the achievement gap.

AGENCY ORGANIZATION

Agency Description

The Recreation & Community Services Division has a successful history of working in network partnerships with local businesses, governmental agencies, and community-based organizations to facilitate and “create community” through effective programming and services. Our comprehensive network will leverage direct resources as well as provide a significant amount of in-kind contributions from the RCSD and a number of its service providers. The RCSD has significant experience and a professional history of providing excellent services to families in Oxnard. Maintaining an excellent reputation in providing highly effective services, fulfilling contractual responsibilities, and efficiently and objectively achieving or exceeding benchmarks or goals are points of pride for the RCSD. Furthermore, the RCSD’s successful history of program administration and management of multiple collaborations, and successful evaluation and oversight has resulted in consistently meeting or exceeding program goals. Recently, our Oxnard Scholars After School Program (OSASP) received the inaugural Leaders in Eating and Activity Practices (LEAP) Award at 4 after school sites through our partnership with Ventura County Public Health.

PROJECT TEAM

Oxnard Scholars is managed and administered by a team of youth development practitioners 60 with extensive experience in successful after-school program design, implementation, monitoring, and tracking. Below you will find an outline of the project team including the project manager, administration, site-level staff, and additional support.

Program Manager

Cultural & Recreation Services Supervisor, who possesses administrative, management, and programming development experience in the RCSD, will be the Program Manager and serve as the primary contact with the District throughout the project year.

Administration

3 Cultural & Recreation Services Analysts will serve as the project administration team and supervise the site-level program staff. These individuals will manage the RCSD’s after school program obligations and community programs targeting youth and their families, providing educational and recreational support to Site Specialists, assist with program development, implementation, supervision, evaluation, and fiduciary oversight.

Site Level Staff (Per Site)

All current and future site-level staff directly supervising students will meet the minimum qualifications, hiring requirements, and procedures for a Para-Educator in the OSD. Every program will maintain a pupil-to-staff ratio of no more than 20 to 1. Each school will include the following site level staff:

Recreation Specialist (Site Coordinator): The site specialist works in a full-time capacity and will be responsible for the day-to-day operations of the program including tracking attendance, direct supervision of program instructors, providing onsite staff coaching, planning meetings with 61 the academic liaisons and principals, scheduling parent and teacher sessions to celebrate the accomplishments of students and generate ideas to improve the academic needs of students.

Program Instructors (Math, Literacy, Engineering, Art and Recreation): With fidelity, the program instructors will lead lessons/activities, serve as role models, engage students, and support a culture and climate within the program that is conducive to an academically rich, motivating, safe environment for the students to learn.

Recreation Aides In partnership with the Oxnard Union High School District, we will hire high school juniors and seniors with an interest in youth development and education. These students will be partnered with an After School Program Instructor at all times and will assist in the implementation of daily activities. This portion of the program will also serve as a developmental and training opportunity for future hiring of instructors upon graduation from high school.

Sports

The Oxnard Scholars After School Program (OSASP) includes the school athletics program as part of the daily after school activities at all 20 school sites. The OSASP will support 3rd-8th grade teams by providing coaches when needed. ● Staffing

○ Athletics Coordinator

○ Coaches

○ Volunteers/Assistants

Anyone interested in participating in the OSASP Athletics Program as a staff member will be required to complete and fill out a City of Oxnard employee application and will undergo all the 62 processes and procedures of becoming a City of Oxnard employee as stipulated by the City of Oxnard Human Resources (HR) Department. The City of Oxnard HR Department will have the final determination as far as who becomes an OSASP employee.

All volunteers will also be required to fill out a volunteer form and will undergo the City of Oxnard Volunteer Clearance process to participate in any athletic events as well as complete all required prerequisites as a paid employee.

Once cleared and approved by the City of Oxnard as an employee or volunteer, staff will be able to commence and participate in the OSASP Athletics Program and will follow all staff expectations as stated below.
● Staff Expectations

All approved OSASP Athletics Program Staff are required to abide by their approved schedule and will be responsible for signing in and out daily with the OSASP Site Coordinator in the site’s sign in log. Staff will also complete and be responsible for submitting their own timesheet and any other requested paperwork on time. All staff are invited to participate in all OSASP activities including special events and presentations.
○ Athletics Coordinator: will coordinate and be responsible for all teams that will participate in after school athletics including coordination of coaches, team registrations, transportation needs, inventory of equipment and uniforms, hosting tryouts, and communicating with parents in any issues that may arise with student athletes. Athletics Coordinators will conduct coach meetings to follow up with all coaches and to ensure all expectations are being met by students, coaches, and volunteers. In addition, the Athletics Coordinator will communicate 63 with the OSASP Site Coordinator regarding attendance, behavior issues/discipline, incidents, and needs of the teams and will ensure that students will abide by the requirements of the after school program. ○ Coaches: will be responsible for checking in daily with the OSASP Site Coordinator and will pick up their team from the designated after school program sign-in area. At the end of the program, coaches will walk their entire team back to the sign out area. During program hours, coaches will be responsible for all students on their team including behavior and discipline while dressing out and practicing. Coaches are invited to help with homework hour if scheduled ahead of time. During games, coaches will be responsible for all students and will ride on the bus or city vans to and from game locations. Coaches will be responsible for signing out of students and for respecting all property during games. Coaches may also refer to the City of Oxnard Youth Sports Supplemental Rulebook for detailed expectations of coaches. Violations of these expectations can result in removal from the position.

● Compensation

○ Athletic Coordinators – will be hourly employees working an average of 20 hours per week the entire school year. Additional hours worked will need prior approval from OSASP Management. The bi-weekly payroll schedule will be followed. Athletic Coordinators will be required to keep an hourly time log and will also complete their timesheet on a bi-weekly basis. 64 ○ Coaches - will be hourly employees and will work a maximum of 9-15 hours per week for the entirety of the season. Additional time will be allowed for games outside of normal scheduled working hours. Coaches will follow the bi-weekly payroll schedule. Prior approval of the work schedule will be required. Coaches will provide a weekly schedule to the OSASP Site Coordinator, Athletics Coordinator, and OSASP management if the schedule varies from week to week.

City Corps Community Service Learning Team: The City Corps Team will provide teams for the community service-learning component via the Jr. City Corps program at all 6th-8th grade serving school sites.

Police Activities League: The Police Activities League Team will provide ongoing services as part of the youth development strategies via the Youth Directors Council (YDC) at all 6th-8th grade serving school sites.

Plan to Hire, Maintain, and Substitute Staff

Although current internal candidates will be considered for promotion to expeditiously capitalize on our department’s strengths and foster professional development, the RCSD has a proposed plan and timeline for hiring staff.
65 Plan to Hire Staff

The RCSD will continue to actively recruit and hire After School Program Instructors for the Oxnard Scholars After School Program. Below you will find an outline of the ongoing recruitment process consisting of social media posts, job fairs, and flyering at local colleges as well as frequently attended locations to post on announcement boards such as Starbucks and Blenders. Interviews are scheduled biweekly to have a steady flow of applicants. As employees are hired, positions are filled at sites for the core subject areas such as Math, Literacy, Art, Engineering, and Recreation. In addition, a Jr. Recreation instructor will be placed at each school site to increase the site staff support and function as a substitute when other instructors are out, as well as filling in as a sports coach as needed.

Job Posting/Outreach

● Social Media

○ Facebook

○ Instagram

○ X

● Job Fairs
○ Ventura Chamber of Commerce

○ California State University Channel Islands

○ Local Community Colleges

● Recruitment Partnerships
66 ○ Oxnard Union High School District

■ Pacifica High School- TECA

■ Hueneme High School- YES Academy

● Job Search Websites
○ City of Oxnard

○ Indeed

○ Government Jobs

○ Ventura County Community College District

○ Jobsearcher.com

○ ZipRecruiter.com

○ Job flyer shared with district staff for distribution through the Oxnard School District

Hiring Overview

● Assess existing staff to fill needs and potential advancement/promotion ● Begin rigorous search/marketing of available positions

● Conduct interviews for After School Program Instructors, Recreation Aides, and Substitutes
● Inform applicants of the hiring status

● If chosen for the position, applicants will complete program prerequisites

● Submit the completed City Personnel Action Form (PAF) to the City’s HR department

● Conduct background screenings, including DOJ clearance, and drug test

● Inform approved applicants of the status

● Develop school site teams
67 ● Total anticipated length of time

Hiring Process

● Interviews will be held every other Monday and alternating Wednesdays within the timeframe of 1:00 pm-5:00 pm.
● Email candidates moving forward with the next steps by the close of business.

○ The email will request proof of a completed college degree or completion of 48 college units and negative TB test results.
● Candidates who do not meet the minimum education requirement of successful completion of 48 college units will be scheduled to take a ParaPro exam. 2.5 hours will be allotted.
● Personnel Action Forms (PAF) will be created and sent to HR for candidates moving forward in the hiring process.
● Background checks and Livescan paperwork will be provided by HR to candidates who have completed the program’s hiring prerequisites.
● HR will set up an orientation for candidates every 2 weeks at the beginning of the City’s pay period cycle.
● Once HR orientation is complete, the employee will attend program orientation that clearly outlines program policies, procedures, rules and expectations, etc.

Plan to Maintain Staff

The RCSD will align with the OSD’s professional development plan as follows:
68 ● Professional Development for All Staff

○ Fall Training Topics will include: Mandated reporting, CPR/First Aid, policies and procedures, behavior management, classroom discipline, conflict resolution, ethical
responsibilities of youth leadership, anti-bullying strategies, positive reinforcement, English Learner strategies, and other topics to align the after school program with the regular day (6-8 hours)

○ Ongoing all-staff professional development will be held every quarter. This will include youth development workshops in areas of: including students in program planning, leadership development, character building, project based activities, and building relationships with youth (4-6 hours)
● Participate in the OSD’s literacy and math training offerings.

○ Participate in two full trainings before the start of the school year (4-6 hours) and monthly trainings to receive lesson plans and materials for the upcoming month (2 hours)
○ Homework staff (in partnership with Academic Liaison)

■ Participate in monthly trainings to introduce pacing
guides, grade level standards, hands on learning
activities, homework forms, incentive programs, and
centers (2 hours)
69 ● Enrichment Instructor

○ Participate in monthly training to introduce project based, hands on lessons in areas of science, technology, visual arts, career development, community service learning, music, and other culturally enriching activities based on student’s needs and interests (2 hours)
● Recreation Instructor

○ Participate in ongoing bi-monthly meetings (1 hour) and ongoing training in topics such as California P.E. Standards and Administration of:
■ SPARK (Sports, Play Active, Recreation, for Kids),
Health, Fitness & Nutrition Education from Children’s
Power Play! Campaign- Ventura County Public Health,
and Nutrition and Physical Activity Tool Box
Community Educators Training (Ventura County
Public Health) (3-4 hours per month)
● Site Coordinators

○ Attend ongoing bi-monthly meetings (1 hour)

○ All staff will also be required to complete professional development via online training and will be able to participate in any other OSD/Region 8 Training
○ Attend Boost Conference
70 ○ California Afterschool Network (CAN) training opportunities

■ Site Coordinator Symposium

■ Continuous Quality Improvement (CQI)

Staff Coverage Plan

The RCSD will have substitute instructors available for coverage when regular staff is absent.

Special Strengths – Understanding our Community

Partnerships
In relation to professional development, the RCSD has also partnered with the Ventura County Public Health, Champions for Change Network for a Healthy California, to provide staff with training opportunities in health, fitness, and nutrition education. The City has also used a variety of agencies and resources to provide ongoing training throughout the year including the California Afterschool Network (CAN), Sports, Play and Active Recreation for Kids (SPARK), and California Parks and Recreation Society (CPRS). Program Administration also attends the Best Out of School Time (BOOST) Conference annually.

During the 2021-2022 academic year, the Oxnard Scholars After School Program began a partnership with our City’s water division to include after school program students in the Water Wise art competition. Oxnard Scholars After School Program students shared their creative water-saving ideas through the art contest. Many talented students participated in the contest and it is a partnership that continues to this day. First place artwork is displayed on five of the City’s recycling trucks until the end of each contest year. The Oxnard Public Library — Main Library 71 also features a display of the winning artwork each May in recognition of Water Awareness Month.

In addition to the Water Wise art contest, students in the program participate in the City’s annual Fall Festival and Insect Festival art contest where their art is displayed for festival attendees to vote on the best artwork. Art programs and special projects are not to replace Literacy or Math curriculums.

Meeting Grant Assurances, District, and Site Goals

To meet grant assurances and district and site goals, the RCSD will ascribe to the recommended approaches as stated by California Department of Education Expanded Learning Division.

Specifically, the pillar of accountability will include compliance with outcome reporting requirements, categorical program monitoring, certified grant assurances, and fiscal audits. All programs will be
research-based, linked to the instructional day, and will provide quality opportunities for active student engagement and holistic development. Furthermore, the collaboration pillar will include the development of collaborative Professional Learning Communities that will focus on fostering a learning and collaborative culture, be outcome driven, engage in action experimentation, and collective inquiry.

Employee Evaluation Process

To exercise accountability for ensuring quality control and accountability, the RCSD will implement the employee evaluation process as denoted briefly below:
● Site visits conducted by program management

○ Conduct conversations with staff

○ Observe all staff and all program components

○ Implement site visit goals
72 ○ Make personal connections with personnel at the site, and encourage reflection, provide feedback, collect snapshots of data, support accountability and planning, and identify issues critical to the site during the visit to allow local personnel to address them
○ ASP Quality Self-Assessment Tool

■ Utilize formative assessment observation form to conduct an assessment

● Site Specialists will conduct daily class visits to ensure quality control and efficiency, and ensure that assurances are being met
○ Use of Employee evaluation form and provide technical assistance in areas needed
● Continuous Quality Improvement - Quality Standards for Expanding Learning in California
Statement of Independence

The RCSD agrees with the OSD’s Agreement for Consulting Services, Section 11 which references the RCSD shall always remain a wholly independent contractor and not an officer, employee, or agent of the District.

RCSD’s PROGRAM DESCRIPTION

Vision Statement

We create community through people, parks, and programs.

Mission Statement

To provide affordable recreational, physical, and cultural opportunities for all Oxnard residents 73 with a focus on families, youth development, and building healthy communities. The programs and services offered by the department will provide excellent value, and quality, and emphasize the equitable distribution of resources throughout the RCSD. The RCSD offers these programs in safe, attractive, and well-maintained facilities that will reflect the public needs and interests.

The implementation of the program in Oxnard School District will seek to align with the Oxnard School District Strategic Plan and Student Profile.

Program Design and Delivery for Oxnard Scholars

The RCSD will consist of two elements, as outlined by the OSD below, in collaboration with institutional principals and staff to ensure that they are integrated with the site’s curriculum, instruction, and learning support activities. ● An educational and literacy element will provide 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. A broad range of activities may be implemented based on local student needs and interests. ● The educational enrichment element must offer 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 might involve the visual and performing arts, music, physical activity, health/nutrition promotion, and general recreation; career awareness and work preparation activities; community service-learning; and other youth development activities based on student needs and interests. Enrichment activities may be designed to enhance the core curriculum.

Program Operations Delivery

Per legislative expectations, all elementary school participants will participate in the full day of 74 the after school program daily. To allow for a student-centered program that meets the needs and interests of students and program goals, middle schools will implement a flexible schedule.

Specifically, students may have three days within nine hours. The program will remain operational five days per week and three hours per day on every regular school day. The program will begin after the regular school day and will end no earlier than 6:00 p.m. ● The K-5 programs will serve approximately 100 students daily while the K-8 and middle school programs will serve 120
● The K-5 programs will enroll approximately 120 students and the K-8 and middle school programs will enroll 140 to ensure the average daily attendance ● The program will provide a waiver/release of liability outlining expectations to parents and will require parent signatures for participation, photo, video, physical activity, treatment, and permission for the RCSD to receive and use information from the OSD ● The program will leave the space provided for use in the same or better condition than found at the start of the program hours
● The program will lead the distribution of a super snack that conforms to nutrition standards as established by the district’s Child Nutrition Services ● The program will provide a safe physical and emotional environment and opportunities for relationship-building and promote active student engagement ● The program will provide opportunities for community engagement through events and activities through the City of Oxnard such as Fun Fest, RockN2Sports, and other seasonal events.
● The program will provide a 9 hour day on 30 non-School Days. ● The program will work with enrichment agencies to deliver a the program to students.
75 Program Schedule

4 Rotation Schedule (sample that may be adjusted to meet the needs of the program)

Block Schedule for Engineering

76 Block Schedule for 6th-8th grade instruction at K-8 Schools

EXAMPLES OF RELEVANT PROJECTS

2011-Present Students and Schools Served

For the past 12+ years, RCSD has provided after school programs through the Oxnard Scholars After School Program for 17 elementary and 3 middle schools serving students in grades 1st-8th.

Additionally, the program has developed and coordinated the athletic program at the 3 middle schools as an after school program that has increased attendance and this year has expanded to all 20 school sites, serving grades 3-8. Overall, the RCSD supports the enrichment and development of approximately 2,200 students daily.
77 2011-2024 Schools Served
School Address Principal Telephone

Brekke
1400 Martin Luther King Jr
Drive
Oxnard, CA 93030

Cheri Scripter

805-385-1521

Cesar Chavez
301 North Marquita Street
Oxnard, CA 93030

Bertha Anguiano

805-385-1524

Curren
1101 North F Street
Oxnard, CA 93030

Pablo Ordaz

805-385-1527

Driffill
910 South E Street
Oxnard, CA 93030

Javier Tapia

805-385-1530

Elm
450 East Elm Street
Oxnard, CA 93033

Christina Fernandez

805-385-1533

Frank
701 North Juanita Avenue
Oxnard, CA 93030

Tyler Higa

805-385-1536

Fremont
1130 North M Street
Oxnard, CA 93030

David De Los Santos

805-385-1539

Harrington
451 E.Olive Street
Oxnard, CA, 93033

Rosaura Castellanos

805-385-1542

Kamala
634 West Kamala Street
Oxnard, CA 93033

Brian Blevins

805-385-1548

Lemonwood
2001 San Mateo Place
Oxnard, CA 93033

Allison Cordes

805-385-1551

Dr. Manuel M. Lopez
647 West Hill Street
Oxnard, CA 93033

Genaro Magana

805-385-1545

Marina West
2501 Carob Street
Oxnard, CA 93035

Elva Gonzales-Nares

805-385-1554

Marshall
2900 Thurgood Marshall
Drive
Oxnard, CA 93036

Chantal
Anderson-Witherspoon

805-385-1557

McAuliffe
3300 West Via Marina
Avenue
Oxnard, CA 93035

Lynn Ebora

805-385-1560

McKinna
1600 South N. Street
Oxnard, CA 93033

Erika Ragan

805-385-1563
78 Ramona
804 Cooper Road
Oxnard, CA 93030

Christina Huizar

805-385-1569

Ritchen
2200 Cabrillo Way
Oxnard, CA 93030

Nauman Zaidi

805-385-1572

Rose Avenue
220 S. Driskill Street
Oxnard, CA 93030

Diana Perez

805-385-1575

Sierra Linda
2201 Jasmine Street
Oxnard, CA 93036

Jorge Mares

805-385-1581

Juan Soria
3101 Dunkirk Drive
Oxnard, CA 93035

Amanda Kemp

805-385-1584

Program Administration

• Danaly Perez, Cultural and Recreation Services Supervisor (17 years experience)
• Olga Zavala, Cultural and Recreation Services Analyst (15 years experience)
• Ana Marquez, Cultural and Recreation Services Analyst (8 years experience)
• Candidate #3, Cultural and Recreation Services Analyst ( years

INSURANCE INFORMATION

The RCSD is self-insured under the provisions of California Law. 79 EQUAL OPPORTUNITY

Equal Opportunity Employer

The RCSD upholds the equal employer expectations as stated by the Human Resources department for the City of Oxnard. The RCSD is an Equal Opportunity Employer and welcomes applications from all qualified applicants. Oxnard does not discriminate based on race, color, religion, sex, national origin, age, marital status, medical condition, disability, or sexual orientation. Oxnard makes reasonable accommodations for the disabled. If you require special arrangements to participate in the recruitment process, you must inform the Human Resources Department in writing no later than the final filing deadline. Applicants requesting such accommodation must document their request by explaining the type and extent of accommodation required.

Estimated Cost to Deliver Programming:

80 Exhibit A-1
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EXHIBIT A-0

SCOPE OF SERVICES
PART I: LEAD AGENCY
A. Definition of Lead Age
ncy. The “Lead Agency” is responsible for providing daily after- school programming for the 180 schools days and 30 non-school days within each academic school year of the Contract as required by funding. The Lead Agency works with the program from school dism issal until closing time. The Lead Agency provides management, oversight, and coordination of all after-school programs, including recruitment, enrollment, and programming provided by Enrichment Agencies.

B. Lead Agency Responsibilities. The Lead Agency will perform the Services in accordance with the Contract and specifically agrees to perform the Services in accordance with the following requirements.

1. Enrollment.
a. Provide staffing to support program enrollment activities, including, but not limited to, school-site coordina tion, classroom and school-wide presentations/recruitment activities, documentation of active participants and maintenance of wait lists, communication with school site administration and families on up-to-date acceptance and wait lists. b. Provide ongoing enrollment support fo r enrichment bursts and special events, including, but not limited to, recruitment activities, open house, showcases, back to school nights, etc.
c. Prior to students participating in the Program, obtain signed copies of all enrollment forms required by the District and any additional forms required by the Lead Agency and provide copies of all such enrollment forms to the District. The District’s current requir ed enrollment forms are included as Attachment A.

2. Five-Day Week and Enrichment Burst Program Attendance. a. For daily five-day week program, elem entary students should participate every day the program operates.
b. For daily five-day week program, intermediate students should participate a minimum of nine hours and three days per week.
c. For enrichment bursts, students should participate according to the schedule for the activity.
d. The Lead Agency will make good faith efforts to maintain consistency of attendance with the intent to reduce the turnover in enrollment. e. The Lead Agency will take daily atte ndance to ensure student safety and attendance.
81 Exhibit A-1
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f. Early release waivers will be used for all students recurring late start or early program release (e.g., late start for tutoring and early release for catechism or sports).
g. Students who leave the program ear ly with an excused reason ( e.g., sick, doctor’s appointment) shall have it noted on the sign out sheet and have back up documentation filed with each month’s attendance. h. The Lead Agency shall agree to meet the minimum attendance required by the ELOP, ASES, and 21
st CCLC Grants, as applicable.
i. The Lead Agency shall maintain enro llment documents for the daily five day a week program and enrichment bursts.

3. Assurances. The Lead Agency assures, warrants to the District, and agrees that in the performance of the Contract, the Lead Agency shall:

a. Provide an academic and enrichment after school program in each grant funded school and ensure there are co mprehensive and holistic program offerings available for all program participants;
b. Plan the program through a collaborat ive process that includes parents, youth, representatives of participating school sites, governmental agencies, local law enforcement, community organizations and the private sector; c. Staff all activities not to exceed a 10:1 ratio for all TK and K students and 20:1 ratio for Grades 1-8;
d. Provide payroll services for Lead Agency employees;
e. Operate each program from the end of the school day until 6:00 p.m. or a minimum of 3 hours, whichever is later, every regular school day; f. When agreed upon and coordinated between Lead Agency and District, provide a program for non- school calendar days ( i.e., weekends, days, vacations);
g. Lead Agency will provide services for 30 non-school days for a minimum of 9 hours per day;
h. 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 – After School Divisi on and/or California After-School Network. Documentation needs to happen quarterly for the Federal Program Monitoring Process (FPM);
i. Assist and maintain organized information for FPM at each site, and submit documentation to the District quarterly;
j. Ensure all food offered to students c onforms to the nutr ition standards as established by the U.S. Department of Agriculture (low fat content, calories, no candy or soda). Reimbursable Snack Logs will be submitted to District Food Services to ensure proper docum entation for the State and Federal Food Program. Reporting also includes electronic input of total snacks served in Q – Food Services module.

82 Exhibit A-1
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4. Non-School-Day Activities.

a. 30 non-school days are required by the ELOP Program. b. Program shall be open for a minimum of 9 hours.
c. Transportation shall be provided if program offered off site. d. Field trips and/or any off-site activities shall follow all guidelines of a field trip as outlined in Exhibit A-1.
e. 2024-2025 Non-School-Day Schedules (subject to change) i. Summer: July 1-26, 2024 (pack out on July 29, 2024)
ii. Winter Break: January 6-10, 2025
iii. Spring Break: April 7-18, 2025

5. Trainings.

a. Lead Agency shall ensure that each and every staff person of the Lead Agency (not including those of any Enri chment Agency), as a prerequisite to and precondition of such staff person providing services to the District, has been trained in the following topics:

i. Mandated reporting
ii. Anti-harassment
iii. Sexual misconduct prevention
iv. Bullying prevention
v. Discrimination prevention
vi. Suicide awareness and reporting
vii. Classroom management
viii. Social and emotional supports
ix. Quality standards for expanded learning
x. Emergency preparedness

For avoidance of doubt, no Lead Agen cy staff person shall provide any services to the District unless and until such staff person has been trained in the foregoing topics.

b. Additionally, Lead Agency shall ensure that each and every staff person of the Lead Agency (not including those of any Enrichment Agency), as a prerequisite to and precondition of such staff person providing services to the District, has been certified in:

i. First aid, automated external defibrillator [AED], and CPR, including epinephrine admini stration (American Red Cross equivalent)

83 Exhibit A-1
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For avoidance of doubt, no Lead Agen cy staff person shall provide any services to the District unless and until such staff person has been certified in first aid, AED, and CPR.

c. Lead Agency shall ensure that all staff attend:

i. Five (5) all staff trainings on the following dates (which are subject to change): August 12 & 13, 2024; October 14, 2024; November 1, 2024; January 10, 2025 and March 3, 2025.
ii. Quarterly professional development provided by District and Lead Agency on the topics such as team building, emergency procedures, positive behavior intervention support, English learner strategies, social and emotional awarenes s and learning, school safety, Common Core State Standard s, grade level pedagogy,
communication skills and other to pics to align the after-school program with the regular day throughout the course of the academic school year.
iii. Site team meetings 1 hour every two weeks.

6. Professional Development.

a. Lead Agency – Management Only:
i. Attend Region 8 Program Directors and Network Meetings on a quarterly basis.

b. Lead Agency – All Staff (inclusive of owners, managers, and site-level staff):
i. Participate in quarterly profe ssional development provided by District and Lead Agency on th e topics of Positive Behavior Intervention Support, English Learner Strategies, technology, Depth of Knowledge and inquiry st rategies, Common Core State Standards, Smarter Balanced Assessment Consortium,
communication skills and other to pics to align the after-school program with the regular day throughout the course of the academic school year.

7. Curriculum and Activity Design.

a. The Lead Agency is responsible for developing all acti vities, including curriculum, consumable and non-consum able materials, and timelines, all in alignment with District goals, priorities, and applicable grant requirements. The Lead Agency must send its syllabi to the District in advance on a monthly basis.

84 Exhibit A-1
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b. When agreed upon in writing in advance, the District may provide the Lead Agency with curriculum training that meets the needs of the District. If the District will provide the training, then it will be as follows.

Participate in monthly trainings to receive lessons and materials for the upcoming month. Meetings will be a minimum of two hours. Lead Agency and District will coordinate trainings.

i. Professional Development – Math staff, Literacy

Participate in two full day traini ngs before the start of school conducted by District-approved prov ider as per agreement with District.

Participate in monthly trainings to receive lessons and materials for the upcoming month. Training will be two hours.

ii. Professional Development – Literacy
Participate in two full day traini ngs before the start of school conducted by District-approved prov ider as per agreement with District.

Participate in monthly trainings to receive lessons and materials for the upcoming month. Training will be two hours.

iii. Professional Development – Arts/Special Enrichment staff

Participate in monthly trainings offered by Dist rict, District- approved provider, and/or Servi ce Provider. Training will be between 2 and 4 hours a session.

Provide enrichment that meets the goals as stated in the District After School Education and Safety Program Plan.

iv. Professional Development – Physical Fitness/Recreation Staff

Participate in monthly trainings as offered by the Service Provider.

Training topics include, but are not limited to, physical fitness, self- esteem, and nutrition.

PART II: ENRICHMENT AGENCY

A. Enrichment Agency. Each “Enrichment Agency” will provide specific types of enrichment programs (e.g., arts, robotics, or sports) in accordance with its area of expertise. An Enrichment 85 Exhibit A-1
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Agency may provide such enrichment activities for a limited period of time (such as Tuesday and Thursday afternoons, or on non-school days during winter, spring, or summer breaks, during the full fiscal year).

B. Enrichment Agency Responsibilities. The Enrichment Agency will perform the Services in accordance with the Contract and specifica lly agrees to perform the Services in accordance with the following requirements.

1. Enrollment.

a. Provide ongoing enrollment support fo r enrichment bursts and special events, including, but not limited to, recruitment activities, open house, showcases, back to school nights, etc.
b. Prior to students participating in the Program, obtain signed copies of all enrollment forms required by the District and any additional forms required by the Lead Agency and provide copies of all such enrollment forms to the District. The District’s current enrollment forms are included as Attachment A.

2. Five-Day Week and Enrichment Burst Program Attendance.

a. For daily five-day week program, elem entary students should participate every day the program operates.
b. For daily five-day week program, intermediate students should participate a minimum of nine hours and three days per week.
c. For enrichment bursts, students should participate according to the schedule for the activity.
d. The Enrichment Agency will make good faith efforts to maintain consistency of attendance with the intent to reduce the turnover in enrollment.
e. The Enrichment Agency will take daily attendance to ensure student safety and attendance.
f. Early release waivers will be used for all students recurring late start or early program release (e.g., late start for tutoring and early release for catechism or sports).
g. Students who leave the program ear ly with an excused reason ( e.g., sick, doctor’s appointment) shall have it noted on the sign out sheet and have back up documentation filed with each month’s attendance. h. The Enrichment Agency shall agre e to meet the minimum attendance required by the ELOP, ASES, and 21
st CCLC Grants, as applicable.
i. The Enrichment Agency shall maintain enrollment documents for the enrichment bursts.

3. Assurances. The Enrichment Agency assures, warrants to the District, and agrees that in the performance of the Contract, the Enrichment Agency shall:
86 Exhibit A-1
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a. Provide an academic and enrichment after school program in each grant funded school and ensure there are co mprehensive and holistic program offerings available for all program participants;
b. Plan the program through a collaborat ive process that includes parents, youth, representatives of participating school sites, governmental agencies, local law enforcement, community organizations and the private sector; c. Staff all activities not to exceed a 10:1 ratio for all T-K and K students and 20:1 ratio for Grades 1-8;
d. Provide payroll services for Enrichment Agency employees; e. Operate each program from the end of the school day until 6:00 p.m. or a minimum of 3 hours, whichever is later, every regular school day; f. When agreed upon and coordinated between Enrichment Agency and District, provide a program fo r non-school calendar days ( i.e., weekends, days, vacations);
g. Enrichment Agency may provide serv ices for 30 non-school days for a minimum of 9 hours per day;
h. 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 – After School Divisi on and/or California After-School Network. Documentation needs to happen quarterly for the Federal Program Monitoring Process (FPM);
i. Assist and maintain organized information for FPM at each site, and submit documentation to the District quarterly;
j. Ensure all food offered to students c onforms to the nutr ition standards as established by the U.S. Department of Agriculture (low fat content, calories, no candy or soda). Reimbursable Snack Logs will be submitted to District Food Services to ensure proper docum entation for the State and Federal Food Program. Reporting also includes electronic input of total snacks served in Q – Food Services module.

4. Non-School-Day Activities.

a. 30 non-School Days are required by the ELOP Program. b. Program shall be open for a minimum of 9 hours.
c. Transportation shall be provided if program offered off site. d. Field trips and/or any off-site activities shall follow all guidelines of a field trip as outlined in Exhibit A-1.
e. 2024-2025 Non-School-Day Schedules (subject to change) i. Summer: July 1-26, 2024 (pack out on July 29, 2024)
ii. Winter Break: January 6-10, 2025
iii. Spring Break: April 7-18, 2025

5. Trainings.
87 Exhibit A-1
page 8

a. Enrichment Agency shall ensure each and every staff person, as a prerequisite to and precondition of such staff person providing services to the District, has been trained in the following topics:

i. Mandated reporting
ii. Anti-harassment
iii. Sexual misconduct prevention
iv. Bullying prevention
v. Discrimination prevention
vi. Suicide awareness and reporting
vii. Classroom management
viii. Social and emotional supports
ix. Quality standards for expanded earning
x. Emergency preparedness

All Enrichment Agency staff providing services to the District must take the District’s training courses, which are available through an online training management system, for each of the above topics.

For avoidance of doubt, no Enrichment Agency staff person (including volunteers) shall provide any services to the District unle ss and until such staff person has been trained in the foregoing topics.

b. Additionally, Enrichment Agency shall ensure that each and every staff person, as a prerequisite to and precondition of such staff person providing services to the District, has been certified in:

i. First aid, AED and CPR, includi ng epinephrine administration, equivalent to American Red Cross

For avoidance of doubt, no Enrichment Agency staff person shall provide any services to the District unless and until such staff person has been certified in first aid, AED and CPR.

c. Enrichment Agency shall ensure that all staff attend:

i. Five (5) all staff trainings on the following dates (which are subject to change): August 12 & 13, 2024; October 14, 2024; November 1, 2024; January 10, 2025 and March 3, 2025.
ii. Quarterly professional developm ent provided by Di strict, Lead Agency, and Enrichment Agency on the topics such as team building, emergency procedures, positive behavior intervention support, English learner strategies, social and emotional awareness and learning, school safety, Common Core State Standards, grade 88 Exhibit A-1
page 9

level pedagogy, communication skills and other topics to align the after-school program with the regular day throughout the course of the academic school year.
iii. Site team meetings 1 hour every two weeks.

6. Curriculum and Activity Design.

a. The Enrichment Agency is responsible for developing all its enrichment activities, including curriculum, consumable and non-consumable material, and timelines, all in alignment with District goals, priorities, and applicable grant requirements. The Enrichment Ag ency must send its syllabi to the District in advance on a monthly basis.

b. When agreed upon in writing in advan ce, the District may provide the Enrichment Agency with curriculum training that meets the needs of the District.

PART III: HUMAN RESOURCES (HR)/RISK MANAGEMENT

The Lead Agency and each Enrichment Agency must comply with the following risk management requirements.

A. Provide background clearance through the police department and TB clearance pursuant to Education Code sections 8483.4, 8484.75 and 49406(a) and provide monthly reports of all employees who have received clearance for employment.

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

C. Clear outside contractors and events through the District HR Department. This shall occur at least 30 days prior to service or event.

D. Clear all activities and enrich ment 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.

E. 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.

F. Participate in school-wide emergency drills and learn the protectiv e procedures at each school site.

PART IV: MISCELLANEOUS SERVICE PROVIDER RESPONSIBILITIES

The Lead Agency and each Enrichment Agency must comply with the following responsibilities:

A. Report attendance and activities weekly by We dnesday of each week for the previous week.

B. Work with District to establish and maintain partnerships with community agencies. 89 Exhibit A-1
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C. Provide student learning and enrichment materials above and beyond materials already purchased by District.

D. Participate in collaboration activities with other participating organizations.

E. Vacate learning areas within each school in th e same or better conditions as they were found.

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

G. Include feedback from the after-school admini strator and site principal when evaluating employees.

H. Meet weekly with District administrator.

I. Provide documentation of matching funds.

J. Operate the Program in accordance with the conditions set forth in this Exhibit A-0, Exhibit A-1, and Exhibit A-3.

K. Operate the Program in accordance with the conditions set forth in Exhibit A-2, if applicable.

L. Report any unsafe physical conditions of the facilities or grounds in the after-school activity areas to the District program administration immediately.

M. Comply with all applicable District Board of Trustee policies, including, but not limited to, the District’s policies regarding tobacco-free schools, firearms on school grounds, drug and alcohol-free workplace, and dress and grooming.

PART V: DISTRICT RESPONSIBILITIES

The District agrees to:

A. Provide consistent, adequate, and safe space for after school groups and activities after school each day in the schools with Core Grants (including classrooms, cafeteria, restrooms, and playground);
B. Provide a District administrator to coordinate and collaborate with the Lead Agency’s and Enrichment Agency’s program coordinator;
C. Provide a staff member to help create an academic link between the after-school program and the regular school day—reporting language arts and math assessment results to the after-school program and repor ting the after-school results to the regular classroom teachers;
D. Provide professional development to aid in the aligning the after-school program with the regular school day (math, lite racy, arts/special enrichme nt, and physical fitness and nutrition);
E. Provide consistent access to campus classrooms and necessary facilities; 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 to mark attendance;
90 Exhibit A-1
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K. Notwithstanding Lead Agency’s and Enrichme nt Agency’s obligations contained in Exhibit A-3, administer medication to students participating in Program in compliance with federal and California law;
L. Perform those actions set forth in Exhibit A-3.

PART VI: TANGIBLE WORK PRODUCTS

As part of the Services, Lead Agency and En richment Agency will prepare and deliver the following tangible work products to District:

A. Certificates of insurance and additional insured endorsements for 2024-2025, as described in Exhibit C, or a letter evidencing particip ation in an alternative risk management program, including participation with other public agencies in mutual, cooperative, or risk management programs available through joint exer cise of powers agencies, to the extent that such alternative risk management progr am affords reasonable coverage for the risks contemplated hereunder giving consideratio n to similar programs or plans adopted by public entities in the State of California;
B. Evidence that employees meet the qualifications of a paraeducator as defined by District; C. Monthly employee list certifying all employees have cleared TB and fingerprint screenings and complied with all training requirements;
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 Lead Agency and Enrichme nt Agency employees and volunteers have complied with the professional development a nd training requirement s required by this Agreement.

G. Copies of all enrollment forms for each student participating in the Program.

PART VIII: PERSONNEL

Lead Agency and Enrichment Agency shall provide a staff roster prior to the commencement of Services and anytime that there is an update in staff.

PART IX: SUBCONTRACTORS

Lead Agency and Enrichment Agency will utilize the following subcontractors to accomplish the Services (check one):

None.

See attached list.

PART X: AMENDMENTS

91 Exhibit A-1
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The Scope of Services, including services, work product, and personnel, are subject to change by mutual agreement. In the absen ce of mutual agreement regarding the need to change any aspects of performance, Lead Agency and Enrichment Agency shall comply with the Scope of Services as indicated above.

92 Exhibit A-1
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EXHIBIT A-1

For the purposes of this Exhibit A-1, Lead Agency and Enrichment Agency are referred to as “Service Provider,” and the below obligations shall apply and pertain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract. Service Provider agrees to operate the after- school program (the “Program”) in accordance with the following general provisions:

1. Field Trips. Service Provider may offer Program field trips, provided that Service Provider obtains advance authorization fr om District, obtains advance written parent/guardian authorization, and complies with tran sportation policies approved by District. Service Provider shall use th e District’s then-current permission, release, and waiver forms. The District’s presently existing forms are included as Attachment A. All field trip transporta tion requires advance authorization by the District.

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

3. Late Pick Up Policy: Service Provider shall develop a reasonable late pick-up policy. The policy must be in writing and approved in advance by District. If Service Provider 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, Service Provider’s staff shall call the emergency contacts for that student. If Service Provider’s staff person has not been able to reach the student’s authorized adult within twenty (20) minutes past closing time, Service Provider shall contact the Pr ogram director, the police, and social services for assistance. Service Provi der is fully responsible for properly implementing the policy. Irrespective of whether Service Provider develops and implements an approved late pick-up polic y or adopts the polic y set forth herein, Service Provider warrants that at least tw o (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 n ecessary, the police and social services. For avoidance of doubt, (a) the Lead Agency shall maintain primary responsibility for compliance with the late pick up policy, (b) a Lead Agency staff person shall remain on-site to comply with the late pick up policy, a nd (c) the Lead Agency may require an Enrichment Agency staff person to remain on site as the second staff person.

4. Reportable Incidents:

a. Service Provider shall immediately notify the District by telephone of any heath- or safety-related issues, includi ng, but not limited to, the death of a child from any cause; any injury to a child th at requires medical treatment; any unusual 93 Exhibit A-1
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incident or child absence that threatens the physical or emotional health or safety of a child; any suspected child abuse or neglect; epidemic outbreaks, poisonings; fires or explosions that occur in or on th e premises; exposure to toxic substances; an arrest of the Service Provider’s em ployee; any issues involving criminal background clearances for employees; an y building safety i ssues. The Service Provider shall provide a written report of the incident to the District within 24 hours of the event.

b. If Service Provider 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 Service Pr ovider shall comply with all mandated reporting requirements under California law. Service Provider shall inform District immediately by telephone and shall also provide a written report of the circumstances to District within twenty -four (24) hours of becoming aware of the circumstances. Service Provider assures District that all Service Provider staff members, including volunteers, are familiar with child and dependent adult abuse reporting obligations and procedures under California law.

5. Disasters/Emergencies:

a. Service Provider shall develop a reasonable disaster/emergency policy. The policy must be in writing and approved in advance by District. If Service Provider fails to provide a reas onable disaster/emergency policy, the District’s emergency/disaster policy shall apply. Se rvice Provider is fully responsible for properly implementing the policy, including but not limited to ensuring that all staff members at each site are appropriately tr ained in the policy, maintaining at least two (2) staff members at each site who ar e CPR trained, and confirming that staff members are properly instructed to access disaster preparedness kits.

b. Additionally, Service Provider acknowledges, understands, and agrees that in the event of any natural, manmade, or war-caused disast er or emergency, District’s employees are declared “dis aster service workers” tasked with performing such disaster serv ice activities as may be assigned to them by their superiors or by law. Further, Servic e Provider acknowledg es, understands, and agrees that any such disaster or emergency occurs during the Program, the Service Provider’s on-site staff shall be required to remain on the premises to assist District employees and any other disaster service workers in the protection of lives and property until such time that the Service Pr ovider’s staff is relieved from duty by the District or replaced by another Service Provider staff person.

6. Unauthorized Persons: In the event that Service Provider’s staff discovers that any unauthorized person (including but not limite d to minors who are not enrolled in the Program and not otherwis e entitled to be on Distri ct property; unauthorized adults, including parents who are forbidden by court order from accessing students; 94 Exhibit A-1
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and any other trespassers) is on District’s property during the operation of the Program, Service Provider’s staff shall take immediate action to ensure the safety of all Program students, including, as necessary, seeking assistance from local authorities. Service Provider’s staff shall immediately notify program management 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: Service Provider’s use of District facilities and equipment shall be limited to those uses reasonably necessary for the operation of the Program. Service Provider shall use Di strict’s facilities and equipment with care, leaving each space clean and organi zed at the end of each Program day.

Service Provider shall not permit any thir d parties not affiliated with the Program to use District’s facilities and equipment. Service Pr ovider shall, at its own cost and expense, replace or re pair any District facilitie s or equipment damaged by Program staff or participants, or third parties that Service Provider permitted to use the facilities or equipment. Service Provider shall not make or allow any alterations, installations, additions, maintenance, or improvements in or to District facilities without District’s prior written consent, which may be withheld in District’s sole discretion. If District approves a request, Service Provider may perform the work at its sole cost and expense and the improvement, maintenance or other agreed-upon servic e on District property shall immediately become the property of District.

95 Exhibit A-2
page 1

EXHIBIT A-2
SPORTS – HEALTH AND SAFETY

For the purposes of this Exhibit A-2, Lead Agency and Enrichment Agency are referred to as “Service Provider,” and the below obligations shall apply and pertain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract. Service Provider agrees to opera te any and all sports within the Program in accordance with the following provisions.

1. General Requirements for Service Provider’s Program Coaches.

a. Satisfaction of Program staff requirements. Service Provider agrees that its coaches, paid and unpaid, shall satisfy the require ments for all Program staff, including, but not limited to, requirements pertaining to empl oyee qualifications, expe rience, and background checks.

b. Additional requirements. Service Provider further agrees that, prior to coaching a Program sport, its coaches shall have tr aining that includes development of coaching philosophies consistent with District goals ; basic knowledge of sport psychology, pedagogy, physiology, and management; training in CPR, AED, and first aid; and general information about statewide rules and regulations re garding, at minimum, eligibilit y, equity, and discrimination.

Moreover, as set forth in more detail below, Serv ice Provider’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 aure us, performance enhancement drugs, and event emergencies. Service Provider shall have satisfied these requirements if Service Provider provides its coaches with the information provided in the exhibits to this Agreement and any additional information provided by District to Service Provider.

2. General Requirements for Student Eligibility in Program Sports.

a. Medical clearance. Service Provider 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 (i.e., a medical doctor [MD], doctor of osteopathy [DO], nurse practitioner [NP] or physician assistant [PA]) who is fully li censed in the State of California. The medical clearance shall be pursuant to a physical exam w ith 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 trai ning activities. Service Provid er may provide students with or otherwise require students to utilize the Pr eparticipation Physical Evaluation form and accompanying Clearance form, prepared by the California Interscholastic Federation (“CIF”), and attached hereto as Exhibit A-2(i) (or any upda ted forms). Within 48 hours of collecting any medical clearance, Service Provider shall provide such medical clearance form(s) to District. For avoidance of doubt, Service Provider shall not be responsible for the accuracy, sufficiency, or completeness of any medical clearance document(s) re quired by District pursuant to this section.

However, Service Provider shall ensure that such medical clearance forms are completed by health care providers who designate themselves as an MD, DO, NP, or PA. 96 Exhibit A-2
page 2

b. Adherence to recommendations. Service Provider agrees to require its coaches to review and abide by any and all medical re strictions and recomme ndations listed in each student’s medical clearance form. Service Pr ovider acknowledges that a student’s medical clearance may be rescinded or altered by the health care provide r due to changed conditions, in which event Service Provider agrees to be bound by the revised restrictions or recommendations.

c. Current illness or injury. For the health and safety of all Program participants, Service Provider shall permit any student who is reasonably known or observed to have an active febrile or gastrointestinal illness to participat e in Program sports until such time the affected student has recovered from the il lness and provided Service Pr ovider with a written medical clearance. Service Provider shall not permit any student who is reasonably known or observed to have an injury (except minor injuries, such as mi nor cuts or abrasions) to participate in Program sports without written medical clearance.

d. Sign In and Sign Out Sheet. Service Provider must provide a sign-in and sign- out sheet for all Program sports activities, includi ng 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. Service Provider may offer off-site sports activities, provided that Service Provider ob tains advance authorization fr om District, obtains advance written parent/guardian authori zation, and complies with transportation policies approved by District. Service Provider shall use its own perm ission, 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.

Service Provider 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, Service Provider’s coaches shall receive training on concussions and provide proof of such training to Service Provider. 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, Service Provider’s coaches shall download and print their certificate at the completion of the course, and, provide a copy of the certification to Service Provider.

ii. Service Provider’s coaches shall receive concussion training at least once a year.
97 Exhibit A-2
page 3

iii. Service Provider 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 stud ent’s parent or guardian shall review and sign a concussion and head injury information sheet. Service Provider shall provide the concussion and head injury information sheet, the form and conten t of which shall be subject to District’s prior approval. Service Provider may use the “Concussion Information Sheet” prepared by CIF, which is attached hereto in English and Spanish as E xhibits A-2(ii) and A-2(iii), respectively (or any updated forms).

ii. Students and student pare nts/guardians shall comp lete a new concussion and head injury information sheet each year.

iii. Service Provider shall make two (2 ) copies of each signed concussion information sheet. Service Provider shall return the first copy to the student’s parent or guardian.

Service Provider 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 may have sustained concussion.

i. Service Provider shall immediately re move from competition, whether in practice or a game, any student wh o is suspected of sustaining a concussion or head injury, and seek emergency medical attention for the student.

ii. Service Provider shall follow all other medical procedures in this Agreement, including, but not limited to, cont acting the student’s pa rent 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. Service Provider may re quest 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.

98 Exhibit A-2
page 4

iii. Subsequent to the student’s suspected head injury, Service Provider agrees to enforce the health care provider’s recommenda tions 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. Service Provider 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”).

Service Provider 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, Service Provider’s coaches shall receive training on SCA and provide proof of such training to Service Provider. 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, Service Provider’s coaches shall download and print their certificat e at the completion of the course, and, pr ovide a copy of the certification to Service Provider.

ii. Service Provider’s coaches shall receive SCA training at least once a year.

iii. Service Provider 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.

b. Students – requirements prior to participation.

i. As a prerequisite to a student beginning practice or competition in any Program sport, the student and th e student’s parent or guardian shall review and sign an SCA information sheet. Service Provider shall provide the SCA information sheet, the form and content of which shall be subject to District’s prio r approval. Service Provider 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 pare nts/guardians shall comp lete a new concussion and head injury information sheet each year.

iii. Service Provider shall make two (2 ) copies of each signed information sheet. Service Provider sh all return the first copy to the st udent’s parent or guardian. Service 99 Exhibit A-2
page 5

Provider shall retain the second c opy 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. Service Provider shall immediately re move from competition, whether in practice or a game, any student who exhibits fainting, which is the main warning sign of a potential heart condition. Service Provider shall then seek emergency medical attention for the student.

ii. Service Provider shall follow all other medical procedures in this Agreement, including, but not limited to, cont acting the student’s pa rent 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 clear ance 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. Service Provider 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. Service Provider agrees to maintain copies of any written medical clearances, and, upon District’s request, provide the copies to District.

5. Heat Illness.

Service Provider agrees to adhere to the following standards regarding heat illness.

a. Coaches – education about heat illness prevention. Service Provider agrees to require its coaches to obtain training about the pr evention 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. Service Provider’s coaches shall endeavor to decrease the likelihood of Program students suffe ring heat illness by taking prev entative measures, including, but not limited to:

100

Exhibit A-2
page 6

i. educating students participat ing 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 dr inks which dehydrate the body ( e.g., 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 a nd 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 e quipment in phases in order to give students time to acclimate (e.g., start with helmet, progress to helmet and shoulder pads, and finally progress to full uniform).

6. Methicillin-Resistant Staph Aureus (MRSA).

Service Provider agrees to adhere to the fo llowing standards regarding MRSA (a type of staph infection that is resistant to many common an tibiotics, and which, if left untreated, can be serious or deadly).

a. Coaches – education about MRSA. Service Provider shall take reasonable steps to ensure that its coaches are aware of the wa rning signs, risks, and tr eatment of MRSA. At minimum, Service Provider 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. Service Provider 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 student s wash their uniforms or sportswear after each use; requiring students to cover all wounds, cuts, and abrasi ons, especially during practice and competition; and ensuring that all Program sports equipment surfaces (e.g., benches, mats) are cleaned and disinfected on a daily basis, using supplies provided by District.

101

Exhibit A-2
page 7

c. Coaches – duty to inform stude nts and parents/guardians. Service Provider 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.

Service Provider agrees to adhere to th e following standards re garding performance enhancement drugs.

a. Service Provider development and implementation of policy. Service Provider shall adopt a policy prohibiting the use and abuse of steroids or other performance enhancement drugs, which policy is subject to District approv al. Service Provider 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/gua rdians shall complete a new performance enhancement drug agreement each year. Service Provider agrees to train its coaches on its District-approved performance enhancement drug policy at least once a year.

d. Copies of agreement. Service Provider shall make two (2) copies of each agreement about the drug enhancement policy. Serv ice Provider shall return the first copy to the student’s parent or guardian. Service Provider 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 requir ements 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).

102

Exhibit A-2
page 8

8. Event Emergency Guidelines.

a. Adoption of policy. Service Provider shall adopt an event emergency guideline protocol for all sporting events. The protocol shall be subject to District approval, which shall not be unreasonably withheld. Service Provider may adopt District’s event emergency protocol or use the Event Emergency Guidelines prepared by CIF a nd 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, injuri es, 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, Service Provider 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, Service Provider and District shall review and update the policy at least every two (2) years.

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Exhibit A-3
page 1

EXHIBIT A-3

ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS AND PROVISION OF

EMERGENCY ASSISTANCE

For the purposes of this Exhibit A-3, Lead Agency and Enrichment Agency are referred to as “Service Provider,” and the below obligations shall apply and pertain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract. Service Provider and District agree to operate the Program in accordance with the following requirements. Service Provider sha ll not administer any me dication 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, Dist rict shall provide emergency epinephrine and auto-injectors to school nur ses 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 life-threatening hypersensi tivity to a substance). Service Provider 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. Service Pr ovider shall at all time s maintain a designated employee and/or volunteer at all Program sites. Service Provider shall only allow its employees and/or volunteers who have received proper tr aining as set forth belo w 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 Se rvice Provider that administers an epinephrine auto-injector to a person sufferi ng, or reasonably believed to be suffering, from an anaphylactic reaction shall initiate emergency medical servi ces or other appropriate medical follow up in accordance with the training materials that District retains onsite.

b. Training of Voluntary Service Provider Employees and Volunteers.

District shall provide all designated Service Provider em ployees 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 procedur es, including calling 911 phone number and contacting, if possible, the student’s parent/guardian and physician, and (d) instruction and certification in cardiopulmonary resuscitation. Dist rict warrants that it w ill provide training that complies with CDE guidelines and requirements. In the event of a conflict between the training 104

Exhibit A-3
page 2

requirements set forth herein and in the CDE tr aining standards, the requirements in the CDE training standards shall control. District shall retain all training materials at Program sites.

2. Epinephrine Prescriptions.

For each school site, District shall obtain fr om 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 au to-injector, and for junior high schools and middle schools, if there are no pupils w ho require a junior epinephrine auto-injector, one regular epinephrine auto-injec tor. District shall be respon sible for stocking the epinephrine auto-injector, restocking it if it is used and providing access to those employees and/or volunteers of Service Provider that have volunteered to provide emergency medical aid to persons suffering or reasonably believed to be suffering from an anaphylactic reaction. Service Provider shall promptly notify District no more than forty-ei ght (48) hours after an y administration of an epinephrine auto-injector.

3. Requirements for the Provision of Emergency Assistance.

Service Provider shall at all times maintain an employee and/or volunteer at all Program sites to provide emergency assistance to any Pr ogram participant who is injured or suddenly becomes ill. Service Provider shall provide the necessary training in cardiopulmonary resuscitation (CPR), automated external defibrilla tor (AED) and first aid to its employees and/or volunteers who have volunteered to provide emergency assistan ce. Service Provider 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. Service Provider shall only allow its em ployees and/or volunteers who have received proper certificat ion to provide emergency assist ance. 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 Service Provider that provides emergency assistance shall initiate emerge ncy medical services or other appropriate medical follow up in accordance with their training.

4. Copies of Documents.

Service Provider shall maintain a copy of all health care documents and provide a copy of same to District.

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Not Project Related
Project #24-12
Exhibit B

EXHIBIT B

COMPENSATION
For purposes of this Exhibit B, Lead Agency and Enrichment Agency are referred to as “Service Provider,” and the belo w obligations shall apply and pe rtain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract.

I. The total compensation for Primary Services, including reimbursement for actual expenses, shall not exceed the amount set forth in the Agreement.

II. The total compensation for Additional Serv ices, including reimbursement for actual expenses, shall not exceed the amount set forth in the Agreement.

III. Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed the amount set forth in the Agreement.

IV. Within the grant amount, District will compensate Service Provider for Services performed upon submission of a valid invoice. Each invoice is to include:

A. Cover sheet with amount of current invoice, and totals subtracted from overall contract;
B. Monthly expenditure reports, including salaries for employees, supplies, trainings, and administrative costs, itemized by school site;
C. Monthly activity reports for each school, including trainings, lesson plans and examples of student work (Digital Format);
D. Certification that all employees, agents and contractors that will have contact with students and for whom a certification has not been previously provided: (1) have been properly fingerprinted, (2) have satisfied TB clearance, (3) are certified in first aid, AED, and CPR (including epinephrine administration), and (4) have been trained in mandated reporting; anti-ha rassment; sexual misconduct prevention; bullying prevention; discrimination preven tion; suicide awareness and reporting; classroom management; social and emo tional supports; quality standards for expanded learning; and emergency preparedness.

E. Line items for:

1. All personnel, describing: the name of each staff person and the site where the staff person worked, the work performed, the days in the program and number of hours worked, and the hourly rate;

2. All supplies properly charged to the Services;

3. All travel properly charged to the Services;

4. All equipment properly charged to the Services;

5. All materials properly charged to the Services;

6. All subcontractor labor, supplies, equipm ent, materials, and travel properly charged to the Services.

F. Calculation of matching funds.
x
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Not Project Related
Project #
Exhibit B

V. Notwithstanding anything to the contrary in this Exhibit or the Contract, equipment, supplies or other materials whose current market value exceeds $500 per item must be purchased through the District and will remain an asset of the District in accordance with Education Code section 35168.

END OF EXHIBIT B
107

EXHIBIT C

INSURANCE
For purposes of this Exhibit C, Lead Agency and Enrichm ent Agency are referred to as
“Service Provider,” and the belo w obligations shall apply and pe rtain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract.

I. Insurance Requirements. Service Provider shall, at its sole cost and expense, provide and maintain insurance, acceptable to District, in full force and effect throughout the term of the Contract, against claims for injury to persons or damages to property which may arise from or in connection with the performance of work hereunder by Service Provider, its agents, representatives or employees. Service Provider and any and all subcontractors and vendors hired by Service Provider in connection with the Services described in the Contract shall provide the following scope and limits of insurance:

A. Scope and Limits of Insurance:

1. Comm
ercial General Liability Insurance coverage in the amounts of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) in aggregate.

Commercial General Liability insurance shall include products/completed operations, property damage, and personal and advertising injury coverage.

2. Automobile Liability Insurance, including owned, non-owned, and hired automobiles, as applicable, with coverage limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

If Provider transports students or contracts to tran sport students, Automobile Liability Insurance shall be in the amount of Twenty Million Dollars ($20,000,000) per accident for bodily injury and property damage.

3. Workers’ Compensation Insurance, as required by California law, on all of its employees engaged in work related to the performance of this Agreement. Provider shall procure and maintain Employers’ Liability insurance coverage of $1,000,000 per accident or disease.

4. Professional Liability/Errors and Omi ssions Insurance in an amounts of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in aggregate.

5. Coverage for Abuse and Molestati on or Child Sexual Assault in the amounts of Two Million Dollars ( $2,000,000) per occurrence and Four Million Dollars ($4,000,000) in aggregate.
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6. If the Contract is renewed beyond the in itial term, then th e District shall have the right to increase the foregoing minimum insurance amounts as set forth in the amendment to the Contr act that extends the term; provided, however, that the Service Provider shall not be obligated to renew the term.

II. Other Provisions. Insurance policies required by the Contract shall contain the following provisions:

A. All Policies. Each insurance policy required by the Contract shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to the Contract, or reduced in coverage or in limits except after 30 days’ prior written notice by certified mail, return re ceipt requested, has been given to the District.

B. Service Provider’s and any and all subcont ractors’ insurance is primary and will not seek contribution from any other insura nce available to the District. Service Provider further hereby waives any and al l rights of subrogati on that it may have against the District. Any insurance or self-insurance maintained by the District shall be excess of the Provider’s insurance and shall not contribute with it. This requirement shall also apply to any excess or umbrella liability policies of the Service Provider. Required endorsements are listed below.

C. Service Provider’s and any and all Servic e Provider subcontractor’s Commercial General Liability insurance; Commercial Automobile Insurance; Liability Excess, Umbrella and/or Reinsurance; and Abuse and Molestation coverage shall name the District, its governing board, officers, administrators, managers, agents, employees, and/or volunteers as additional insureds. All endorsements specifying additional insureds or other requirements for any of the Insurance Policies shall be as indicated below or an equivalent endorsement reasonably acceptable to the District:

1. General Liability: CG 20 26 10 01

2. Primary, Non-Contributory: CG 20 01 04 13

3. Waiver of Subrogation: CG 24 04 05 09

4. Automobile Liability: CA 20 48 10 13

D. If any of the required policies provide coverage on a “claims made” basis:

1. The retroactive date must be shown on the certificate and must be before the date of the contract or the beginning of the Services.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Services.

3. If coverage is canceled or non-rene wed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Provider must pu rchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services.

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E. Acceptability of Insurers. Insurance is to be placed w ith insurers authorized to conduct business in the State of California and with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the District.

III. Other Requirements:

A. Service Provider and any and all subcontractors working for Service Provider shall provide certificates of insurance to the LEA as evidence of the insurance coverage required herein, not less than Fifteen (15) days prior to commencing work for the District, and at any other time upon the reque st of the District. Certificates of insurance will be deemed invalid if proper endorsements are not attached.

Certificates of such insurance shall be filed with the District on or before commencement of the services under the Contract.

B. The Provider may use Umbrella or Excess Policies to provide the liability limits as required in the Contract. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, additional insured endorsements, primary and non-contributo ry, additional insured, deductibles, indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the unde rlying Commercial General Liability insurance. No insurance policies maintain ed by the District, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Service Provider’s primary and excess liability policies are exhausted.

C. If the Service Provider or Service Provider’s subcontractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insura nce proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.

D. Any self-insured retention(s) applicable to the insurance and/or coverage required by the foregoing provisions of the Contract must be declared to and approved by the District. Service Provider shall be responsible to pay that self-insured retention and the District shall not be responsible to pay these costs. In the event that Service Provider’s self-insured retentions collectively total more than $50,000.00, the District reserves the right to request proof of Service Provider’s financial solvency in relation to remittance thereof or require Service Provider to post a bond guaranteeing payment of the deductible, or both.

E. The procuring of any required policy or policies of insurance shall not be construed to limit Service Provider’s or subcontractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of the Contract.

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F. Failure on the part of the Service Provider, or any of its subcontractors, to procure or maintain required insurance shall constitute a material breach of contract under which the District may immediately terminate the Contract.

END OF EXHIBIT C
111
Not Project Related
Project #24-12
Exhibit D

EXHIBIT D

CONFLICT OF INTEREST CHECK
District Board Bylaw 9270 require s that the Superintendent or a designee make a determination, on a case-by-case basis, whether disclosure will be required from an inde pendent contractor to comply with the District’s Conflict of Interest Code.

Independent contractors are required to file di sclosures when, pursuant to a contract with the District, the independent contract or will make certain specifie d 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 Service Provider 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 Service Provider who will provide Services under the Agreement, [] is [X] is not subject to disclosure obligations.

D a t e :

B
y :

Lisa A. Franz, Director, Purchasing
x
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4

DATE: June 4, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2024-25.

RECOMMENDATION

That the City Council adopt a resolution to:

1. Adopt the Fiscal Year 2024-25 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

(Public Works and Transportation Committee approved 3-0 on May 14, 2024.)

BACKGROUND

In 2017, the Governor approved Senate Bill 1 (SB 1) creating the Local Streets and Roads Program, which included the Road Maintenance and Rehabilitation Account (RMRA). The purpose of this funding is to provide an estimated $52.4 billion in revenue Statewide over ten years.

State Reporting Guidelines as described in Streets and Highways Code 2034(a)(1) require that local jurisdictions provide the California Transportation Commission (CTC) with an annual resolution identifying projects that may utilize RMRA.

The Resolution should include the project title, description, location, schedule, and estimated useful life for each project.

The resolution must also include projects previously listed that may continue to utilize prior RMRA in Fiscal Year 2024-

25. At year-end, the City will submit the annual reporting of expenditures, including additions or omissions to prior project lists, which is allowable through the CTC and State Guidelines.

Since RMRA began, the City has completed resurfacing projects utilizing RMRA. For example, Auto Center Commercial Neighborhood, Vineyard Avenue Resurfacing, Fremont North Resurfacing, Bryce Canyon Resurfacing and Citywide Thin Maintenance Overlay Phase II have all been completed using RMRA.

Capital Improvement Program (CIP) Reference:

Project No. C2209 – Neighborhood Street Resurfacing CIP 2022-2027 – Adopted May 3, 2022 – Page 62.

Project No. C2205 - Arterial Street Resurfacing CIP 2022-2027 - Adopted May 3, 2022 - Page 47.

DISCUSSION

Staff recommends that the City Council adopt a Resolution proposing the projects listed below to use RMRA (Fund 185) funding. These projects include both operational and CIP projects and are anticipated to expend from $5.1M of new FY 146
2024-25 funding, as well as any unspent, previously allocated, RMRA funding:

Operational Projects:
• Public Works Road & Signal Maintenance - Provides as-needed ongoing maintenance for all City streets and traffic signal infrastructure by utilizing Public Works Streets Division Staff and Traffic Signal Operations Staff. • Annual Pavement System Upgrade - Ongoing planning project that uses a pavement management system to identify streets for potential repair and resurfacing. This effort is described in detail below.

CIP Projects:
• Neighborhood Street Resurfacing - CIP Project
• Arterial Street Resurfacing - CIP Project

The Arterial Street and Neighborhood Street Resurfacing projects recommended for RMRA use were selected based on the methodology described below. A Project Map showing the street locations is attached.

The City maintains approximately 1,037 lane miles of streets. Consultants have performed street inspections on a three- year rotation with a third of residential and collector streets inspected each year and 100% of arterial roads receiving annual inspections. These are referred to as Rotations A, B, & C.

The Annual Pavement System Upgrade project provides funding for the City’s street resurfacing consultant, Pavement Engineering Inc. (PEI), who uses a Pavement Management System (PMS) to assist with tracking inventory, storing work history and furnishing budget estimates to optimize funding for improving the City’s pavement system using a software program called StreetSaver. The PMS also helps the City identify candidate streets for potential repair and maintenance and what sort of repair will be necessary. PEI uses a variety of measurements to determine the Pavement Condition Index, or PCI, of each road segment.

These measurements include:

1. How many cracks there are in a mile of pavement

2. How deep and long those cracks are

3. What the crack pattern is

4. What percentage of a road segment displays deficiencies

Crack/deficiency patterns include:

1. Alligator cracking

2. Block cracking

3. Longitudinal cracking

4. Transverse cracking

5. Distortions

6. Utility cuts/patches

7. Rutting/depressions

8. Weathering

The patterns and the percentage of roadway segments affected are entered into StreetSaver and a PCI is generated.

Engineers at PEI use that information to determine the most cost-effective repair strategy. PEI will take the cost and the life expectancy of the repair to determine the annual maintenance cost. This is the critical part, allocating the proper resources necessary annually for road maintenance.

Another critical factor is when the roadway should be paved. Incorrectly timed repairs can lead to additional repairs due to deferred maintenance. There is a point on each road segment where the right timing matches up with the appropriate 147
repair method to create a cost-effective pavement repair. Public Works staff then takes this information and considers how the timing of street repairs matches up with the timing of pipe replacement needs, and how the streets can be grouped in a way that maximizes cost-effectiveness and efficiency. This analysis is used to create the City’s Pavement Management Program, which is the method used to select projects to use RMRA funding (see the attached staff report from April 2, 2024 (Attachment 4), with additional information about the City’s pavement management program).

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

None. The recommended action and resolution fulfills State requirements and does not appropriate funds through this item. Actual funding will be requested and appropriated during the budgeting process for FY 2024-25.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on May 14, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Morgan Kessler, City Engineer, Debbie O'Leary, Transportation Planner

ATTACHMENTS

1. RMRA Resolution

2. RMRA_Street List

3. RMRA_Project Map

4. 2024-04-02 Citywide Pavement Management Program Overview Agenda Report

148

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $5,160,673 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities (the project list); and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate multiple streets/roads, throughout the City this year and multiple similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an at-risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and
149
Resolution No.

LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1 Page No. 2

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Oxnard, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project
Title
Project
Description

Project Location
Estimated
Project
Schedule
Estimated
useful life
Neighborhood
Street
Resurfacing
Street overlay,
ADA
improvement,
concrete work,
traffic striping.

Streets are in the following
Neighborhoods: Bartolo Square
South, Kamala Park
Neighborhood and La Colonia
Neighborhood, Residential
Resurfacing - Ph II - street list is
attached, highlighted streets
include Ninth Street, K Street,
West Third Street and West First
Street
7/24-6/25 15 years
Arterial Street
Resurfacing
Street overlay,
ADA
improvement,
concrete work,
traffic striping.

Streets include E Gonzales Road
from Oxnard Blvd. to Rice
Avenue; W Gonzales Road from
Victoria Avenue to Oxnard
Blvd.; Hueneme Road from J
Street to Edison Drive and
Oxnard Blvd. from Gonzales
Road to Roberts Avenue.
7/24-6/25 15 years
Public Works
Road & Signal
Maintenance
City Staff provide
ongoing
maintenance to
roadways and
traffic signals
Citywide
All Citywide streets are included
in this operational project, which
provides as-needed and on-going
maintenance for all City street
and traffic signal infrastructure.

City streets and intersections may
7/24-6/25 7 years
150
Resolution No.

LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1 Page No. 3
include Channel Islands Blvd.,
Fifth Street, Gonzales Road,
Oxnard Blvd., Pleasant Valley
Road, Rice Avenue, Rose
Avenue, Saviers Road, Ventura
Road and Wooley Road. The
locations identified are subject to
change.

Annual
Pavement
System
Upgrade
Inspection of City
Streets,
updating the
Pavement
Management
System to
develop a Streets
Master Plan
All Citywide streets are included
in this planning project such as
Channel Islands Blvd., Fifth
Street, Gonzales Road, Oxnard
Blvd., Pleasant Valley Road,
Rice Avenue, Rose Avenue,
Saviers Road, Ventura Road and
Wooley Road. The locations
identified are subject to change.
7/24-6/25 3 years

3. The City Council authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

PASSED AND ADOPTED this 4th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN

__________________________
John C. Zaragoza, Mayor
ATTEST:
_____________________________
Rose Chaparro, City Clerk

APPROVED AS TO FORM:
_____________________________
Stephen Fischer, City Attorney
151
City of Oxnard Project Location List Locations identified are subject to change NEIGHBORHOOD STREET RESURFACING – CIP Project
Bartolo Square South Neighborhood

STREET NAME: FROM: TO:

IRIS ST VENTURA RD J ST

JACKSON ST KAMALA ST CHANNEL ISLAND BLVD

JUNIPER ST VENTURA RD J ST

K ST HEMLOCK ST W IRIS ST

K ST KAMALA ST CHANNEL ISLAND BLVD

KAMALA ST VENTURA RD J ST

L ST KAMALA ST LAUREL ST

LAUREL ST M ST K ST

M ST HEMLOCK ST CHANNEL ISLAND BLVD
MANZANITA DR N. END CUL-DE-SAC CHANNEL ISLAND BLVD

Kamala Park Neighborhood

STREET NAME: FROM: TO:

E ST HILL ST CEDAR ST

ELM CT W END G ST

B ST CEDAR ST ELM ST

BIRCH ST C ST SAVIERS RD

CEDAR CT C ST S B ST

CEDAR CT

CEDAR CT

W END
G ST
G ST
D ST

D ST WOLFF ST S END

G ST WOOLEY RD HILL ST

G ST HILL ST J ST

GUAVA ST

GUAVA ST

VALLEY PARK DR
S G ST

SAVIERS RD
E ST

HILL ST S J ST SAVIERS RD

H ST WOOLEY RD HILL ST

I ST WOOLEY RD HILL ST

IRIS ST D ST SAVIERS RD

JUNIPER ST C ST E END

KAMALA ST

COACH C LN

J ST
C ST

C ST

SAVIERS ST

LINDEN DR J ST C ST

MAYWOOD WY C ST LINDEN RD

MAYWOOD WY LINDEN RD CHANNEL ISLAND BL

VALLEY PARK DR BIRCH ST JUNIPER ST

WOLFF ST I ST C ST

WOLFF ST W END C ST

WOLFF ST C ST SAVIERS RD
152
La Colonia Neighborhood Street

STREET NAME: FROM: TO:

COLONIA RD OXNARD BLVD JUANITA AVE

COOPER RD OXNARD BLVD JUANITA AVE

N HARISON AVE COLONIA RD S END

N HAYES AVE

S HAYES AVE

COLONIA RD
251 S HAYES AVE

COOPER RD

E THIRD ST

N GRANT AVE COLONIA RD COOPER RD

N GARFIELD AVE COLONIA RD COOPER RD

N ROSEVELT AVE COLONIA RD COOPER RD

N MCKINLEY AVE COLONIA RD COOPER RD

N BONITA AVE COLONIA RD COOPER RD

N ANITA AVE COLONIA RD COOPER RD

FELICIA CT N MARQITA CT N MARQITA CT

E FIRST ST N HARISON AVE S JUANITA AVE

E FIRST ST S JUANITA AVE ROSE AVE

N BONITA AVE

S BONITA AVE

COLONIA RD

E FIRST ST

E FIRST ST

E THIRD ST

HARDING AVE E FIRST ST E THIRD ST

S JUANITA AVE COLONIA RD E THIRD ST

NAVARO ST

MORRIS ST

FIRST ST

CAMPTON DR

E THIRD ST

SARITA DR

S COMPTON DR FIRST ST E THIRD ST

SARITA DR FIRST ST E SECOND ST

E SECOND ST WILSON AVE SARITA DR

CRAWFORD ST

SARITA DR

COMPTON ST

CRAWFORD ST

SARITA DR

SECOND ST

Residential Resurfacing – Phase II – Various Streets

STREET NAME: FROM: TO:

NINTH ST S C ST OXNARD BLVD

K ST W SECOND ST W FIFTH ST

W THIRD ST
W 1ST ST
W END
S C ST
S K ST

OXNARD BLVD

ARTERIAL STREET RESURFACING – CIP Project

STREET NAME: FROM: TO:

E GONZALES ROAD OXNARD BLVD RICE AVE

W GONZALES ROAD VICTORIA AVE OXNARD BLVD

HUENEME RD

OXNARD BLVD

N VENTURA RD

W FIFTH ST

DEL NORTE

J ST GONZALES

GONZALES RD

W FIFTH ST

N VENTURA RD

STURGIS DR

EDISON DR

ROBERT AVE

OXNARD BLVD

OXNARD BLVD

E FIFTH ST

153

ANNUAL PAVEMENT SYSTEM UPGRADE - Operational
All Citywide streets are included in this planning project including:

CHANNEL ISLANDS BOULEVARD

FIFTH STREET

GONZALES ROAD

OXNARD BOULEVARD

PLEASANT VALLEY ROAD

RICE AVENUE

ROSE AVENUE

SAVIERS ROAD

VENTURA ROAD

WOOLEY ROAD

154
0 1 20.5 mi
N

A
Arterial Street Resurfacing
(Previously Adopted)
Arterial Street Resurfacing
(New Locations)

Neighborhood Street Resurfacing
(Previously Adopted)
Residential Resurfacing - Phase II - Various Streets
(New Locations)
LEGEND
�,_!f __ �/--"-�--��---------------

OXNARD RMRA PROJECT LOCATION MAP
Public Works Department - Engineering Division

155

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. K.2

DATE: April 2, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Citywide Pavement Management Program Overview. (20 minutes)

RECOMMENDATION

That the City Council receive and file a report on the Citywide Pavement Management Program Overview.

(Public Works & Transportation Committee approved 3-0 on March 12, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/gJqiE9RCOlg

BACKGROUND

Oxnard’s streets and alleyways are among its most valuable assets, with a present replacement value of approximately $988.9M. Because of this high value, combined with the need to address continuous pavement wear and degradation, it is imperative to perform corrective and preventive maintenance via a strategic multi-year, multi-phase plan. This plan is implemented through individual construction projects utilizing a “toolbox” of paving methods. Such treatments generally include removal and replacement (R&R), cold milling with asphalt concrete (A/C) overlays, portland cement concrete (PCC) patching and reconstruction, and sealing (crack, slurry, cape, and micro-surfacing). Seals are typically seen as preventive maintenance (also commonly termed pavement preservation) techniques, as they do not add structural capacity to the existing pavement.

The City currently owns and maintains approximately 440.5 total centerline miles across all functional street classifications, as follows:
• Arterial and Collector – 128.6 centerline miles
• Residential – 246.8 lane miles centerline miles
• Alley – 65.1 centerline miles

This equates to a total of 95,450,658 square feet of pavement in the City’s network, as calculated by the City’s pavement management software, StreetSaver. This application, sourced from and managed by the Metropolitan Transportation Commission (MTC), is a planning tool used to monitor, analyze, and forecast Oxnard’s overall Pavement Management Program (PMP) and is critical to establishing a proper, phased multi-year paving cycle. Projections and computations regarding change in pavement condition versus annual funding investment are typically made over a 10-year span; for budget planning and capital project programming purposes, staff develops a phased paving project plan based on a rolling 5-year horizon, termed the Citywide Pavement Management Program.

It should be noted that the current lawsuit against the City filed by Aaron Starr and his political corporation “Moving Oxnard Forward” precludes the use of lease revenue bonds for funding pavement projects. Such bonding, commonly used for high-cost projects like street paving, is a financing mechanism traditionally used by all American cities, counties, 156
and states, that provide for funding consistency and predictability necessary for the development of a strategic, multi-year paving program. A funding source like this allows for both corrective and preventive paving work to be planned and executed predictably, with the goal of stretching the limited available funding as far as possible.

DISCUSSION

The key pavement health metric used by Oxnard is the Pavement Condition Index (PCI), which provides a snapshot of the pavement health of a road through a surface condition-based visual analysis algorithm. It is reported on a scale of 0 to 100 (0 being worst, 100 best). Oxnard’s PCI assessments are made yearly by a contracted pavement engineering consultant. According to the most recent PMP report (utilizing inspections from 2023), the average PCI of the City’s entire road network is 67; broken into roadway functional classifications, this equates to PCIs of 73 for Arterials, 69 for Collectors, 68 for Residential, and 29 for Alleys.

The Citywide Pavement Management Program is a planning and project programming roadmap for Oxnard’s paving needs over a rolling multi-year horizon, and is further broken down into project phases. Each phase is a collection of street locations that is determined by prioritization (explained below), anticipated budget, grouping of locations for construction efficiency, and other technical factors. The phases are implemented mainly through three discrete projects within the present Capital Improvement Program (CIP). Projects are separated into alleys, residential streets, and arterial streets as discussed in more detail below.

Planning over a multi-year horizon is critical for budgeting resources – both staff and financial. Adopting a capital pavement program allows Engineering staff to schedule projects according to anticipated revenues and staff workload capacity. This also makes the Council’s priorities clear to staff as grant opportunities arise that may be applicable to the planned projects.

Being a multi-year funding roadmap, there is flexibility such that new projects or street segments could be added as unforeseen year-to-year circumstances arise such as funding amounts, materials costs, accelerated pavement degradation, etc.

Prioritization

Since there are more needs than funding or staff resources to meet those needs, projects must be prioritized. A further consideration for prioritization is moving the overall pavement condition forward toward “good” (generally considered a PCI value of at least 70) and, once there, maintaining at least that level over time. City staff has developed a methodology for prioritizing and programming paving projects to meet these constraints. Generally, projects are divided into three subcategories, namely residential streets, arterial streets, and alleyways; these generally correspond with the three named paving projects in the CIP. Each subcategory has somewhat different prioritization parameters, as follows:

Project priorities for residential streets are determined by:

The average PCI and the number of lane miles are calculated for each neighborhood (Only for poor-condition streets, i.e. PCI<55). High priority is given to neighborhoods with low average Pavement Condition Index (PCI), a high number of lane miles, and a high concentration of pothole repair work.

Project priorities for arterial streets are determined by,

Average PCI and Average Daily Traffic (ADT), representing the number of vehicles using the street each day are calculated for each arterial project. High priority is given to arterial streets with low PCI, high ADT, and high number of pothole repairs.

Project priorities for alleys are determined by:

Low PCI, high population density, schools, parks, businesses, and the number of potholes repaired.

A high priority is given to alleys with low PCI, high pothole repair count, high population density, and close proximity to schools, parks, and businesses.
157

A special case exists for the above prioritization system, namely locations where there are aging, buried cast iron pipes that are historically troublesome and prone to failure. These tend to be located in alleyways, and in these places the pipe ideally should be removed and replaced before the paving work occurs. For the present multi-phase paving plan, a number of the project locations (see attachments) for the first two phases recommend the replacement of cast iron pipe ahead of the paving work. To accomplish this, funding will need to be identified and programmed separately for the CIP project titled “Water Distribution: Neighborhood Street Cast Iron Pipe Replacement”.

A high degree of weight will be placed on locations requiring a significant amount of pothole repair work. The City’s pothole repair team is the same staff that does sidewalk repair, curb/gutter repair, street sign maintenance and repair, street striping, right-of-way clean-up, etc. Pothole repair work is temporary, costly, and requires dedicated resources (i.e. staffing and equipment) for little long-term benefit. As such, the more street segments with a high pothole repair need that can be addressed with long-term corrective/preventive paving work, the better the Public Works team can leverage its limited resources. As mentioned above, there are a range of pavement treatments available, and a “mix of fixes” is usually the ideal way to proceed with a given year’s paving project. Staff has determined that, for this present multi- phase plan, the most effective paving budget split will be approximately 80% for rehabilitation (A/C mill-and-overlays, PCC concrete) and 20% for preventive maintenance (also called pavement preservation, such as slurry seals, cape seals, and micro-surfacing). Over time, as the City’s overall PCI goes up, this split will change to reflect less of a “worst first” approach that prioritizes rehabilitation, to one of “keeping good pavements good” that emphasizes maintenance and preservation.

The concept of “mix of fixes” is important to elaborate on since at first glance it may seem counter-intuitive. It is easy to think that the best way to address paving work is to fix the worst street segments (that is, streets with the lowest PCI) first. However, that approach is flawed for two general reasons. First, the degradation of asphalt concrete is not linear. As PCI scores approach around 70-65 or less, asphalt concrete degrades exponentially. Second, the cost to do corrective work such as R&R and mill-and-overlay (generally used when the PCI is less than 65-70) is 6-10 times more than the cost to do preventive/preservation work such as seals and microsurfacing (normally used where the PCI is greater than 70). Said another way, if the worst streets are the only ones done in each phase, then the streets with higher PCIs will continue to degrade untreated down past a PCI of 70, and cost 6-10 times more to fix in the future. Therefore, it’s imperative to maximize the use of pavement preservation techniques in every phase; this approach results in the least-cost per square foot, and stretches the limited amount of funding for maximum benefit. This is why Public Works staff will make recommendations to conduct paving work on several street segments in each phase with higher PCIs than other streets that have lower PCIs.

Pavement Maintenance Program Phasing

A traditional pavement management program (PMP) is separated by fiscal years to include the identification of the total amount of paving work (e.g. street segments) that can be done in each fiscal year with the known or required funding amount. However, with the Aaron Starr lawsuit, bonding is not currently available to Oxnard. The City prevailed in the lawsuit at the trial court level, but Aaron Starr immediately filed an appeal. The appeal process could take a year for the case to be briefed and argued, and for the court to issue a ruling. As such, planning for street paving work must be modified until such time the lawsuit process is complete.

The City’s 2023 pavement management report indicates that $19.4M dollars (hard construction costs) should be spent each fiscal year to maintain the current PCI. When adding in the soft costs (design, inspection, material testing, etc) the estimated total amount per year is $23.3M dollars. However, with bond funding unavailable, the long-term planning for pavement rehabilitation and maintenance is hampered. The amount of new annual Gas Tax for CIP paving projects, in addition to the anticipated Measure O funding for alley work, amounts to $6.25M for next Fiscal Year instead of the $23.3M per year to maintain the current PCI. Therefore, Public Works has organized the PMP into phases rather than fiscal years. Using a phased approach allows for the flexibility to adjust funding amounts (higher or lower) to avoid unrealistic expectations from the public about when streets will be paved. It should be noted that any funds remaining once current paving construction projects are completed will be carried over to next fiscal year and can be used for Phase 1 work.

STRATEGIC PRIORITIES

158
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

There is no direct financial impact to receive and file this report and provide input. Depending on input and direction from the City Council during the annual Operating and CIP budget process, there are several issues to address. Presently, due to the City’s current inability to bond for projects resulting from the Aaron Starr lawsuit, the new funding specifically available for street paving for next Fiscal Year is solely from gas tax and anticipated Measure O revenue in the amount of approximately $6.25M. With this amount, the City can pave only one residential street project and a few alleyways identified in Phase 1. Should there be an opportunity to provide more funding, additional streets from Phase 1 may be included in this year’s project scope.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on March 12, 2024 to approve the staff recommendation and to forward the item to the City Council as a receive and file report.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Proposed Arterial Street Construction Projects Phase I & Phase II

2. Proposed Arterial Street Construction Projects Phase III, Phase IV and Phase V

3. Proposed Alley Construction Projects Phase I and Phase II

4. Proposed Alley Construction Projects Phase III, Phase IV and Phase V

5. Proposed Residential Street Construction Projects Phase I & Phase II

6. Proposed Residential Street Construction Projects Phase III, Phase IV and Phase V

7. Presentation

159

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5

DATE: June 4, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Annual Purchase Orders with Accent Wire-Tie to Supply and Deliver Bale Wire for the Del Norte Regional Recycling and Transfer Station.

RECOMMENDATION

That the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Accent Wire- Tie in the amount not to exceed $375,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with an option to extend the term for two (2) consecutive one-year periods for a final term ending June 30, 2027, for the supply and delivery of bale wire for baling recyclable material.

(Public Works and Transportation Committee approved 3-0 on May 14, 2024)

BACKGROUND

The City's Del Norte Regional Recycling & Transfer Station (Del Norte) estimated volume/usage is 60,000 lbs. of bale wire annually. An 11-gauge galvanized extra-high-tensile wire is used due to the size and weight of the bales. Baling wire bundles recyclable materials; cardboard, plastic, and aluminum for sale and transport.

DISCUSSION

On January 12, 2024, the City issued a Request for Bid (RFB) PW 24-70 to solicit bids from vendors for supply and delivery of bale wire. The RFB was posted on the City's website and PublicPurchase.com. Two vendors submitted bids by the closing date, March 29, 2024. Accent Wire-Tie submitted the lowest most responsive bidder by the closing date, March 29, 2024. Accent Wire-Tie meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.

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

If the term options are fully utilized, the total cost of the purchase orders with Accent Wire-Tie for the as-needed supply and delivery of bale wire to the Del Norte from July 1, 2024, through June 30, 2027, shall not exceed $375,000. Funding for this purchase is included in the Proposed Fiscal Year 2024-25 Budget from the Environmental Resources Fund 631 for the City Council’s consideration. Subsequent year allocations will be requested during the annual budget process.

160
Estimated Spending Plan
ACCOUNT FY 2024-25 FY 2025-26 FY 2026-27 TOTAL
6313636-52400 $125,000 $125,000 $125,000 $375,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on May 14, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager

ATTACHMENTS

1. City of Oxnard RFB 3-2024 Accent Wire-Tie

161
162
163
164
165
166
167
168
169
170
171
172
173
174

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.6

DATE: June 4, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Professional Services Agreement 32500012 with Pavement Engineering Inc. for City's Pavement Management Systems Update.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Pavement Engineering Inc. in the amount not to exceed $425,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option for three (3) consecutive one (1) year period extensions, that shall not exceed a total of four (4) years; for a final term ending June 30, 2028, for the City’s pavement management systems update professional services.

(Public Works and Transportation Committee approved 3-0 on May 14, 2024)

BACKGROUND

The City of Oxnard currently maintains approximately 1,037 lane miles of streets and alleys representing 94,995,877 square feet of pavement with a replacement value of approximately $983,706,000 as calculated by the Pavement Management System (PMS). Historically, street inspections have been performed on a three-year rotation with a third of residential streets and alleyways inspected each year and 100% of arterials receiving annual inspections. To effectively plan for future street maintenance and improvements, an update of the PMS and 5-year master plan are critical.

DISCUSSION

This work will include a visual pavement inspection of all streets and alleyways. Each street and alleyway will be assigned a Pavement Condition Index (PCI) that will be entered into the City's StreetSaver software database program.

PCI is a numerical index between 0 (worst, or no pavement remaining) and 100 (best, or newly built roadway) used to indicate the general condition of a street. The StreetSaver program predicts future PCI by calculating the long term deterioration of each street. This application, sourced from and managed by the Metropolitan Transportation Commission (MTC), is a planning tool used to monitor, analyze, and forecast Oxnard’s overall Pavement Management Program (PMP) and is critical to establishing a proper, phased multi-year paving cycle. Projections and computations regarding change in pavement condition versus annual funding investment are typically made over a 10-year span. Utilizing the pavement inspection data, a 5-year maintenance and capital improvement plan is developed for the City's streets and alleyways.

A request for proposals (RFP) was issued on February 14, 2024, and closed on March 11, 2024. Four consulting firms submitted proposals. Engineering staff, including the senior civil engineer, project manager, and assistant civil engineer reviewed and evaluated the proposals. The criteria used to evaluate the proposals are consistent with the City’s procurement policies and include items such as the bidder’s experience and ability, technical capability and project methodology, responses to the request for proposal for completeness to the requirements, and references with demonstrated success with similar work to the scope of service. The review team determined that PEI was the most qualified consultant. PEI meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available 175
information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost for this Agreement shall not exceed $425,000 over the term of four years if fully extended. Partial funding for this Agreement of $111,000 is included in the Proposed Fiscal Year 2024-25 Budget from the State Gas Tax RMRA Fund (Fund 185, Project M1901) for the City Council’s consideration. Subsequent fiscal year allocations for the remaining value of the agreement will be requested during the annual budget process.

ESTIMATED SPENDING PLAN
FUND FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTAL
185 - GAS TAX RMRA $111,000 $98,000 $105,000 $111,000 $425,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on May 14, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. 32500012 PEI Agreement

2. PEI Proposal Response to Oxnard RFP PW24-83 PMS Update_MP24-138 Submission

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CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF OXNARD AND PAVEMENT ENGINEERING INC
By This CONSULTANT/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the Services of Pavement Engineering, 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. [Intentionally Omitted].

2. SUMMARY DESCRIPTION OF SERVICES.

Engineering Services for City of Oxnard Pavement Management System Update

3. 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 Pavement Engineering, Inc. (“CONSULTANT”), a corporation of the State of California, located at 3485 Sacramento Dr, Suite A, San Luis Obispo, CA 93401

4. TERM OF AGREEMENT : From (Date): July 1, 2024 To (Date): June 30, 2025

4.1 Time is of the essence in this Agreement.

4.2 The CITY shall have the option for (3) three 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.

4.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the CONSULTANT in accordance with Section 12 of this Agreement. CONSULTANT shall issue its written consent to the CITY’s exercise of the option to extend within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 22 of this Agreement.
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4.4 All Services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $425,000.

6. AGREEMENT EXHIBITS.

The following documents memorialized below are the only exhibits to this Agreement 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: CITY Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy

7. 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: Morgan Kessler
Title: City Engineer
Phone: 805-385-8341
Email: [email protected]
Name: Joseph L. Ririe, P.E.

Title: President
Phone: 805-781-2265
Email: [email protected]
Mailing Address (if differs from above): Mailing Address (if differs from above):

8. CONTRACTUAL PREREQUISITES.

8.1 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.

8.2 CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is fully executed and approved by CITY.
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8.3 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.

8.4 All proof of a CITY tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

8.5 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.

9. CONSULTANT'S SERVICES.

9.1 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 13 of this Agreement.

9.2 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.

10. 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 CONSULTANT an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the CITY Council.

11. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) 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.

11.1 Payment Request. CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of 3 of 50
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those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

11.2 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.

11.3 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.

11.4 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.

12. 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 4.2 and 4.3 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 4.2, then this Agreement shall not be extended.

13. 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 CITY Code, Sections 4-59 and 4-60.

14. TERMINATION OF AGREEMENT .

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 22 of this Agreement. Such termination shall be effective on the date specified in the 4 of 50
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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.

15. [RESERVED]

16. 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, subCONSULTANTs, 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, subCONSULTANTs, or employees are in any manner agents, subCONSULTANTs, or employees of CITY.

17. 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.

18. 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.

19. STANDARD OF PERFORMANCE; WARRANTY .

19.1 CONSULTANT agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to CITY PROJECT MANAGER, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

19.2 In accordance with the standard of care set forth in the first sentence of Section 19.1, the CONSULTANT agrees that it:
(1) Has thoroughly reviewed and considered the Services and work to be performed;
(2) Has reviewed the issues regarding the Scope of Services to be provided; (3) Has carefully considered how the Services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the Services required by this Agreement.

20. 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.

20.1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all Services and matters covered under this 6 of 50
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Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. 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.

20.2. 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.

20.3. 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 infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.

20.4. 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.

20.5. 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 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) 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 7920.515.

20.6. 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 7 of 50
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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.

20.7. 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.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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. Notice shall be given in the manner set forth in section

22. 22. 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 7. 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.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 Except as set forth in Subsection 23.3 of this Section 23, and to the fullest extent permitted by law, CONSULTANT shall immediately defend, indemnify, and hold harmless the CITY, its officers, employees, representatives, (but not including the CITY’s construction contractors or other CONSULTANTS) and agents (the “CITY Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the CITY (collectively “Claims”) which may arise out of CONSULTANT'S negligence or willful misconduct in the performance of the Services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the CITY 8 of 50
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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. If it is finally adjudicated that liability was caused by the negligence or 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 Subsection 23.1 and 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 CITY 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 shall be construed to require CONSULTANT to provide indemnification for Claims caused by the active negligence or willful misconduct of the CITY Indemnitees, or any other party for whom CONSULTANT is not legally liable.

23.4The CITY does not and shall not waive any rights that it may have against CONSULTANT under this Section, because of the acceptance by the CITY, or the deposit with the CITY, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of Section 23, inclusive shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

23.5The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the expiration or any early termination of this Agreement.
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23.6 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 E” 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.

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 10 of 50
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maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

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. [RESERVED]

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. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any Services under this Agreement, CONSULTANT shall obtain prior written consent from the CITY before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work attached to this Agreement as “Exhibit A”. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement. 11 of 50
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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 agreed-upon 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. 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.

33. CARE OF WORK
Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the CITY, CONSULTANT shall immediately inform the CITY of such fact and shall not provide any Services, except at CONSULTANT'S risk, until written instructions are received from the Project Manager.
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34. REPORTS
Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, CONSULTANT shall prepare and submit reports to the CITY concerning CONSULTANT's performance of the Services required by this Agreement.

35. 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.

36. 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.

37. 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.
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38. 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.

39. 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.

40. 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.

41. 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.

42. 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.

43. 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 bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
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44. 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.

45. 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.

46. 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 or electronic 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.

47. 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.

48. 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.

49. ACKNOWLEDGEMENT .
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By signing below, CONSULTANT acknowledges that it has reviewed the CITY’S Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance.
[Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

CITY OF OXNARD PAVEMENT ENGINEERING INC
☐JohnC.Zaragoza,Mayor 1 Date JosephL.Ririe,P.E.,President Date ☐Jennifer Yates,PurchasingManager2
Eric J. Wells, Secretary3 Date
ATTEST:

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

Stephen M. Fischer, CITY Date
Attorney (always required)
3The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEOor Vice President and of the Board Secretary, Assistant Secretary, CFOor 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.
2The Purchasing Agent may execute any authorized agreement up to $200,000. 1The City Council must authorize and the Mayor must execute any agreement over $200,000. 17 of 50
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EXHIBIT A

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING INC)

SCOPE OF SERVICES
Asitha Withanage 805-385-8052 [email protected] The scope of services will be performed in six phases over four years, as outlined below.

Year 1 – 24/25 PMS Update:

Year 1 Scope: Evaluation and Update of Rotation A, Parking Lots, and Yearly Streets Task 0. Project Management
Task 1. Preliminary Investigations
Task 2. Pavement Inspection
Task 3. PMS Update
Task 4. Maintenance and Capital Improvement Plan (CIP)
Task 5. PMS Report & Project Closeout
Task 6. Quality Management
Task 1.0 Project Management
Consultant will undertake the following as part of Year 1, Task 0:

Pavement Engineering Inc. (Consultant) will schedule a kick-off meeting with City staff to discuss project goals and expectations. During the meeting, Consultant will review past maintenance and rehabilitation strategies and check the City’s maps and database to confirm streets, pavement areas, street limits and boundaries. Consultant will also review with staff quality control measures that are described in more detail in Task 6. Reviewing these issues and items prior to beginning work will help the City develop future maintenance plans and budget scenarios that accurately reflect the City’s objectives.

Based on this discussion, Consultant will develop a firm schedule to track progress of the project and also will establish the format of deliverables that will be most useful to the City.

Throughout the project, Consultant will meet with City staff as required to coordinate and review specific project progress, schedules, and budgets to ensure the work performed meets the City’s expectations and performance goals.

Task 1 Preliminary Investigations
Consultant will undertake the following as part of Task 1:

At our first meeting with City staff, the Consultant's project manager will arrange to retrieve any new PMS data, GIS files and drawings. Consultant will review past data, assess recent information and determine the information that is important to the project. Consultant’s project 18 of 50
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manager will then work with City staff to develop goals and objectives using and incorporating the present data into the pavement management plan and system.

Task 2 Pavement Inspection
Consultant will undertake the following as part of Task 2:

Consultant’s certified staff will manually inspect the City’s streets (Collectors and Residentials) and alleys in Area C, as well as 100% of the City’s Arterial for the following pavement distresses:
alligator cracking, block cracking, distortions, patches/utility cuts, longitudinal and transverse cracking, rutting/depressions and weathering. Information gleaned from manual inspections is considered more reliable and accurate than automated, drive by, or windshield surveys.

Consultant will assign a Pavement Condition Index (PCI) for each street segment as specified by ASTM D6433 and supported by Consultant’s quality assurance standards, which are designed to ensure accuracy and consistency. Consultant’s inspectors are certified for quality and consistency with a demonstrated accuracy rate of ± 5 PCI points. Industry standards accepts ± 10 PCI points.

As part of the field review, Consultant will use a vehicle-mounted digital measuring device to measure the length of each street segment and will use a hand-held wheel to measure the width.

Precise measurements are key to accurate cost projections, which are calculated based on pavement area.

Consultant will sample locations on random test sites of ± 2,500 sf. Consultant will annotate the sample location on our rating sheet using footage from the beginning of each road segment.

Recording locations of inspected sample areas provides the necessary information to relocate the measured area for verification. This method produces reliable, reproducible data for current and future use.

As part of this work, Consultant will perform a Quality Control review. The QC review compares the latest PCIs of newly rated street segments to prior PCIs from the last PMS update. Any segment found to have deteriorated more than 3 PCI points per year, since the last visual evaluation (12 points for Rotation C, and 3 points for Arterials), or have increased more than 1 PCI point, without a documented M&R treatment, will then reviewed by The Project Manager.

To ensure safety during the visual evaluation, Consultant will provide its inspectors with reflective safety vests and will provide traffic control using flashing beacons and vehicle-mounted magnetic signs warning of frequent stops.

Task 3 PMS Update
Consultant will undertake the following as part of Task 3 following completion of Task 2:

Consultant will input the data collected during the visual evaluations in the City’s StreetSaver® database using MTC’s Mobile Rater. This speeds project completion and increases accuracy.

This will provide updated PCI’s for each of the segments inspected.

Consultant will utilize StreetSaver® to develop “family curves” for each road or functional classification. Consultant will verify, to the extent possible, and input the last Maintenance and Rehabilitation (M&R) treatment and Date for each segment. Also, we will update the City’s StreetSaver®database with ADT data, provided by the City, for the Arterial and Collector Streets, 19 of 50
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As part of the update, Consultant will review the City’s current street segmentation and how the roads are being used to make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies.

Task 4 Maintenance and Capital Improvement Plan (CIP)
Consultant will undertake the following as part of Task 4:

Consultant will identify and prioritize annual asphalt concrete preventative maintenance and rehabilitation treatments for the inspected streets according to a critical-point management approach. The critical-point approach incorporates pavements from all parts of the deterioration curve, not just the best nor just the worst. This approach optimizes every budget dollar by seeking to apply the right treatment at the right time. Not too soon and not too late. Consultant will work with City staff to develop decision matrices and breakpoints and to develop treatments and costs for maintenance and rehabilitation projects.

Consultant will help City staff determine the best maintenance that will maintain the City’s overall PCI at a level set by the City. The analysis will demonstrate what the City can expect in terms of overall pavement condition for each street system based on current and proposed future funding levels. Consultant will recommend the order in which neighborhood street repairs should be tackled and will assist the City in addressing any potential budgetary shortfalls, as required.

Task 5 PMS Report & Project Closeout
Consultant will undertake the following as Task 5:

Consultant will prepare one copy of the PMS report in an indexed binder for the City’s review.

After the review, Consultant will prepare an updated final report containing all relevant information in a PDF format on a computer disk. Both the print and the electronic report will contain the following information:
● Executive summary
● Budget needs scenarios
● Network replacement costs
● Proposed future budget levels
● Budget scenarios including
○ a scenario to maintain roadways at the existing PCI;
○ a scenario to increase the current PCI by 5 points; and ○ a scenario to show the potential PCI for roadways over five to ten years using current funding levels or a specified time range determined by the City ● A section description report for all street segments, sorted by Neighborhood ● Street sections selected for recommended treatments during the specified years with estimated costs
● Maps and exhibits.
● Maps, Exhibits, GIS Shapefile and Spreadsheet Export
As an option, Consultant can provide a presentation for the City Council that summarizes the report and provides guidance on pavement principles and practices.

For the assessed parking lots, a summary report will be provided that lists each parking lot’s condition and will include a summary of our ADA findings. 20 of 50
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Project Closeout
Consultant never leaves loose ends. As previously stated, Consultant will work with City staff through every step of a project and will deliver all the items outlined by the City in the initial kick- off and planning meeting, including but not limited to project files, final report(s) and drawings. As with all our work, Consultant warrant’s what they do and will work with clients to achieve a satisfactory closeout.

Task 6 Quality Management
Consultant will provide the following quality assurances in Task 6 as part of the overall scope of work:

A quality pavement management system is only as good to its user as the data that is input.

Maintaining and improving the quality of a PMS is crucial to the success of the creation or update to a Pavement Management system. Consultant will strive for accuracy and precision, so our Quality Control Plan compares the latest PCI’s of newly rated street segments to prior PCI’s from the last PMS update. Street segments with PCI’s that have increased in PCI, without any maintenance and rehabilitation, and street segments with PCI’s that have dropped more than 3 PCI points per year, since their last rating, will be identified and reviewed in the field by an engineer or senior engineering technician. At Consultant, to strive for a +/- 5 PCI points when comparing initial ratings versus QC ratings. Consultant will review a minimum of 10% of the segments as part of the QC review.

Additionally, Consultant’s PMS quality control plan encompasses several internal checks and balances to ensure data complies with ASTM standards and is both accurate and repeatable. In brief, our QA/QC procedures for PMS work include these elements:

Trained and certified staff:

Consultant’s field technicians undergo strict performance testing that includes protocols, equipment calibration and knowledge of pavement distresses. In addition, our data technicians are trained in data entry and verification procedures, field paperwork preparation, map marking and other duties related to accurate, comprehensive PMS reports. Consultant’s inspectors are certified by the Metropolitan Transportation Commission (MTC) and attending annual MTC training classes. Consultant to strive for a ± 5 PCI point repeatability.

Equipment verification:

Prior to beginning any pavement assessment, Consultant inspects, verifies and, if necessary, calibrates its measuring equipment, including vehicle-mounted devices that measure the length of each street segment and hand-held wheels that measure the width.

Data checks:

Consultant’s PMS crew typically perform a series of data checks in the field after collecting and processing the data according to strict procedures. The PMS project manager reviews the data for accuracy and completeness before a PMS data technician compiles the final database according the agency’s locations and mapping system. He also works with the data technician to recheck segment lengths and looks for any missing segments or data elements. This includes a verification of the Functional Classification of each segment to ensure that it complies with Caltrans Specifications. Consultant’s data technician then reviews the entire database for 21 of 50
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formatting, missing information and errors. All these checks ensure agencies receive thorough and accurate reports.

Control, verification and random site testing:

Consultant’s Project Manager reviews a minimum of 10% of the road segments previously rated according to MTC procedures to verify the accuracy of data. Consultant then compare these reference values to the initial PCI generated by StreetSaver®software. If there are discrepancies, Consultant will rerate the road. Once this QA/QC is finished, any variations to what the field crew found are updated in the database.

Year 2 – 25/26 PMS Update:

Year 2 Scope: Evaluation and Update of Rotation B and Yearly Streets Task 0 Project Management
Task 1 Preliminary Investigations
Task 2 Pavement Inspection
Task 3 PMS Update
Task 4 Maintenance and Capital Improvement Plan (CIP)
Task 5 PMS Report & Project Closeout
Task 6 Quality Management
Task 2.0 Project Management
Consultant will undertake the following as part of Year 2, Task 0:

Pavement Engineering Inc. (Consultant) will schedule a kick-off meeting with City staff to discuss project goals and expectations. During the meeting, Consultant will review past maintenance and rehabilitation strategies and check the City’s maps and database to confirm streets, pavement areas, street limits and boundaries. Consultant will also review with staff quality control measures that are described in more detail in Task 6. Reviewing these issues and items prior to beginning work will help the City develop future maintenance plans and budget scenarios that accurately reflect the City’s objectives.

Based on this discussion, Consultant will develop a firm schedule to track progress of the project and also will establish the format of deliverables that will be most useful to the City.

Throughout the project, Consultant will meet with City staff as required to coordinate and review specific project progress, schedules, and budgets to ensure the work performed meets the City’s expectations and performance goals.

Task 1 Preliminary Investigations
Consultant will undertake the following as part of Task 1:

Because of our prior experience working with the City, Consultant is thoroughly familiar with the streets, neighborhoods, soil types, pavement structures and maintenance. This familiarization drastically cuts down on preliminary and preparatory work, which allows the City to assign monetary resources to actual pavement preservation.
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At our first meeting with City staff, Consultant’s project manager will arrange to retrieve any new PMS data, GIS files and drawings. Consultant will review past data, assess recent information and determine the information that is important to the project. Consultant’s project manager will then work with City staff to develop goals and objectives using and incorporating the present data into the pavement management plan and system.

Task 2 Pavement Inspection
Consultant will undertake the following as part of Task 2:

Consultant’s certified staff will manually inspect 100% of the City’s Arterial streets and the City’s Collectors, Residentials, and alleys in Area A, as well as the pavements at each of the City owned and maintained parking lots (61 sites) for the following pavement distresses: alligator cracking, block cracking, distortions, patches/utility cuts, longitudinal and transverse cracking, rutting/depressions and weathering. In the parking lots, Consultant will also review the existing ADA parking stalls for compliance. Information gleaned from manual inspections is considered more reliable and accurate than automated, drive by, or windshield surveys.

Consultant will assign a Pavement Condition Index (PCI) for each street segment as specified by ASTM D6433 and supported by Consultant’s quality assurance standards, which are designed to ensure accuracy and consistency. Consultant’s inspectors are certified by for quality and consistency with a demonstrated accuracy rate of ± 5 PCI points. Industry standards accepts ± 10 PCI points.

As part of the field review, Consultant will use a vehicle-mounted digital measuring device to measure the length of each street segment and will use a hand-held wheel to measure the width.

Precise measurements are key to accurate cost projections, which are calculated based on pavement area.

Consultant will sample locations on random test sites of ± 2,500 sf. Consultant will annotate the sample location on our rating sheet using footage from the beginning of each road segment.

Recording locations of inspected sample areas provides the necessary information to relocate the measured area for verification. This method produces reliable, reproducible data for current and future use.

As part of this work, Consultant will perform a Quality Control review. The QC review compares the latest PCIs of newly rated street segments to prior PCIs from the last PMS update. Any segment found to have deteriorated more than 3 PCI points per year, since the last visual evaluation (12 points for Rotation C, and 3 points for Arterials), or have increased more than 1 PCI point, without a documented M&R treatment, will then reviewed by The Project Manager.

To ensure safety during the visual evaluation, Consultant will provide its inspectors with reflective safety vests and will provide traffic control using flashing beacons and vehicle-mounted magnetic signs warning of frequent stops.

Task 3 PMS Update
Consultant will undertake the following as part of Task 3 following completion of Task 2:

Consultant will input the data collected during the visual evaluations in the City’s StreetSaver® database using MTC’s Mobile Rater. This speeds project completion and increases accuracy.

This will provide updated PCI’s for each of the segments inspected. 23 of 50
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Consultant will utilize StreetSaver® to develop “family curves” for each road or functional classification. Consultant will verify, to the extent possible, and input the last Maintenance and Rehabilitation (M&R) treatment and Date for each segment. Also, Consultant will update the City’s StreetSaver®database with ADT data, provided by the City, for the Arterial and Collector Streets,
As part of the update, Consultant will review the City’s current street segmentation and how the roads are being used to make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies.

Task 4 Maintenance and Capital Improvement Plan (CIP)
Consultant will undertake the following as part of Task 4:

Consultant will identify and prioritize annual asphalt concrete preventative maintenance and rehabilitation treatments for the inspected streets according to a critical-point management approach. The critical-point approach incorporates pavements from all parts of the deterioration curve, not just the best nor just the worst. This approach optimizes every budget dollar by seeking to apply the right treatment at the right time. Not too soon and not too late. Consultant will work with City staff to develop decision matrices and breakpoints and to develop treatments and costs for maintenance and rehabilitation projects.

Consultant will help City staff determine the best maintenance that will maintain the City’s overall PCI at a level set by the City. The analysis will demonstrate what the City can expect in terms of overall pavement condition for each street system based on current and proposed future funding levels. Consultant will recommend the order in which neighborhood street repairs should be tackled and will assist the City in addressing any potential budgetary shortfalls, as required.

Task 5 PMS Report & Project Closeout
Consultant will undertake the following as Task 5:

Consultant will prepare one copy of the PMS report in an indexed binder for the City’s review.

After the review, Consultant will prepare an updated final report containing all relevant information in a PDF format on a computer disk. Both the print and the electronic report will contain the following information:
● Executive summary
● Budget needs scenarios
● Network replacement costs
● Proposed future budget levels
● Budget scenarios including
○ a scenario to maintain roadways at the existing PCI;
○ a scenario to increase the current PCI by 5 points; and ○ a scenario to show the potential PCI for roadways over five to ten years using current funding levels or a specified time range determined by the City ● A section description report for all street segments, sorted by Neighborhood ● Street sections selected for recommended treatments during the specified years with estimated costs
● Maps and exhibits.
● Maps, Exhibits, GIS Shapefile and Spreadsheet Export
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Project Closeout
Consultant never leaves loose ends. As previously stated, Consultant will work with City staff through every step of a project and will deliver all the items outlined by the City in the initial kick- off and planning meeting, including but not limited to project files, final report(s) and drawings. As with all our work, Consultant warrant’s what they do and will work with clients to achieve a satisfactory closeout.

Task 6 Quality Management
Consultant will provide the following quality assurances in Task 6 as part of the overall scope of work:

A quality pavement management system is only as good to its user as the data that is input.

Maintaining and improving the quality of a PMS is crucial to the success of the creation or update to a Pavement Management system. Consultant will strive for accuracy and precision, so our Quality Control Plan compares the latest PCI’s of newly rated street segments to prior PCI’s from the last PMS update. Street segments with PCI’s that have increased in PCI, without any maintenance and rehabilitation, and street segments with PCI’s that have dropped more than 3 PCI points per year, since their last rating, will be identified and reviewed in the field by an engineer or senior engineering technician. At Consultant, to strive for a +/- 5 PCI points when comparing initial ratings versus QC ratings. Consultant will review a minimum of 10% of the segments as part of the QC review.

Additionally, Consultant’s PMS quality control plan encompasses several internal checks and balances to ensure data complies with ASTM standards and is both accurate and repeatable. In brief, our QA/QC procedures for PMS work include these elements:

Trained and certified staff:

Consultant’s field technicians undergo strict performance testing that includes protocols, equipment calibration and knowledge of pavement distresses. In addition, our data technicians are trained in data entry and verification procedures, field paperwork preparation, map marking and other duties related to accurate, comprehensive PMS reports. Consultant’s inspectors are certified by the Metropolitan Transportation Commission (MTC) and attending annual MTC training classes. Consultant to strive for a ± 5 PCI point repeatability.

Equipment verification:

Prior to beginning any pavement assessment, Consultant inspects, verifies and, if necessary, calibrates its measuring equipment, including vehicle-mounted devices that measure the length of each street segment and hand-held wheels that measure the width.

Data checks:

Consultant’s PMS crew typically perform a series of data checks in the field after collecting and processing the data according to strict procedures. The PMS project manager reviews the data for accuracy and completeness before a PMS data technician compiles the final database according the agency’s locations and mapping system. He also works with the data technician to recheck segment lengths and looks for any missing segments or data elements. This includes a verification of the Functional Classification of each segment to ensure that it complies with 25 of 50
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Agreement No. 32500012
Caltrans Specifications. Consultant’s data technician then reviews the entire database for formatting, missing information and errors. All these checks ensure agencies receive thorough and accurate reports.

Control, verification and random site testing:

Consultant’s Project Manager reviews a minimum of 10% of the road segments previously rated according to MTC procedures to verify the accuracy of data. Consultant then compare these reference values to the initial PCI generated by StreetSaver®software. If there are discrepancies, Consultant will rerate the road. Once this QA/QC is finished, any variations to what the field crew found are updated in the database.

Year 3 – 26/27 PMS Update:

Year 3 Scope: Evaluation and Update of Rotation C and Yearly Streets Task 0 Project Management
Task 1 Preliminary Investigations
Task 2 Pavement Inspection
Task 3 PMS Update
Task 4 Maintenance and Capital Improvement Plan (CIP)
Task 5 PMS Report & Project Closeout
Task 6 Quality Management
Task 0 Project Management
Consultant will undertake the following as part of Year 3, Task 0:

Pavement Engineering Inc. (Consultant) will schedule a kick-off meeting with City staff to discuss project goals and expectations. During the meeting, Consultant will review past maintenance and rehabilitation strategies and check the City’s maps and database to confirm streets, pavement areas, street limits and boundaries. Consultant will also review with staff quality control measures that are described in more detail in Task 6. Reviewing these issues and items prior to beginning work will help the City develop future maintenance plans and budget scenarios that accurately reflect the City’s objectives.

Based on this discussion, Consultant will develop a firm schedule to track progress of the project and also will establish the format of deliverables that will be most useful to the City.

Throughout the project, Consultant will meet with City staff as required to coordinate and review specific project progress, schedules, and budgets to ensure the work performed meets the City’s expectations and performance goals.

Task 1 Preliminary Investigations
Consultant will undertake the following as part of Task 1:

Because of our prior experience working with the City, Consultant is thoroughly familiar with the streets, neighborhoods, soil types, pavement structures and maintenance. This familiarization drastically cuts down on preliminary and preparatory work, which allows the City to assign monetary resources to actual pavement preservation.
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At our first meeting with City staff, the Consultant's project manager will arrange to retrieve any new PMS data, GIS files and drawings. Consultant will review past data, assess recent information and determine the information that is important to the project. Consultant’s project manager will then work with City staff to develop goals and objectives using and incorporating the present data into the pavement management plan and system.

Task 2 Pavement Inspection
Consultant will undertake the following as part of Task 2:

Consultant’s certified staff will manually inspect the City’s streets (Collectors and Residentials) and alleys in Area C, as well as 100% of the City’s Arterial for the following pavement distresses:
alligator cracking, block cracking, distortions, patches/utility cuts, longitudinal and transverse cracking, rutting/depressions and weathering. Information gleaned from manual inspections is considered more reliable and accurate than automated, drive by, or windshield surveys.

Consultant will assign a Pavement Condition Index (PCI) for each street segment as specified by ASTM D6433 and supported by Consultant’s quality assurance standards, which are designed to ensure accuracy and consistency. Consultant’s inspectors are certified for quality and consistency with a demonstrated accuracy rate of ± 5 PCI points. Industry standards accepts ± 10 PCI points.

As part of the field review, Consultant will use a vehicle-mounted digital measuring device to measure the length of each street segment and will use a hand-held wheel to measure the width.

Precise measurements are key to accurate cost projections, which are calculated based on pavement area.

Consultant will sample locations on random test sites of ± 2,500 sf. Consultant will annotate the sample location on our rating sheet using footage from the beginning of each road segment.

Recording locations of inspected sample areas provides the necessary information to relocate the measured area for verification. This method produces reliable, reproducible data for current and future use.

As part of this work, the Consultant will perform a Quality Control review. The QC review compares the latest PCIs of newly rated street segments to prior PCIs from the last PMS update.

Any segment found to have deteriorated more than 3 PCI points per year, since the last visual evaluation (12 points for Rotation C, and 3 points for Arterials), or have increased more than 1 PCI point, without a documented M&R treatment, will then reviewed by The Project Manager.

To ensure safety during the visual evaluation, Consultant will provide its inspectors with reflective safety vests and will provide traffic control using flashing beacons and vehicle-mounted magnetic signs warning of frequent stops.

Task 3 PMS Update
Consultant will undertake the following as part of Task 3 following completion of Task 2:

Consultant will input the data collected during the visual evaluations in the City’s StreetSaver® database using MTC’s Mobile Rater. This speeds project completion and increases accuracy.

This will provide updated PCI’s for each of the segments inspected. 27 of 50
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Consultant will utilize StreetSaver® to develop “family curves” for each road or functional classification. Consultant will verify, to the extent possible, and input the last Maintenance and Rehabilitation (M&R) treatment and Date for each segment. Also, Consultant will update the City’s StreetSaver®database with ADT data, provided by the City, for the Arterial and Collector Streets,
As part of the update, Consultant will review the City’s current street segmentation and how the roads are being used to make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies.

Task 4 Maintenance and Capital Improvement Plan (CIP)
Consultant will undertake the following as part of Task 4:

Consultant will identify and prioritize annual asphalt concrete preventative maintenance and rehabilitation treatments for the inspected streets according to a critical-point management approach. The critical-point approach incorporates pavements from all parts of the deterioration curve, not just the best nor just the worst. This approach optimizes every budget dollar by seeking to apply the right treatment at the right time. Not too soon and not too late. Consultant will work with City staff to develop decision matrices and breakpoints and to develop treatments and costs for maintenance and rehabilitation projects.

Consultant will help City staff determine the best maintenance that will maintain the City’s overall PCI at a level set by the City. The analysis will demonstrate what the City can expect in terms of overall pavement condition for each street system based on current and proposed future funding levels. Consultant will recommend the order in which neighborhood street repairs should be tackled and will assist the City in addressing any potential budgetary shortfalls, as required.

Task 5 PMS Report & Project Closeout
Consultant will undertake the following as Task 5:

Consultant will prepare one copy of the PMS report in an indexed binder for the City’s review.

After the review, Consultant will prepare an updated final report containing all relevant information in a PDF format on a computer disk. Both the print and the electronic report will contain the following information:
● Executive summary
● Budget needs scenarios
● Network replacement costs
● Proposed future budget levels
● Budget scenarios including
○ a scenario to maintain roadways at the existing PCI;
○ a scenario to increase the current PCI by 5 points; and ○ a scenario to show the potential PCI for roadways over five to ten years using current funding levels or a specified time range determined by the City ● A section description report for all street segments, sorted by Neighborhood ● Street sections selected for recommended treatments during the specified years with estimated costs
● Maps and exhibits.
● Maps, Exhibits, GIS Shapefile and Spreadsheet Export
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As an option, Consultant can provide a presentation for the City Council that summarizes the report and provides guidance on pavement principles and practices.

Project Closeout
Consultant never leaves loose ends. As previously stated, Consultant will work with City staff through every step of a project and will deliver all the items outlined by the City in the initial kick- off and planning meeting, including but not limited to project files, final report(s) and drawings. As with all our work, Consultant warrant’s what they do and will work with clients to achieve a satisfactory closeout.

Task 6 Quality Management
Consultant will provide the following quality assurances in Task 6 as part of the overall scope of work:

A quality pavement management system is only as good to its user as the data that is input.

Maintaining and improving the quality of a PMS is crucial to the success of the creation or update to a Pavement Management system. Consultant will strive for accuracy and precision, so our Quality Control Plan compares the latest PCI’s of newly rated street segments to prior PCI’s from the last PMS update. Street segments with PCI’s that have increased in PCI, without any maintenance and rehabilitation, and street segments with PCI’s that have dropped more than 3 PCI points per year, since their last rating, will be identified and reviewed in the field by an engineer or senior engineering technician. At Consultant, to strive for a +/- 5 PCI points when comparing initial ratings versus QC ratings. Consultant will review a minimum of 10% of the segments as part of the QC review.

Additionally, Consultant’s PMS quality control plan encompasses several internal checks and balances to ensure data complies with ASTM standards and is both accurate and repeatable. In brief, our QA/QC procedures for PMS work include these elements:

Trained and certified staff:

Consultant’s field technicians undergo strict performance testing that includes protocols, equipment calibration and knowledge of pavement distresses. In addition, our data technicians are trained in data entry and verification procedures, field paperwork preparation, map marking and other duties related to accurate, comprehensive PMS reports. Consultant’s inspectors are certified by the Metropolitan Transportation Commission (MTC) and attending annual MTC training classes. Consultant to strive for a ± 5 PCI point repeatability.

Equipment verification:

Prior to beginning any pavement assessment, Consultant inspects, verifies and, if necessary, calibrates its measuring equipment, including vehicle-mounted devices that measure the length of each street segment and hand-held wheels that measure the width.

Data checks:

Consultant’s PMS crew typically perform a series of data checks in the field after collecting and processing the data according to strict procedures. The PMS project manager reviews the data for accuracy and completeness before a PMS data technician compiles the final database 29 of 50
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according the agency’s locations and mapping system. He also works with the data technician to recheck segment lengths and looks for any missing segments or data elements. This includes a verification of the Functional Classification of each segment to ensure that it complies with Caltrans Specifications. Consultant’s data technician then reviews the entire database for formatting, missing information and errors. All these checks ensure agencies receive thorough and accurate reports.

Control, verification and random site testing:

Consultant’s Project Manager reviews a minimum of 10% of the road segments previously rated according to MTC procedures to verify the accuracy of data. Consultant then compare these reference values to the initial PCI generated by StreetSaver®software. If there are discrepancies, Consultant will rerate the road. Once this QA/QC is finished, any variations to what the field crew found are updated in the database.

Year 4 – 27/28 PMS Update:

Year 4 Scope: Evaluation and Update of Rotation A, Parking Lots, and Yearly Streets Task 0 Project Management
Task 1 Preliminary Investigations
Task 2 Pavement Inspection
Task 3 PMS Update
Task 4 Maintenance and Capital Improvement Plan (CIP)
Task 5 PMS Report & Project Closeout
Task 6 Quality Management
Task 0 Project Management
Consultant will undertake the following as part of Year 4, Task 0:

Pavement Engineering Inc. (Consultant) will schedule a kick-off meeting with City staff to discuss project goals and expectations. During the meeting, Consultant will review past maintenance and rehabilitation strategies and check the City’s maps and database to confirm streets, pavement areas, street limits and boundaries. Consultant will also review with staff quality control measures that are described in more detail in Task 6. Reviewing these issues and items prior to beginning work will help the City develop future maintenance plans and budget scenarios that accurately reflect the City’s objectives.

Based on this discussion, Consultant will develop a firm schedule to track progress of the project and also will establish the format of deliverables that will be most useful to the City.

Throughout the project, Consultant will meet with City staff as required to coordinate and review specific project progress, schedules, and budgets to ensure the work performed meets the City’s expectations and performance goals.

Task 1 Preliminary Investigations
Consultant will undertake the following as part of Task 1:

Because of our prior experience working with the City, Consultant is thoroughly familiar with the streets, neighborhoods, soil types, pavement structures and maintenance. This familiarization 30 of 50
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drastically cuts down on preliminary and preparatory work, which allows the City to assign monetary resources to actual pavement preservation.

At our first meeting with City staff, Consultant’s project manager will arrange to retrieve any new PMS data, GIS files and drawings. Consultant will review past data, assess recent information and determine the information that is important to the project. Consultant’s project manager will then work with City staff to develop goals and objectives using and incorporating the present data into the pavement management plan and system.

Task 2 Pavement Inspection
Consultant will undertake the following as part of Task 2:

Consultant’s certified staff will manually inspect the City’s streets (Collectors and Residentials) and alleys in Area C, as well as 100% of the City’s Arterial for the following pavement distresses:
alligator cracking, block cracking, distortions, patches/utility cuts, longitudinal and transverse cracking, rutting/depressions and weathering. Information gleaned from manual inspections is considered more reliable and accurate than automated, drive by, or windshield surveys.

Consultant will assign a Pavement Condition Index (PCI) for each street segment as specified by ASTM D6433 and supported by Consultant’s quality assurance standards, which are designed to ensure accuracy and consistency. Consultant’s inspectors are certified by for quality and consistency with a demonstrated accuracy rate of ± 5 PCI points. Industry standards accepts ± 10 PCI points.

As part of the field review, Consultant will use a vehicle-mounted digital measuring device to measure the length of each street segment and will use a hand-held wheel to measure the width.

Precise measurements are key to accurate cost projections, which are calculated based on pavement area.

Consultant will sample locations on random test sites of ± 2,500 sf. Consultant will annotate the sample location on our rating sheet using footage from the beginning of each road segment.

Recording locations of inspected sample areas provides the necessary information to relocate the measured area for verification. This method produces reliable, reproducible data for current and future use.

As part of this work, Consultant will perform a Quality Control review. The QC review compares the latest PCIs of newly rated street segments to prior PCIs from the last PMS update. Any segment found to have deteriorated more than 3 PCI points per year, since the last visual evaluation (12 points for Rotation C, and 3 points for Arterials), or have increased more than 1 PCI point, without a documented M&R treatment, will then reviewed by The Project Manager.

To ensure safety during the visual evaluation, Consultant will provide its inspectors with reflective safety vests and will provide traffic control using flashing beacons and vehicle-mounted magnetic signs warning of frequent stops.

Task 3 PMS Update
Consultant will undertake the following as part of Task 3 following completion of Task 2:
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Consultant will input the data collected during the visual evaluations in the City’s StreetSaver® database using MTC’s Mobile Rater. This speeds project completion and increases accuracy.

This will provide updated PCI’s for each of the segments inspected.

Consultant will utilize StreetSaver® to develop “family curves” for each road or functional classification. Consultant will verify, to the extent possible, and input the last Maintenance and Rehabilitation (M&R) treatment and Date for each segment. Also, Consultant will update the City’s StreetSaver®database with ADT data, provided by the City, for the Arterial and Collector Streets,
As part of the update, Consultant will review the City’s current street segmentation and how the roads are being used to make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies.

Task 4 Maintenance and Capital Improvement Plan (CIP)
Consultant will undertake the following as part of Task 4:

Consultant will identify and prioritize annual asphalt concrete preventative maintenance and rehabilitation treatments for the inspected streets according to a critical-point management approach. The critical-point approach incorporates pavements from all parts of the deterioration curve, not just the best nor just the worst. This approach optimizes every budget dollar by seeking to apply the right treatment at the right time. Not too soon and not too late. Consultant will work with City staff to develop decision matrices and breakpoints and to develop treatments and costs for maintenance and rehabilitation projects.

Consultant will help City staff determine the best maintenance that will maintain the City’s overall PCI at a level set by the City. The analysis will demonstrate what the City can expect in terms of overall pavement condition for each street system based on current and proposed future funding levels. Consultant will recommend the order in which neighborhood street repairs should be tackled and will assist the City in addressing any potential budgetary shortfalls, as required.

Task 5 PMS Report & Project Closeout
Consultant will undertake the following as Task 5:

Consultant will prepare one copy of the PMS report in an indexed binder for the City’s review.

After the review, Consultant will prepare an updated final report containing all relevant information in a PDF format on a computer disk. Both the print and the electronic report will contain the following information:
● Executive summary
● Budget needs scenarios
● Network replacement costs
● Proposed future budget levels
● Budget scenarios including
○ a scenario to maintain roadways at the existing PCI;
○ a scenario to increase the current PCI by 5 points; and ○ a scenario to show the potential PCI for roadways over five to ten years using current funding levels or a specified time range determined by the City ● A section description report for all street segments, sorted by Neighborhood 32 of 50
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● Street sections selected for recommended treatments during the specified years with estimated costs
● Maps and exhibits.
● Maps, Exhibits, GIS Shapefile and Spreadsheet Export
As an option, Consultant can provide a presentation for the City Council that summarizes the report and provides guidance on pavement principles and practices.

Project Closeout
Consultant never leaves loose ends. As previously stated, Consultant will work with City staff through every step of a project and will deliver all the items outlined by the City in the initial kick- off and planning meeting, including but not limited to project files, final report(s) and drawings. As with all our work, Consultant warrant’s what they do and will work with clients to achieve a satisfactory closeout.

Task 6 Quality Management
Consultant will provide the following quality assurances in Task 6 as part of the overall scope of work:

A quality pavement management system is only as good to its user as the data that is input.

Maintaining and improving the quality of a PMS is crucial to the success of the creation or update to a Pavement Management system. Consultant will strive for accuracy and precision, so our Quality Control Plan compares the latest PCI’s of newly rated street segments to prior PCI’s from the last PMS update. Street segments with PCI’s that have increased in PCI, without any maintenance and rehabilitation, and street segments with PCI’s that have dropped more than 3 PCI points per year, since their last rating, will be
identified and reviewed in the field by an engineer or senior engineering technician. At Consultant, to strive for a +/- 5 PCI points when comparing initial ratings versus QC ratings.

Consultant will review a minimum of 10% of the segments as part of the QC review.

Additionally, Consultant’s PMS quality control plan encompasses several internal checks and balances to ensure data complies with ASTM standards and is both accurate and repeatable. In brief, our QA/QC procedures for PMS work include these elements:

Trained and certified staff:

Consultant’s field technicians undergo strict performance testing that includes protocols, equipment calibration and knowledge of pavement distresses. In addition, our data technicians are trained in data entry and verification procedures, field paperwork preparation, map marking and other duties related to accurate, comprehensive PMS reports. Consultant’s inspectors are certified by the Metropolitan Transportation Commission (MTC) and attending annual MTC training classes. Consultant to strive for a ± 5 PCI point repeatability.

Equipment verification:

Prior to beginning any pavement assessment, Consultant inspects, verifies and, if necessary, calibrates its measuring equipment, including vehicle-mounted devices that measure the length of each street segment and hand-held wheels that measure the width. 33 of 50
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Data checks:

Consultant’s PMS crew typically perform a series of data checks in the field after collecting and processing the data according to strict procedures. The PMS project manager reviews the data for accuracy and completeness before a PMS data technician compiles the final database according the agency’s locations and mapping system. He also works with the data technician to recheck segment lengths and looks for any missing segments or data elements. This includes a verification of the Functional Classification of each segment to ensure that it complies with Caltrans Specifications. Consultant’s data technician then reviews the entire database for formatting, missing information and errors. All these checks ensure agencies receive thorough and accurate reports.

Control, verification and random site testing:

Consultant’s Project Manager reviews a minimum of 10% of the road segments previously rated according to MTC procedures to verify the accuracy of data. Consultant then compare these reference values to the initial PCI generated by StreetSaver®software. If there are discrepancies, Consultant will rerate the road. Once this QA/QC is finished, any variations to what the field crew found are updated in the database.
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EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING INC.)

SCHEDULE OF COMPENSATION

City of Oxnard
FY24/25 (Year 1) Pavement Management System Update Fees .

Year 1 - Task 1 – Preliminary Investigations
Position Units Unit Rate Total
Principal Engineer 6 $260 $1,560
Project Manager 13 $155 $2,015
Year 1 - Task 1 fee $3,575
Year 1 - Task 2 – Pavement Inspection
Position Units Unit Rate Total
Project Manager 13 $155 $2,015
PMS Data Technician 40 $100 $4,000
PMS Inspection Team 202 $200 $40,400
Per Diem 25 $300 $7,500
Year 1 - Task 2 fee $53,915
Year 1 - Task 3 – PMS Update and Quality Management
Position Units Unit Rate Total
Principal Engineer 4 $260 $1,040
Project Manager 19 $155 $2,945
PMS Quality Control 69 $155 $10,695
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 1 - Task 3 fee $21,075
Year 1 - Task 4 - Maintenance and Capital Improvement Plan (CIP) Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 22 $155 $3,410
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 1 - Task 4 fee $11,105
Year 1 - Task 5 – PMS Report & Project Closeout
Position Units Unit Rate Total
Principal Engineer 6 $260 $1,560
Project Manager 21 $155 $3,255
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 1 - Task 5 fee $11,210
Year 1 Estimated Fees $100,880
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City of Oxnard
FY25/26 (Year 2) Pavement Management System Update Fees

Year 2 - Task 1 – Preliminary Investigations
Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 12 $155 $1,860
Year 2 - Task 1 fee $3,160
Year 2 - Task 2 – Pavement Inspection
Position Units Unit Rate Total
Project Manager 12 $155 $1,860
PMS Data Technician 35 $100 $3,500
PMS Inspection Team 176 $200 $35,200
Per Diem 22 $300 $6,600
Year 2 - Task 2 fee $47,160
Year 2 - Task 3 – PMS Update and Quality Management
Position Units Unit Rate Total
Principal Engineer 3 $260 $780
Project Manager 17 $155 $2,635
PMS Quality Control 61 $155 $9,455
PMS Data Technician 51 $100 $5,100
PMS Clerical 6 $85 $510
Year 2 - Task 3 fee $18,480
Year 2 - Task 4 - Maintenance and Capital Improvement Plan (CIP) Position Units Unit Rate Total
Principal Engineer 4 $260 $1,040
Project Manager 20 $155 $3,100
PMS Data Technician 51 $100 $5,100
PMS Clerical 6 $85 $510
Year 2 - Task 4 fee $9,750
Year 2 - Task 5 – PMS Report & Project Closeout
Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 19 $155 $2,945
PMS Data Technician 51 $100 $5,100
PMS Clerical 6 $85 $510
Year 2 - Task 5 fee $9,855
Year 2 Estimated Fees $88,405

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City of Oxnard
FY26/27 (Year 3) Pavement Management System Update Fees

Year 3 - Task 1 – Preliminary Investigations
Position Units Unit Rate Total
Principal Engineer 7 $260 $1,820
Project Manager 12 $155 $1,860
Year 3 - Task 1 fee $3,680
Year 3 - Task 2 – Pavement Inspection
Position Units Unit Rate Total
Project Manager 12 $155 $1,860
PMS Data Technician 38 $100 $3,800
PMS Inspection Team 187 $200 $37,400
Per Diem 24 $300 $7,200
Year 3 - Task 2 fee $50,260
Year 3 - Task 3 – PMS Update and Quality Management
Position Units Unit Rate Total
Principal Engineer 4 $260 $1,040
Project Manager 18 $155 $2,790
PMS Quality Control 65 $155 $10,075
PMS Data Technician 54 $100 $5,400
PMS Clerical 7 $85 $595
Year 3 - Task 3 fee $19,900
Year 3 - Task 4 - Maintenance and Capital Improvement Plan (CIP) Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 21 $155 $3,255
PMS Data Technician 54 $100 $5,400
PMS Clerical 7 $85 $595
Year 3 - Task 4 fee $10,550
Year 3 - Task 5 – PMS Report & Project Closeout
Position Units Unit Rate Total
Principal Engineer 7 $260 $1,820
Project Manager 20 $155 $3,100
PMS Data Technician 54 $100 $5,400
PMS Clerical 7 $85 $595
Year 3 - Task 5 fee $10,915
Year 3 Estimated Fees $95,305

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City of Oxnard
FY27/28 (Year 4) Pavement Management System Update Fees Year 4 - Task 1 – Preliminary Investigations
Position Units Unit Rate Total
Principal Engineer 6 $260 $1,560
Project Manager 13 $155 $2,015
Year 4 - Task 1 fee $3,575
Year 4 - Task 2 – Pavement Inspection
Position Units Unit Rate Total
Project Manager 13 $155 $2,015
PMS Data Technician 40 $100 $4,000
PMS Inspection Team 202 $200 $40,400
Per Diem 25 $300 $7,500
Year 4 - Task 2 fee $53,915
Year 4 - Task 3 – PMS Update and Quality Management
Position Units Unit Rate Total
Principal Engineer 4 $260 $1,040
Project Manager 19 $155 $2,945
PMS Quality Control 69 $155 $10,695
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 4 - Task 3 fee $21,075
Year 4 - Task 4 - Maintenance and Capital Improvement Plan (CIP) Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 22 $155 $3,410
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 4 - Task 4 fee $11,105
Year 4 - Task 5 – PMS Report & Project Closeout
Position Units Unit Rate Total
Principal Engineer 6 $260 $1,560
Project Manager 21 $155 $3,255
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 4 - Task 5 fee $11,210
Year 4 Estimated Fees $100,880
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Engineering Services
Senior Principal Engineer $260/hr
Principal Engineer $240/hr
Senior Associate Engineer $215/hr
Associate Engineer $190/hr
Assistant Engineer $185/hr
Technical Services
Project & Construction Managers $155/hr
Senior Engineering Technician $155/hr
Engineering Technician $130/hr
PMS Field/ Data Technician $100/hr
PW Inspector* $155/hr
Clerical $85/hr
Field Services
PW Deflection Testing $575/hr
PW Deflection Testing Travel $375/hr
PW Coring** $450/hr
PW Traffic Control* $300/hr
PW Coring/ Traffic Control Travel* $380/hr
Basis of Charges
Miscellaneous Charges
Equipment rental, reproductions, testing (other than
by PEI), photographic expenses and other outside services: ................................ Cost + 15% PEI Professional Fee Schedule 2024
Agreement No. 32500012
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EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING INC)

INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/CONSULTANT/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.

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 the same information and acceptable to the Risk Manager 40 of 50
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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.
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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. Y ou 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.

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ACORD CERTIFICATE OF INSURANCE ISSUE DA TE (MM/DD/YY)

PRODUCER

THIS CERTIFICA TE IS ISSUED AS A MA TTER OF INFORMA TION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICA TE HOLDER. THIS CERTIFICA TE 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 THA T THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

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

WHICH THIS CERTIFICA TE 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 HA VE 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 AGGREGA TE $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
BODIL Y INJURY $
(Per person)
BODIL Y INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGA TE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

STA TUTORY 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 OPERA TIONS/LOCA TIONS/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 EXPIRA TION DA TE THEREOF, THE ISSUING COMPANY WILL ENDEA VOR TO MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICA TE HOLDER NAMED TO THE LEFT, BUT

FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGA TION OR LIABILITY OF ANY KIND UPON THE COMPANY , ITS AGENTS OR REPRESENTA TIVES.

AUTHORIZED REPRESENTA TIVE
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Agreement No. 32500012

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

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

InsuranceCompany:

PolicyNo.:

PolicyPeriod:(from) (to)
LOSSADJUSTMENTEXPENSE ❒ IncludedinLimits
❒ InAdditiontoLimits
Telephone:
❒ Deductible ❒ Self-InsuredRetention(checkwhich)of$
withanAggregateof$ appliesto
coverage. ❒ PerOccurrence ❒ PerClaim (which)NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the namedinsuredunderall writtenagreementsandpermitsinforcewiththe City unless checked here❒ in which case only the following specific agreements and permitswiththeCityarecovered

CITYAGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERALLIABILITY
❒ COMMERCIALGENERALLIABILITY
❒ COMPREHENSIVEGENERALLIABILITY
❒ OWNERS&CONTRACTORSPROTECTIVE
❒ ClaimsMade
RetroactiveDate
❒ Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITYLIMITSINTHOUSANDS$
EACH

OCCURRENCE

AGGREGATE
❒ GENERAL
❒ PRODUCTS/COMPLETEDOPERATIONS
❒ PERSONAL&ADVERTISINGINJURY
❒ FIREDAMAGE
❒
❒
CLAIMS: Underwriter’srepresentativeforclaimspursuanttothis insurance.

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding anyinconsistentstatementinthepolicytowhichthisendorsementisattachedoranyendorsement noworhereafterattachedthereto,insurancecompanyagreesasfollows:

1. INSURED. The City,itsofficers,agents,employeesandvolunteersareincludedasinsuredswithregardtoliabilityanddefenseofsuitsarisingfromtheoperations,productsandactivities performedbyoronbehalfofthenamedinsured.

2. 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, theinsuranceaffordedbythispolicyshall beprimaryinsuranceasrespectstheCity,itsofficers,agents,employeesorvolunteers;orstandinan unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by theCity,itsofficers,agents,employeesor volunteersshall beinexcessofthisinsuranceandshall notcontributewithit.

3. SEVERABILITY OF INTEREST . This insurance applies separately to each insured against whom claimismadeorsuitisbroughtexceptwithrespecttothecompany’slimitsofliability.

Theinclusionofanypersonororganizationasaninsuredshall notaffectanyrightwhichsuchpersonororganizationwouldhaveasaclaimantifnotsoincluded.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits exceptafterthirty(30)daysprior writtennoticebyreceipteddeliveryhasbeengiventotheCity.

5. 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 providedtotheCity,itsofficers,agents,employeesorvolunteers.

6. SCOPE OF COVERAGE. Thispolicy,ifprimary,affordscoverageatleastasbroadas:
a. InsuranceServicesOfficeCommercial General LiabilityCoverage,“occurrence”formCG0001;or b. Ifexcess,affordscoveragewhichisatleastasbroadastheprimaryinsuranceformCG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policytowhichthis endorsementisattached.

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 thatIhaveauthorityto
bindtheabove-mentionedinsurancecompanyandbymysignaturehereondosobind thiscompanytothisendorsement.

Signature
(original signature required)
Telephone:( ) DateSigned:
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Agreement No. 32500012

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENTNO. ISSUEDATE(MM/DD/YY)
PRODUCER POLICY INFORMATION:

InsuranceCompany:

PolicyNo.:

PolicyPeriod:(from) (to)
LOSSADJUSTMENTEXPENSE ❒ IncludedinLimits
❒ InAdditiontoLimits
Telephone:
❒ Deductible ❒ Self-InsuredRetention(checkwhich)of$
withanAggregateof$ appliesto
coverage. ❒ PerOccurrence ❒ PerClaim (which)NAMED INSURED APPLICABILITY. Thisinsurancepertainstotheoperations,productsand/or tenancyofthenamedinsuredunderall writtenagreementsandpermitsinforcewith theCityunlesscheckedhere ❒ inwhichcaseonlythefollowingspecificagreements andpermitswiththeCityarecovered:

CITY AGREEMENTS/PERMITS

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

LIMIT OF LIABILITY
CLAIMS: Underwriter’srepresentativeforclaimspursuanttothis 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 endorsementnoworhereafterattachedthereto,insurancecompanyagreesasfollows:

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,productsand activitiesperformedbyoronbehalfofthenamedinsured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of theCity;or(b)productssoldbythenamedinsuredtotheCity;or(c) premises leased by the named insured from the City,theinsuranceaffordedbythispolicyshall beprimaryinsuranceasrespectstheCity,itsofficers,agents,employeesorvolunteers;orstandin an unbroken chain of coverage excess of the namedinsured’sscheduledunderlyingprimarycoverage. Ineitherevent,anyotherinsurancemaintainedbytheCity,itsofficers,agents,employees orvolunteersshall beinexcessofthisinsuranceandshall notcontributewithit.

3. SEVERABILITY OF INTEREST . Thisinsuranceappliesseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbroughtexceptwithrespecttothecompany’slimitsofliability.

Theinclusionofanypersonororganizationasaninsuredshall notaffectanyrightwhichsuchpersonororganizationwouldhaveasaclaimantifnotsoincluded.

4. CANCELLATION NOTICE. With respect to the interests of the City, thisinsuranceshall notbecanceled,ormateriallyreducedincoverageorlimitsexceptafterthirty(30)daysprior writtennoticebyreceipteddeliveryhasbeengiventotheCity.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions ofthepolicyorbreachesorviolationsofwarrantiesshall notaffectcoverage providedtotheCity,itsofficers,agents,employeesorvolunteers.

6. SCOPE OF COVERAGE. Thispolicy,ifprimary,affordscoverageatleastasbroadas:
a. InsuranceServicesOfficeAutomobileLiabilityCoverage,“occurrence”formCA0001,code("anyauto");or b. Ifexcess,affordscoveragewhichisatleastasbroadastheprimaryinsuranceformreferencedintheprecedingsection(1).

Except as stated above nothing herein shall be held to waive, alterorextendanyofthelimits,conditions,agreementsorexclusionsofthepolicytowhichthis endorsementisattached.

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 mysignaturehereondosobind thiscompanytothisendorsement.

Signature
(original signature required)
Telephone:( ) DateSigned
Rev.1/23 INS-A.doc
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EXHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING 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 that may be 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 $18.89 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.
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Agreement No. 32500012

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
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 $18.89 per hour for each hour that such employee provides Services under this Agreement.

This hourly rate shall be adjusted on July 1, 2024, 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.
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EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING 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 48 of 50
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and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

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.
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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 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.
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You can ride on our reputation
Pavement Engineering Inc.

Pavement Engineering Inc.

Response to:

RFP # PW24-83
Pavement Management System Update
March 11, 2024
227
MP24-138March 11, 2024
Ms. Sandra Borjas
City of Oxnard
300 West Third Street
Oxnard, CA 93030
Subject: City of Oxnard – Proposal for Pavement Management System Update (RFP# PW24-83) Dear Sandra,
Pavement Engineering Inc. (PEI) appreciates the opportunity to respond to the City of Oxnard’s RFP to provide services for the Pavement Management System Update. Based on our many years of work with public agencies throughout California, we are confident we can assist the City in succes sfully updating the City’s pavement management system. We understand these pavement engineering services include but are not limited to evaluating the condition of City streets and alleys, updating PMS StreetSaver software and GIS system products, evaluating street maintenance and repair techniques, and developing a street maintenance capital improvement plan.

We are once again looking forward to updating the City’s Pavement Management System (PMS) and have prepared and enclosed a response to the City’s RFP. We have performed thes e services for many cities and counties throughout California, including Oxnard, and are well- prepared to perform this service again using the City’s StreetSaver® program. Because of our past work for the City, I believe PEI has unique insight into the condition of the City’s streets, which is an asset when it comes to PMS services. We can do this work efficiently and economically. We understand the period of performance anticipated for this solicitation shall be for four years, with each year renewable in one year increments.

We value our relationship with the City of Oxnard and our commitment to the City is to always deliver the highest quality of work on time, on budget and with honesty and unparalleled professionalism. As our slogan says, “You can ride on our reputation.” Joe Seely will be the main contact person for all related correspondence between PEI and the City.

Very truly yours,
Joseph L. Ririe, P.E.

President & Senior Principal Engineer
Phone: 805.781.2265
[email protected]
Corporate Office
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
Joseph M. Seely
Project Manager
Phone: 805.441.4843
[email protected]
26007 Huntington Lane, Unit 5
Santa Clarita, CA 91355
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Page
Cover Letter .................................................................................................. Unnumbered Table of Contents ............................................................................................................ 0 Tab A: Proposal Checklist ............................................................................................... 1 Tab B: Company Profile / Experience ............................................................................. 4 Tab C: Acknowledgement ............................................................................................... 7 Tab D: Scope of Services ................................................................................................31 Tab E: References ..........................................................................................................33 Tab F: Cost / Budget Narrative ........................................................................................36 Tab G: Bidder Attachment ...............................................................................................43 Table of Contents
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Tab A: Proposal Checklist