Agenda packet, regular meeting — Santa Paula City Council, June 21, 2023 (part 1 of 6)

City of Santa Paula
City Council

MAYOR ANDY SOBEL

VICE MAYOR LESLIE CORNEJO

COUNCILMEMBER JENNY CROSSWHITE

COUNCILMEMBER CARLOS JUAREZ
COUNCILMEMBER PEDRO A. CHAVEZ

CITY COUNCIL REGULAR MEETING OF THE

SANTA PAULA CITY COUNCIL
WEDNESDAY, JUNE 21, 2023
6:30 PM - City Council Regular Meeting

SANTA PAULA CITY HALL
970 VENTURA STREET
SANTA PAULA, CA 93060

JULIE LATSHAW, CITY CLERK

DAN SINGER, CITY MANAGER

MONICA CASTILLO, INTERIM CITY ATTORNEY
City of Santa Paula - City Council - City Council Regular Meeting 1

BRINGING ITEMS BEFORE THE CITY COUNCIL
You are invited to participate in all Regular City Council meetings. Agendas are posted in the front of Santa Paula City Hall, 970 Ventura Street, Santa Paula, 72 hours in advance of the scheduled meetings. The City Council's regular meetings start at 6:30 p.m. the first and third Wednesday of each month in the City Hall Council Chambers located at 970 Ventura Street in Santa Paula.

HOW TO PARTICIPATE IN PERSON DURING THE MEETING: If you wish to speak at a City Council meeting, please fill out a Public Comment Form noting your name and address and submit the form to the City Clerk. Include the Agenda item number, when appropriate. Public comments are limited to 3 minutes.

1. Items Not on the Agenda: If you wish to discuss an item which is not scheduled on the Agenda, you may address the City Council during Public Comment. Please realize that due to the limitations placed on the City Council by provisions of the California Government Code, the City Council ordinarily cannot take action on any item that is not on the agenda. Because of these restrictions, expect that matters that you identify during public comment may be referred to staff or considered on a future agenda.

2. Agenda Items: Items being considered by the City Council may appear on the Consent Calendar, as an Action Item, or as a Public Hearing. Public comments on each type of item are handled differently, as explained below:
a. For items appearing on the Consent Calendar, please submit a Public Comment Form before the Council takes action on the Consent Calendar. Items that receive a Public Comment Form may be pulled from the Consent Calendar by the Mayor and discussed separately by the City Council.
b. For items appearing as an Action Item, the Mayor will announce the Agenda item and request the staff report, the staff member responsible will give a brief summary of the report; the City Council will have an opportunity to ask questions of staff; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); and the City Council will discuss the item and then take appropriate action.
c. For items on which a Public Hearing is scheduled, the Mayor will open the public hearing and receive the staff report; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); the City Council will discuss the item; and the Mayor will close the public hearing after City Council action.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence on any agenda item by sending an email to [email protected]. All public correspondence received by 3:00 p.m. (PT) on the meeting date will be provided to the legislative body before the meeting. Public Comments received after 3:00 p.m. will be provided to the legislative body the next day.

Your Participation in this meeting is in the public domain; meetings are cablecast; minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website.

PLEASE NOTE: Be advised that if you bring a legal challenge to an action, you may be limited to raising only those issues you or someone else raised at the meeting described in this Agenda, or in written correspondence delivered to the City Council at or before the meeting.

Any action is subject to the ninety-day time period set forth in Code of Civil Procedure § 1094.6.

City of Santa Paula - City Council - City Council Regular Meeting 2

1. CALL TO ORDER
REMINDER: in order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.

2. INVOCATION

3. FLAG SALUTE

4. ROLL CALL

5. CLOSED SESSION REPORT

6. PUBLIC COMMENT
At this time, members of the public may comment on any item not appearing on the agenda that is within the subject-matter jurisdiction of the City Council. A Public Comment Form must be submitted to the City Clerk prior to the beginning of the Public Comment period in order to be recognized to speak. Individuals submitting Public Comment Forms after the beginning of the Public Comment period will not be allowed to speak at this time, but may be recognized to speak by the Mayor at the conclusion of the meeting. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. The City Council may direct staff to report to the City Council on the item at a later meeting. For items appearing on the Agenda, the public will be invited to make comments at the time the item comes up for City Council consideration. If a member of the public wishes to address a Consent Calendar item, please submit a Public Comment Form for that item. It may then be discussed separately by the Council, and the public will be invited to make comments at that time. At all times, please use the microphone and write your name and address on the Public Comment Form provided.

7. PRESENTATIONS

7.A JULY PARKS AND RECREATION MONTH PROCLAMATION

7.B POLICE DEPARTMENT QUARTERLY REPORT
RECOMMENDATION:

Staff Recommends that the City Council:
(1) Receive and file Police Department Quarterly Report, covering the period February 1, 2023, through April 30, 2023.

8. CITY COUNCIL REPORTS
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (805) 933-4208. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35, 102-35.104 ADA Title II). Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office.

REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3

9. CITY MANAGER REPORTS

10. CONSENT CALENDAR
Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.

10.A MAY 2023 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for May 2023, starting check number 334089 and ending check number 334309.

2. Review and accept the "Certification of Salaries" for the pay period ending dates May 5th, 2023 through May 19th, 2023.

10.B ALCOHOL ENFORCEMENT AGREEMENT FOR PROJECT 23-CUP-01, FULL MOON THAI INC. (DBA: DEE THAI CUSISINE) LOCATED AT 592 W.

MAIN STREET (TYPE 41: ON-SALE BEER & WINE - EATING PLACE) RECOMMENDATION:

Staff recommends that the City Council:

Approve the Enforcement Agreement for Project No. 23-CUP-01, Full Moon Thai Inc. (dba: Dee Thai Cuisine) at 592 W. Main Street.

10.C AMERICAN RESCUE PLAN ACT (ARPA) BUDGET ALLOCATIONS RECOMMENDATION:

Staff recommends City Council:

1. Adopt Resolution No. 7467 establishing partial funding obligations associated with the City’s disbursement of American Rescue Plan Act (ARPA) funds.

10.D PROFESSIONAL SERVICES AGREEMENT WITH HUNT DESIGN FOR A

CITYWIDE WAYFINDING PROJECT
RECOMMENDATION:

Staff recommends that the City Council:

Authorize the City Manager to execute a Professional Services Agreement with Hunt Design to design a wayfinding signage package for the City of Santa Paula in an amount not to exceed $60,000; in a form approved by the City Attorney.

City of Santa Paula - City Council - City Council Regular Meeting 4

10.E AUTHORIZATION TO SUBMIT A TRANSPORTATION CAPITAL

APPLICATION TO THE UNITED STATES DEPARTMENT OF

TRANSPORTATION (USDOT) FOR THE SAFE STREETS AND ROADS
FOR ALL (SS4A) GRANT PROGRAM
RECOMMENDATION:

Staff recommends City Council:

1. Adopt Resolution No. 7465 authorizing the City of Santa Paula's participation in the USDOT Safe Streets and Roads for All (SS4A) program.

10.F REQUEST FOR QUALIFICATIONS FOR CITYWIDE STREET

MAINTENANCE SERVICES
RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Citywide Street Maintenance Services.

10.G REQUEST FOR QUALIFICATIONS FOR CITYWIDE TRAFFIC SIGNAL

MAINTENANCE SERVICES
RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Citywide Traffic Signal Maintenance Services.

10.H REQUEST FOR QUALIFICATIONS FOR CITYWIDE UTILITY REPAIR AND

MAINTENANCE SERVICES
RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Citywide Utility Repair and Maintenance Services substantially in the form attached to this report as Exhibit A.

10.I REQUEST FOR QUALIFICATIONS FOR WATER SYSTEM SUPERVISORY

CONTROL AND DATA ACQUISITION (SCADA) MAINTENANCE

SERVICES
RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Water System Supervisory Control & Data Acquisition (SCADA) Maintenance Services substantially in the form attached to this report as Exhibit A.

10.J REQUEST FOR QUALIFICATIONS FOR WASTEWATER SYSTEM

SUPERVISORY CONTROL & DATA ACQUISITION (SCADA)

MAINTENANCE SERVICES
City of Santa Paula - City Council - City Council Regular Meeting 5 RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Wastewater System Supervisory Control & Data Acquisition (SCADA) Maintenance Services.

10.K FIRST AMENDED AND RESTATED COOPERATIVE AGREEMENT FOR

VALLEY EXPRESS TRANSIT SERVICE AGREEMENT
RECOMMENDATION:

Staff recommends that the City Council approve and authorize the City Manager to execute the First Amended and Restated Cooperative Agreement for Valley Express Transit Service.

10.L WATER RECYCLING FACILITY POLYMER SUPPLY AGREEMENT
RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute a 3-year contract with Polydyne Inc. for the supply and delivery of polymer for the Santa Paula Water Recycling Facility.

10.M SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH MERCHANT MCINTYRE AND ASSOCIATES FOR LEGISLATIVE

ADVOCACY SERVICES
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute a second amendment to the professional services agreement with Merchant McIntyre and Associates (MMA) for federal legislative advocacy services, extending the term through the end of fiscal year 2023/2024, from September 16, 2022 through June 30, 2024, and increasing the not-to-exceed amount to $96,000 + New Contract Amount.

10.N ON-CALL PROFESSIONAL CONSULTING SERVICES - QUALIFIED

CONSULTANTS LIST
RECOMMENDATION:

Staff recommends that the City Council approve the shortlist of prequalified firms to provide on-call professional consulting services for a variety of public work functions.

10.O AMENDMENTS TO VENTURA REGIONAL SANITATION DISTRICT

OPERATION AND MAINTENANCE CONTRACTS
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute Amendment No. 2 to VRSD Contract No. 21-004, Agreement for Wastewater Facility Operation, Management, and Maintenance Between City of Santa Paula and Ventura Regional Sanitation District (VRSD) contingent on VRSD Board City of Santa Paula - City Council - City Council Regular Meeting 6 approval.

2. Authorize the City Manager to execute Amendment No. 3 to VRSD Contract No. 19-005, Wastewater Collection System and Stormwater Sewer System Maintenance Agreement By and Between the City of Santa Paula and Ventura Regional Sanitation District (VRSD) contingent on VRSD Board approval.

10.P THIRD AMENDMENT TO UNION OIL BUILDING LEASE
RECOMMENDATION:

1. Authorize the City Manager to execute the Third Amendment to the Lease with Union Oil Company of California (Union Oil) contingent on the approval of Union Oil.

Presented by: Monica Castillo, Interim City Attorney

10.Q SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH TRIPEPI SMITH AND ASSOCIATES FOR MEDIA RELATIONS AND

PUBLIC INFORMATION SERVICES
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute a second amendment to the professional services agreement with Tripepi Smith and Associates (TSA) for media relations and public information services, extending the term from July 1, 2023 to June 30, 2024, and increasing the total not-to-exceed amount to $100,000.

10.R UNION OIL BUILDING PROPERTY SUBLEASE WITH VENTURA COUNTY

FIRE PROTECTION DISTRICT
RECOMMENDATION:

1. Authorize the City Manager to execute the proposed sublease with the Ventura County Fire Protection District contingent on the approval of Union Oil Company of California.

Presented by: Monica Castillo, Interim City Attorney

10.S MEMORANDUM OF UNDERSTANDING WITH SEIU, LOCAL 721
RECOMMENDATION:
(1) Approve Resolution No. 7460, approving the Memorandum of Understanding between the City of Santa Paula and the Service Employees International Union (SEIU) Local 721 for the period of July 1, 2023 through June 30, 2025.

10.T
2023-2025 MEMORANDUM OF UNDERSTANDING WITH THE

SUPERVISORY & PROFESSIONAL ASSOCIATION
RECOMMENDATION:
(1) Approve Resolution No. 7462, approving the Memorandum of City of Santa Paula - City Council - City Council Regular Meeting 7 Understanding between the City of Santa Paula and the Supervisory & Professional Association for the period of July 1, 2023 through June 30, 2025.

10.U

MEMORANDUM OF UNDERSTANDING WITH THE MID-MANAGEMENT

ASSOCIATION
RECOMMENDATION:
(1) Approve Resolution No. 7461, approving the Memorandum of Understanding between the City of Santa Paula and the Mid-Management Association for the period of July 1, 2023 through June 30, 2025.

10.V RESOLUTION NO. 7463 APPROVING EMPLOYMENT TERMS FOR

EXECUTIVE MANAGEMENT TEAM
RECOMMENDATION:

Adopt Resolution No.7463 approving employment terms for Unrepresented Employees, Executive Management, for the period of July 1, 2023 through June 30, 2025.

10.W APPROVAL OF EMPLOYMENT BENEFITS FOR UNREPRESENTED:

CONFIDENTIAL EMPLOYEES AND ADOTPION OF RESOLUTION NO.
7464 FOR THE TERM OF JULY 1, 2023 THROUGH JUNE 30, 2025 RECOMMENDATION:

It is recommended that the City Council:
(1) Adopt Resolution No.7464, approving employment terms for Unrepresented: Confidential Employees, for the period of July 1, 2023 through June 30, 2025

11. PUBLIC HEARING
Verification of posting notice by City Clerk
Declaration of conflicts (if any)
Declaration of ex parte contacts (if any)
Open public hearing
Staff presentation
Public comments
Close public hearing
Discussion and action

11.A
INTRODUCTION OF ORDINANCE NO. 1328 AMENDING CHAPTER 16.44

OF THE SANTA PAULA MUNICIPAL CODE TO RESTRICT THE USE OF

BARBED WIRE AND RAZOR-EDGED FENCES
RECOMMENDATION:

Staff recommends the City Council:

1. Open the public hearing;

2. Receive testimonial and documentary evidence from the public, if any; City of Santa Paula - City Council - City Council Regular Meeting 8

3. Close the public hearing; and

4. Introduce and waive first reading of proposed Ordinance No. 1328, entitled, "An Ordinance of the Santa Paula City Council Amending Chapter 16.21 of the Santa Paula Municipal Code to Include Restrictions on the Use of Barbed Wire and Razor-Edged Fences".

Presented by: Economic Community Development Director, James Mason

12. ACTION ITEMS

12.A COUNTY 150TH ANNIVERSARY SPONSORSHIP REQUEST
RECOMMENDATION:

Staff recommends City Council:

1. Consider a request to sponsor up to $25,000 of in-kind service costs for City services for the County of Ventura 150th Anniversary Celebration.

Presented by: Jonathan Royas, Management Analyst

12.B RESOLUTION APPROVING DIVERSITY EQUITY AND INCLUSION REPORT
RECOMMENDATION:

1. Adopt Resolution No.7470 approving the Diversity, Equity and Inclusion (DEI) Report, as developed by staff, and directing the Equity and Social Justice ad hoc committee to continue advising Council on the implementation of the DEI Report.

Presented by: Miguel Perez, Management Fellow

12.C CONSIDERATION OF AN AUTOMATED LICENSE PLATE READER (ALPR) POLICY AND THE WAIVER OF FORMAL BIDDING

REQUIREMENTS ALLOWING PURCHASE OF FLOCK SAFETY ALPR
CAMERAS FUNDED BY SLESA CAL-COPS FUNDS.

RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the addition of Policy 434 - Automated License Plate Readers (ALPRs) to the Santa Paula Police Department Policy Manual;

2. Waive formal bidding requirements to award Flock Group, Inc. a contract for ALPR equipment and services by finding its bid, though not the lowest, is required and desirable for the reasons given in the staff report; and

3. Authorize the City Manager to execute an agreement with Flock Group Inc., in the amount of $58,850 for the purchase of ALPR equipment and services.

Presented by: Don Aguilar, Interim Chief of Police

12.D AFFORDABLE HOUSING TRUST FUND OVERSIGHT COMMITTEE AND

OPERATIONAL GUIDELINES
City of Santa Paula - City Council - City Council Regular Meeting 9 RECOMMENDATION:

It is recommended that City Council:

Adopt Resolution No. 7466 to establish the Affordable Housing Trust Fund Oversight Committee and adopt Operational Guidelines; and Take such additional, related action that may be desirable Presented by: James Mason, Community & Economic Development Director

12.E APPROVAL OF THE SANTA PAULA CITY COUNCIL 2-YEAR STRATEGIC PLAN FOR 2023-2025
RECOMMENDATION:

Staff recommends City Council:

1. Receive a presentation from staff with an overview and status report of the 2021-2023 Strategic Plan and the proposed 2023-2025 Strategic Plan; and

2. Adopt Resolution No. 7468, establishing the City of Santa Paula Council 2- Year Strategic Plan for 2023-2025.

Presented by: Jonathan Royas, Management Analyst

12.F BUDGET ADOPTION: FISCAL YEARS 2023/24 & 2024/25
RECOMMENDATION:

Adopt Resolution 7471 to Approve the FY 2023/24 and FY 2024/25 Final Operating Budget for the City of Santa Paula and Adopting the FY 2023/24 and FY 2024/25 Capital Improvement Budget.

Presented by: Finance Director Christy Ramirez

12.G THIRD AMENDMENT TO THE CITY MANAGER EMPLOYMENT

AGREEMENT
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the Third Amendment to the City Manager Employment Agreement with Dan Singer.

2. Direct the Interim City Attorney to prepare a side letter agreement, or similar mechanism, to apply a cost-of-living adjustment ("COLA") to Mr.

Singer's base salary in parity with the COLA City grants to the Executive Management bargaining unit, if any.

Presented by: Monica Castillo, Interim City Attorney

13. ITEMS FOR FUTURE AGENDAS

14. ADJOURNMENT
City of Santa Paula - City Council - City Council Regular Meeting 10 State of California )-
County of Ventura )- ss
City of Santa Paula )-
I declare under penalty of perjury that I posted this City Council Agenda on the bulletin board near the front door of City Hall, 970 Ventura Street, Santa Paula, California.

On_________________ at______________Signed:_________________________ Julie Latshaw
City Clerk
City of Santa Paula - City Council - City Council Regular Meeting 11 To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Interim Police Chief
Subject: POLICE DEPARTMENT QUARTERLY REPORT
Date: June 21, 2023
Agenda Item: 7.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff Recommends that the City Council:
(1) Receive and file Police Department Quarterly Report, covering the period February 1, 2023, through April 30, 2023.

BACKGROUND:

For providing progress in several aspects of the Police Department, it is important to report quarterly to the City Council.

ANALYSIS:

In the past, the Chief of Police has provided quarterly reports to the City Council, highlighting key areas such as crime statistics, trends, grants status', dispatch response, achievements, and noteworthy events.

1. Crime Stats - Part I Crime Statistics

1. Quarterly Statistics

2. Year to Date

2. Calls for Service

1. Quarterly Comparison

3. Training

1. P.O.S.T. Audit

2. Desirable & Essential Training

3. Webinar Training

4. Department Project Upgrades Status

1. Station/City Hall parking lot Security Fencing

2. Mark 43 C.A.D. / R.MS. merger

5. Staffing

1. Recruitment for Police Commander

2. Recruitment for Police Cadet

3. Recruitment for Community Service Officer
12 6. Accomplishments

1. Dispatcher of the Year - Anabel Galvan

2. Explorer of the Year - Juan Navarette

7. Engagement

1. Main St. foot patrols

2. Cruise Nights

8. Police Centennial

1. Police Employees Luncheon

2. Centennial BBQ

3. History & Memorabilia display - Police Station
STRATEGIC PLAN:

The quarterly report provides a metric for Strategic Plan Goal E., Objective #2. E. Public Safety
Goal: Create an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating.

Objective 5: Create a Police Department Strategic Plan that aligns with the current Strategic Plan
FISCAL IMPACTS:

None
OPTIONS:

ATTACHMENTS:
13 To: Honorable Mayor and Members of the City Council
From: Beatriz Jimenez, Assistant Finance Director
Subject: MAY 2023 WARRANTS AND CERTIFICATIONS
Date: June 21, 2023
Agenda Item: 10.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for May 2023, starting check number 334089 and ending check number 334309.

2. Review and accept the "Certification of Salaries" for the pay period ending dates May 5th, 2023 through May 19th, 2023.

BACKGROUND:

This staff report certifies the separation of duties between the Preparer (Accounting and Payroll Specialist) and the Reviewer (Finance Director and Assistant Finance Director).

Presented in the attached documents:
a) CERTIFICATION OF ACCOUNTS PAYABLE CHECKS by check number range and dates.

It also discloses any voided checks.
b) EXPENSE REPORTS showing the amount and funds accounts payable came from.

The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for the vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check number (entitled 'number'). d) PY-PAYROLL for benefit payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type.
f) Fund Summary by fund the accounts payables utilized. 14 CERTIFICATION OF SALARIES
This is the certification (separation of duties between "preparer" and the "reviewer") of salaries and benefits (payroll checks) by fund. It lists salary (payroll) issued checks by beginning and ending check number, payroll ending dates May 5th, 2023 through May 19th, 2023.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

1. Receive and file May 2023 Certifications of Accounts Payable Checks and Certifications of Salaries.

ATTACHMENTS:

May 2023 Warrants and Certifications.pdf
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47 To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: ALCOHOL ENFORCEMENT AGREEMENT FOR PROJECT 23-CUP-01, FULL MOON THAI INC. (DBA: DEE THAI CUSISINE) LOCATED AT 592 W. MAIN STREET (TYPE 41: ON-SALE BEER & WINE - EATING PLACE) Date: June 21, 2023
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

Approve the Enforcement Agreement for Project No. 23-CUP-01, Full Moon Thai Inc. (dba:

Dee Thai Cuisine) at 592 W. Main Street.

BACKGROUND:

It is in the best interest of the citizens of the City of Santa Paula (the City) to monitor and control the sale of alcoholic beverages within the City. Enforcement Agreements have been successfully used by other California communities as a means to better monitor and enforce compliance with special conditions concerning alcohol sales.

Per SPMC Chapter 16.58 Alcoholic Beverage Sales, a Conditional Use Permit is required for alcohol sales. On May 23, 2023, the Santa Paula Planning Commission unanimously approved Resolution No. 3848 (Attachment B) for Project 23-CUP-01 “Dee Thai Cuisine” restaurant for a CUP to authorize a new California ABC Type 41: On-Sale Beer and Wine General - Eating Place for consumption on the licensed premises.

ANALYSIS:

The Conditional Use Permit (CUP) granted to the Applicant under Santa Paula Planning Commission Resolution No. 3848 is predicated upon execution of an Enforcement Agreement between the Applicants and the City.

SPMC Chapter 16.58 - Alcoholic Beverage Sales, 16.58.010(I) Development Standards and Use Conditions:

The property owner/operator/applicant and the City must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, 48 and other future owners/operators of the establishment, or must be replaced by a new similar agreement.

The agreement, as reviewed by the City Attorney, is provided as Attachment A.

STRATEGIC PLAN:

Assisting business with achieving operational goals addresses City Council Strategic Goal for Economic Development:

Enhancing the economic vitality of the community through measures targeted towards development and business retention and expansion and attraction, resulting in diverse housing options, increased revenue generation, job creation, and a business-friendly community.

FISCAL IMPACTS:

None
OPTIONS:

The following alternatives are available to the City Council:

1. Make changes to Enforcement Agreement.

2. Direct staff to obtain further information or the applicant to make any requested revisions to the project.

3. Deny the Enforcement Agreement. A denial would prohibit the sale of alcoholic beverages at the subject location.

ATTACHMENTS:

A - Enforcement Agreement
B - Plng Comm Reso 3848 & CofAs.pdf
C - Plng Comm SR.pdf
D - Vicinity Map.pdf
E - Floor Plan.pdf
F - Photos.pdf
49 ATTACHMENT A

ENFORCEMENT AGREEMENT
Between
The City of Santa Paula (the City)
And (the Applicant)
Full Moon Thai Inc.

For Project No. 23-CUP-01, “Dee Thai Cuisine”
592 W. Main Street, Santa Paula, CA 93060
for
California ABC Type 41 license (On-Sale Beer and Wine-Eating Place) June 21, 2023
This agreement is entered into by the undersigned on June 21, 2023, at the City of Santa Paula, Ventura County, California as a consequence of the following facts:

A. It is in the best interest of the citizens of the City of Santa Paula (the City) to monitor and control the sale of alcoholic beverages within the City; B. Per SPMC Chapter 16.58 - Alcoholic Beverage Sales, 16.58.010(I) Development Standards and Use Conditions:
“The property owner/operator/applicant and the City must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.”
C. On May 23, 2023 the Santa Paula Planning Commission unanimously approved Resolution No. 3848 for Project No. 23-CUP-01 “Dee Thai Cuisine”, for a CUP to authorize a new California ABC Type 41 license (On-Sale Beer and Wine-Eating Place), located at 592 W. Main Street;
D. The Conditional Use Permit (CUP) granted to the Applicant on May 23, 2023 by the Santa Paula Planning Commission per Resolution No. 3848 is predicated upon execution of an Enforcement Agreement between the Applicant and the City;
E. Enforcement agreements have been successfully used by other California communities as a means to better monitor and enforce compliance with special conditions concerning alcohol sales;
50 NOW THEREFORE, the parties agree to the following:

I) PUBLIC DOCUMENT
This Agreement is a public document. A copy of this Agreement must be kept at all times on the premises, and must be made available for review immediately upon request by law enforcement personnel and members of the public. Failure by the Applicant or employees of the Applicant to produce a copy of this Agreement when asked to do so by a law enforcement officer shall be deemed a violation of the Agreement.

II) CONDITIONS
Failure to comply with any of the conditions set forth below is a breach of this agreement and a violation of the CUP. Each failure by the Applicant to comply with any one condition listed below must be considered an individual and separate breach of this Agreement.
a) The Applicant and all licensees, sublessees, must adhere to the Conditional Use Permit (CUP) granted to the Applicant under Santa Paula Planning Commission Resolution No. 3848 (attached).
b) The Applicant and all licensees, sub lessees, must have a current, valid Alcohol Beverage Control license in order to serve alcoholic beverages. c) The Applicant and all licensees, sublessees, and their employees or agents who engage in the sale of on-site alcoholic beverages to the public must complete a course in Responsible Beverage Service (RBS) or equivalent such as Licensee Education on Alcohol and Drugs (LEAD), Learn2Serve (program may be done online) and in-restaurant training within thirty (30) days of the granting of a license and/or date of employment.
d) There must be no advertising of alcoholic beverages, or promoting or indicating the availability of alcoholic beverages, visible outside of the establishment, including advertising directed to the exterior from the interior. The foregoing must not be deemed to preclude interior advertising not directed to the exterior, but which is incidentally visible outside the establishment.
e) Sale and consumption of alcoholic beverages shall be governed by the California Department of Alcoholic Beverage Control license type, per California Business and Professions Code, Article 3. Rights and Obligations of Licensees § 23355 - 23405.4 as it relates to on-sale and off-sale alcoholic beverages, and, any other requirements per CA ABC.
f) A copy of these conditions must be maintained on the premises and made available upon the demand of any peace officer.
51 III) BREACH OF THIS AGREEMENT
A breach of any condition listed in Section II (Conditions) above is a breach of this Agreement and a violation of the Applicants' Conditional Use Permit (CUP), which may result in the amendment or revocation of the CUP. This Agreement shall be immediately terminated upon revocation of Applicant’s CUP.”

IV) ENFORCEMENT
For each breach of the Agreement, the Applicant must pay a fine of five hundred ($500.00). Each breach constitutes substantial and sufficient evidence for the Planning Commission to amend or revoke the Applicants' Conditional Use Permit.

In addition, the Police Department may stop the sale of alcohol for noncompliance with conditions or problems arising from the consumption of alcohol or entertainment.

V) ENFORCEMENT COSTS
Enforcement costs incurred by the City caused by noncompliance with the Agreement by the Applicant, and including but not limited to citations for violations, issuance and collection of fines or other penalties, and related administrative paperwork and bookkeeping, must be fully recoverable by the City from the Applicant based upon a schedule of fully allocated hourly rates.

VI) APPEALS
Any violation or breach by the Applicant of the Agreement may be appealed in writing to the Planning Commission. The appeal must be filed in the office of the Community and Economic Development Department within ten (10) calendar days of the notice of the violation(s) being sent. Failure to file a timely written appeal constitutes a waiver of any right of appeal. The appeal fee to the Planning Commission is required and is the responsibility of the appellant. The appeal fee is per the approved Fee Schedule in effect at the time of appeal filing.

VII) AMENDMENTS
No amendment, modification, or supplement to this Agreement shall be binding on any of the parties unless it is in writing and signed by authorized representatives of the parties in interest at the time of the modification.

VIII) BINDING EFFECT
Each and all of the provisions hereof must be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.
52 IX) FORCE MAJEURE
No party will be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party's reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party's financial condition or negligence).

X) WAIVER OF BREACH
No waiver of any provision or consent to any action will constitute a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth in writing. Any waiver given by a party shall be null and void if the party requesting such waiver has not provided a full and complete disclosure of all material facts relevant to the waiver requested.

XI) ENTIRE AGREEMENT
This Agreement and all Exhibits hereto, as well as agreements and other documents referred to in this Agreement constitute the entire agreement between the parties with regard to the subject matter hereof and thereof. This Agreement supersedes all previous agreements between or among the parties. There are no agreements, representations, or warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this Agreement.

XII) SEVERABILITY
If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof will be stricken from this Agreement, and such provision will not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision will be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

XIII) GOVERNING LAW
This Agreement will be governed by and construed under the laws of the State of California, irrespective of such state's choice of law principles.

XIV) CONSTRUCTION
The terms of this Agreement have been negotiated by the parties hereto and the language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent. This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under this Agreement. No rule or strict construction will be applied against any person.
53 XV) TRUTHFULNESS
The recitals set forth at the beginning of this Agreement of any matters or facts shall be conclusive proof of the truthfulness thereof and the terms and conditions set forth in the recitals, if any, will be deemed a part of the Agreement.

XVI) REPRESENTATION BY COUNSEL
Each party has been represented by counsel in the negotiation and execution of this Agreement. This Agreement was executed voluntarily without any duress or undue influence on the part of or on behalf of the parties hereto. The parties acknowledge that they have read and understood this Agreement and its legal effect. Each party acknowledges that it has had a reasonable opportunity to obtain independent legal counsel for advice and representation in connection with this Agreement. Each party further acknowledges that it is not relying on and it is not for the purposes of the negotiation, execution, and delivery of this Agreement, a client of the legal counsel employed by any of the other parties to this Agreement.

XVII) COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which must be deemed an original, but all of which together will constitute one and the same instrument.

This Agreement will not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine original signatures pages and consolidate them into a single identical original.

Any one of such completely executed counterparts will be sufficient proof this Agreement. 54 ENFORCEMENT AGREEMENT
Between
The City of Santa Paula (the City) and (the Applicant)
Full Moon Thai Inc.

For Project No. 23-CUP-01, “Dee Thai Cuisine”
592 W. Main Street, Santa Paula, CA 93060
for
California ABC Type 41 license (On-Sale Beer and Wine-Eating Place) June 21, 2023
Kay Anderson, CEO/Applicant
Full Moon Thai Inc.

Date:

CITY OF SANTA PAULA:

Dan Singer
City Manager
APPROVED AS TO FORM:

Monica Castillo
Interim City Attorney
55 ATTACHMENT A
RESOLUTION 3848
&
EXHIBIT A: CONDITIONS OF APPROVAL
56 RESOLUTION NO. 3848

A RESOLUTION OF THE SANTA PAULA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR PROJECT NO. 2023-CUP-01 TO ALLOW THE

SALE OF ALCOHOL IN COMPLIANCE WITH THE CALIFORNIA DEPARTMENT OF ALCOHOL AND BEVERAGE CONTROL TYPE 41 LICENSE PROVISIONS AT 592 W. MAIN STREET
The Planning Commission of the City of Santa Paula does resolve as follows:

SECTION 1: The Planning Commission finds and declares that:

A. On April 24, 2023, Kay Anderson on behalf of Full Moon Inc. (Business Owner) filed an application for Project No. 2023-CUP-01, a Conditional Use Permit to allow the sale of alcohol on-site in compliance with the California Department of Alcohol and Beverage Control Type 41 license provisions for Dee Thai Cuisine restaurant at 592 W. Main Street (APN: 102-0-160-295);
B. Per SPMC § 16.58.010, the sale of alcohol requires the issuance of a CUP; C. The Project was reviewed by the City’s Planning Division for, in part, consistency with the General Plan and conformity with the Santa Paula Municipal Code; D. The City Planning Division reviewed the project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated there under (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”; CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”); E. The Planning Division completed its review and scheduled a public hearing regarding the application before this Commission for May 23, 2023; F. On May 23, 2023, the Commission opened a public hearing to receive public testimony and other evidence regarding the application including without limitation, information provided to the Commission by the Applicant; and G. The Commission considered the information provided by City staff, public testimony, and the Applicant’s representative. This Resolution, and its findings, are made based upon the evidence presented to the Commission at its May 23, 2023 hearing including, without limitation, the staff report submitted by the Planning Division.

SECTION 2: Factual Findings and Conclusions. Pursuant to the SPMC Chapter 16 Development Code, the Planning Commission finds that the following facts exist:
57 A. The Applicant is requesting a Conditional Use Permit to allow the sale of beer and wine (ABC License - Type 41) with a restaurant use in the General Commercial (C-G) zone at 592 W. Main Street.

B. The business would operate under a California Department of Alcohol and Beverage Control Type 41 on-sale license.

C. The Project does not entail changes to the footprint of the existing building.

D. The sale of alcohol in conjunction with the restaurant on the property is not expected to have negative impact to surrounding properties nor the general neighborhood. The Applicant will also be required to comply with an Enforcement Agreement that will provide the Police with the ability to quickly respond to violations and ensure compliance with the conditions of approval. The land use is supportive of and will not negatively affect the demand of existing onsite services including city services.

E. The proposed use at the particular location is desirable to provide a service or facility which will contribute to the general convenience or welfare of the neighborhood or community because expanding the restaurant to include the on-site sale of alcohol is a service that is sought and enjoyed by a large segment of the community. The restaurant is also compatible with the existing, surrounding and planned land uses within the vicinity.

F. The characteristics of the project are not unreasonable or incompatible with the types of uses in the surrounding area, such as other restaurant and commercial uses located in the same shopping center. Any potential health and safety impacts have been addressed by requiring the applicant to comply with local and state regulations relating to serving alcohol. The applicant will be required to enter into an Enforcement Agreement with the Police Department to ensure compliance with conditions of approval and provide the Police Department with a mechanism should law enforcement need to close down the facility due to alcohol related incidents.

G. Adherence with the recommended Conditions of Approval, included herein, will ensure that the proposed Project will avoid health and safety risks to persons and/or property in the Project vicinity.

SECTION 3: General Plan and Zoning. The proposed project is consistent with the City’s General Plan and Title 16 of the SPMC as follows:

A. The Santa Paula General Plan (2040) land use designation for the property is Commercial General. The zoning district is General Commercial (C-G) which is consistent with the corresponding General Plan land use designation. The subject property is not within any overlay zones.

B. Pursuant to the General Plan (2040), the purpose of the Commercial General land 58 use category is for retail and services for the entire city, auto sales, and other highwayoriented commercial uses. Mixed-use commercial/residential and stand-alone residential is also permissible.

C. Pursuant to SPMC § 16.58.010(A) Development Standards and Use Conditions, “All new sales of alcohol, with the exception of temporary sales as specified in §

16.58.030, must obtain a Conditional Use Permit.”
D. The proposed business would operate under a California Department of Alcohol and Beverage Control Type 41 On-Sale Beer and Wine – Eating Place (restaurant) which authorizes the sale of beer and wine for consumption on or off the premises where sold. Must operate and maintain the licensed premises as a bona fide eating place.

Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises.

E. Pursuant to SPMC § 16.58.010(B) Development Standards and Use Conditions, a new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity.

The Project site is located in Census Tract 7.01 of the California Department of Alcoholic Beverage Control’s (ABC) license grid for the City of Santa Paula. According to Department of Alcohol and Beverage Control Census Tract 7.01 is allowed 8 on sale licenses and 5 exist. Therefore, according to ABC Census Tract 7.01, the project will not contribute to an undue concentration of on-sale licenses. [A1]
F. The proposed use is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan (2040), as mentioned above in Section 3:

General Plan and Zoning, particularly the following:
 Land Use Element, Community Character and Urban Form: LU1  Land Use Element, Balanced Land Use & Economic Opportunity: LU3  Land Use Element, Extended Business Hours: LU 5.4
 Economic Development and Downtown, Support Existing Businesses: EDD1.1 G. In accordance with SPMC § 16.58.010(C), the proposed use is not located within 300 feet of a school.

H. In accordance with SPMC § 16.58.010(D), the proposed use will not adversely affect adjacent or nearby properties. As conditioned, the proposed sale of beer and wine for consumption on-site (as opposed to off-site) is not anticipated to adversely affect nearby properties and is compatible with surrounding uses.

I. In accordance with SPMC § 16.58.010(E), as a condition of approval, the property will provide adequate trash and recycling receptacles.
59 J. In accordance with SPMC § 16.58.010(F), the proposed use will not disrupt resident’s sleep. There are not existing residential uses in the vicinity of the subject property.

K. In accordance with SPMC § 16.58.010(G), as a condition of approval, no signs advertising alcoholic beverages visible from the exterior of the business is permitted.

L. In accordance with SPMC § 16.58.010(H), as a condition of approval, the windows will be kept free of signs and other obstructions to allow for visual inspection from the outside.

M. In accordance with SPMC § 16.58.010(I), the property owner/applicant will be required to enter into an Enforcement Agreement with the City as a condition of approval.

Under Subdivision (I), for any use providing alcoholic beverage sales for either on-site or off-site consumption, the property owner/operator/applicant and the City must enter into an Enforcement Agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council.

The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.

SECTION 4: Conditional Use Permit. Pursuant to SPMC §16.218.040, the Planning Commission makes the following findings:

2. The characteristics of the proposed use are not unreasonably incompatible with the types of use permitted in the surrounding areas;
Consistent. The existing business is in harmony with the surrounding area because the intended use is commercial in nature, is supportive of a restaurant, and is compatible with the surrounding properties.

3. The proposed use is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan; and
Consistent. The proposed use is consistent with the relevant sections of the governing General Plan (2040), and, the Santa Paula Municipal Code, where applicable. A restaurant is a permitted use in the C-G zoning district and alcohol sales 60 is allowed with the approval of a CUP. Moreover, the proposed use is consistent with the objectives, policies, general land uses and programs of the General Plan (2040), particularly the following:
 Land Use Element, Community Character and Urban Form: LU1  Land Use Element, Balanced Land Use & Economic Opportunity: LU3  Land Use Element, Extended Business Hours: LU 5.4
 Economic Development and Downtown, Support Existing Businesses: EDD1.1

4. The proposed use will not, under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

Consistent. The proposed use will not be detrimental to the health, safety, or general welfare because as proposed and conditioned, the project will comply with all current Planning, Building & Safety, Public Works, Police and Development Code requirements.

5. In making the abovementioned findings, the Planning Commission has considered the following factors.
a. Possible damage or nuisance from noise, glare, smoke, odor, fumes, dust, or vibration;
b. Possible hazard to persons or property from explosion, contamination, or fire; and
c. Possible hazard or inconvenience caused by unusual volume or character of traffic
The sale of alcohol for on-site consumption at the restaurant is not likely to result in damage or nuisances; hazards from fire, explosion or contamination; or inconveniences caused by unusual traffic because, on its own, alcohol consumption does not result in any of the above circumstances. The proposed use will not significantly change the character of the use, where the building capacity of the restaurant limits the total number of persons at the property. Further, ample parking is available in the shopping center to accommodate the foreseeable traffic generated by the restaurant. The property will also be subject to all current Planning, Building & Safety, Public Works, Police and Development Code requirements. In addition, the mandatory Enforcement Agreement with the Police Department will ensure compliance with conditions of approval and provide the Police Department with a mechanism should law enforcement need to close down the facility due to alcohol related incidents.

SECTION 5: Environmental Assessment. The proposed Project is Categorically Exempt from the requirements of CEQA, pursuant to the Santa Paula Guidelines and CEQA Guidelines, §15301, (Class 1, Existing Facilities) since the project involves a request to 61 allow the on-site sale of beer and wine in conjunction with a restaurant use, and there will be negligible or no expansion of the restaurant use.

SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit “A,” which are incorporated into this Resolution by reference, the Planning Commission grants a Conditional Use Permit for Project No. 2023-CUP-01.

SECTION 7: This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to the Applicant and to any other person(s) requesting a copy.

SECTION 9: The action of the Planning Commission may be appealed to the City Council within ten (10) calendar days of said action. The appeal fee to the City Council is $5,000.

All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal constitutes a waiver of any right of appeal. 62 63

EXHIBIT A
RESOLUTION 3848 CONDITIONS OF APPROVAL
64 EXHIBIT A
RESOLUTION NO. 3848

CONDITIONS OF APPROVAL
Project No. 2023-CUP-01
Full Moon Inc.
592 W. Main Street - APN: 102-0-160-295
In addition to all applicable provisions of the Santa Paula Municipal Code (“SPMC”), Full Moon Inc. “(Applicant”) agrees for itself, its heirs and assigns that it will comply with the following provisions as Conditions for the City of Santa Paula’s Approval of Project No. 23-CUP-01 (“Conditions of Approval”).

I. GENERAL CONDITIONS

1. Awareness. The Resolution and these associated Conditions of Approval have been adopted with the knowledge, understanding and consent of the Property Owner/Applicant.

2. Compliance. The Property Owner/Applicant must comply with all applicable ordinances, codes, regulations, policies, and conditions (including those herein) and pay all applicable fees and assessments to the City.

3. Violation. The Property Owner/Applicant’s failure to comply with, or breach of, any Project Condition may result in the amendment or revocation of this Permit, or any related permits, or other enforcement action, as may be appropriate in the case. The City may undertake such acts and incur such expenses as it may consider necessary to effect compliance, the cost thereof including without limitation, administration costs and recoverable attorney’s fees, to be reimbursed by the applicant or current property owners, as may be appropriate in the case.

4. Scrutiny. This permit is subject to an ongoing review. If at any time valid, substantiated complaints are received, a public hearing may be held before the Planning Commission, at the sole discretion of the City, to determine if any condition or the permit should be modified, amended or revoked.

5. Assignment. The permit is granted for the subject Property only and is not transferable.

II. PLANNING

6. Appearances. The applicant must comply with the following:
a. Provide adequate trash and recycling containers to reduce litter; 65 b. No signs advertising any kind of alcoholic beverage, which will be easily visible from the exterior of the business; and
c. Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.

7. Enforcement Agreement. The Property Owner/Applicant and the City must enter into an Enforcement Agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council.

The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.

8. CA ABC License Required. Before the sale of alcohol may commence, the Applicant must obtain California Department of Alcoholic Beverage Control alcohol license Type 41 for the subject location at 592 W. Main Street.

9. CA ABC License Status. Within 7 calendar days of CA ABC status change, the Applicant must notify the Planning Division in writing of any change in the status of its CA ABC license, including any change in the type of license and/or permittee.

10.Applicant must provide specific training to employees on the methods to evaluate persons under the influence, properly refuse service, and to effectively conduct ID checks. Such training is regularly available throughout the region (i.e., Learn2Serve).

11.The applicant will be required to limit the sale of beer and wine to 10pm if nearby residents complain to the City that the volume from the restaurant causes complainants sleep disturbance between 10PM-7AM.

III. INDEMNIFICATION

12.Indemnification. The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising from the City’s approval of Project No. 2023-CUP-01.

Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Project No. 2023-CUP-01, the Applicant agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “the City” includes the City of Santa Paula’s elected officials, appointed officials, officers, and employees.
66 67

CITY OF SANTA PAULA

STAFF REPORT & RECOMMENDATION TO THE PLANNING COMMISSION TO: Members of the Planning Commission
FROM: Anna Arroyo, Assistant Planner
SUBJECT: 23-CUP-01, Conditional Use Permit to allow Alcohol Sales (Type 41: OnSale Beer and Wine – Eating Place) DATE: May 23, 2023
RECOMMENDED ACTION:

Staff recommends that the Planning Commission select Alternative No. 1 and adopt Resolution No. 3848 approving Conditional Use Permit No. 2023-CUP-01 to allow the right to sell alcohol in compliance with the California Department of Alcohol and Beverage Control Type 41 license provisions for Dee Thai Cuisine restaurant located at 592 W.

Main Street, subject to the conditions of approval.

SUMMARY:

APPLICATION
SUBMITTAL DATE: April 24, 2023

APPLICATION
COMPLETE DATE: May 1, 2023
SITE ADDRESS 592 W. Main Street GENERAL PLAN: Commercial APN: 102-0-160-295 UNIT AREA: 1,700 SF
ZONING: Commercial General
APPLICANT: Full Moon Thai Inc. (Business Owner)
PROPOSAL: Conditional Use Permit to allow the right to sell alcohol in compliance with the California Department of Alcohol and Beverage Control (Type 41: OnSale Beer and Wine - Eating Place).

CALIFORNIA

ENVIRONMENTAL
QUALITY ACT:

Staff has determined the project to be exempt from the California Environmental Quality Act (CEQA) Guidelines per § 15301, (Class 1, Existing Facility).

ENTITLEMENT
REQUEST: Conditional Use Permit
REQUIRED FINDINGS: Santa Paula Municipal Code (SPMC) Chapter 16.58, Alcoholic Beverage Sales; Conditional Use Permit: Chapter 16.218
68 DEVELOPMENT
CONTEXT: DIRECTION GEN PLAN ZONING CURRENT USE
Project Site Commercial
General
General
Commercial Restaurant
Abutting
Development North Commercial
General
General
Commercial UPS Store
West Residential Residential
Medium Density Residential
East Commercial
General
General
Commercial
Shopping Center
parking lot
South Commercial
General
General
Commercial
Hair salon
(Fantasy Cuts)
BACKGROUND:

Overview
The applicant is requesting a Conditional Use Permit (CUP) to allow the sale of alcoholic beverages in conjunction with a future restaurant use (Dee Thai Cuisine). Ms. Anderson on behalf of Full Moon Thai Inc. has a pending application with the California Department of Alcoholic Beverage Control (ABC), for a Type 41 license, On-Sale Beer and Wine - Eating Place license that authorizes the sale of beer and wine only for consumption on the licensed premises. The applicant must first obtain the City’s approval of a CUP prior to issuance of an ABC license.

The applicant is currently remodeling the interior of the building, which includes removal of the food warmer counters, new flooring, seating and paint.

ANALYSIS:

General Plan & Zoning
The proposed use is consistent with the General Plan and Zoning designations for the project site:
 General Plan (2040) Commercial General designation: Retail and services for the entire city, auto sales, and other highway-oriented commercial uses. Mixed-use commercial/residential and stand-alone residential is also permissible.  SPMC Title 16, General Commercial (C-G) zone: The C-G zone accommodates a broad range of retail and wholesale commercial enterprises, service uses, entertainment uses, offices and other businesses that serve both local and regional customer bases. Development may consist of stand-alone stores or coordinated commercial centers. Residential use is also permitted in this zone subject to the development standards contained in this chapter.
69 Required Findings
Per SPMC § 16.58.010 Alcoholic Beverage Sales
Any use providing alcohol beverages for on-site consumption is subject to the following standards and conditions on use:

A. All new sales of alcohol, with the exception of temporary sales as specified in Section 16.58.030 of this Chapter, must obtain a Conditional Use Permit.

The applicant has requested a Conditional Use Permit for a California Department of Alcohol and Beverage Control Type 41 On-Sale Beer and Wine – Eating Place.

B. A new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity.

The Department of ABC allows a maximum of eight on sale licenses within Census Tract 7.01. Currently there are five licenses in this area. According to ABC, Tract

7.01 is not over concentrated.

C. Except for temporary sales of alcohol, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours of 7:00 a.m. and 6:00 p.m.

The subject location is not within 300 feet of any public or private schools.

D. The proposed use must not adversely affect adjacent or nearby properties.

Based on required compliance with the conditions of approval herein, the sale of beer and wine for consumption on-site only is not anticipated to adversely affect nearby properties and is compatible with surrounding uses. The restaurant will be located within a shopping mall, which is compatible with restaurant uses which allow alcohol consumption on-site.

E. Adequate litter receptacles must be provided.

As a condition of approval, the applicant will provide adequate trash and recycling containers to reduce litter.

F. Where the proposed use is near residential uses, it must be limited in hours of operation, or designed and operated, so as to avoid disruption of resident’s sleep between the hours of 10:00 p.m. and 7:00 a.m.
70 The closest residential uses are to the west of the restaurant; approximately 130 feet from the rear of the restaurant building to the front property line of the homes on Elizabeth Ct. Proposed hours of alcohol sales are from 11AM-11PM MondaySaturday and 11AM-9PM Sunday. The only Entertainment is recorded music.

Should alcohol sales disturb the nearby residential uses sleep between the hours of 10PM-7AM, the applicant will be required to limit the sale of beer and wine to 10PM.

G. No signs advertising any kind of alcoholic beverage, including beer, which will be easily visible from the exterior of the business, will be permitted.

As a condition of approval, signs advertising alcoholic beverages which are easily visible from the exterior of the business will not be permitted.

H. Windows will be required to be kept free of signs and other obstructions to allow visual inspection from the outside.

As a condition of approval, windows will be kept free of signs or other obstructions.

I. The property owner/applicant and the City must enter into an Enforcement Agreement to facilitate the control of the sale of alcohol, inclusive of beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new agreement.

Before the applicant will be allowed to sell alcohol for on-site consumption, the applicant must comply with SPMC § 16.58.010 (I) and enter an Enforcement Agreement that is subject to review and approval by the City Council.

SPMC § 16.218.040 Conditional Use Permits
Planning Commission may approve and/or modify a Conditional Use Permit in whole or in part, with or without conditions, provided that all of the following findings of fact are made:

1. The proposed use at the particular location is necessary or desirable to provide a service or facilities that will contribute to the general convenience or welfare of the neighborhood or the community;
Consistent. The proposed use, on-site serving of alcohol is a service that contributes to the general convenience of the community by providing its customers with a service commonly found at a full service restaurant. This is a service sought after and enjoyed by a large segment of the community. 71 2. The characteristics of the proposed use are not unreasonably incompatible with the types of use permitted in the surrounding areas;
Consistent. The existing business is in harmony with the surrounding area because the intended use is commercial in nature, is supportive of a restaurant, and is compatible with the surrounding properties.

3. The proposed use is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan;
Consistent. The proposed use is consistent with the relevant sections of the governing General Plan (2040), and, the Santa Paula Municipal Code, where applicable. A restaurant is a permitted use in the C-G zoning district and alcohol sales is conditionally allowable. The characteristics of the proposal are neither unreasonably incompatible with the types of uses permitted. The proposed use is consistent with the objectives, policies, general land uses, particularly the following:
 Land Use Element, Community Character and Urban Form: LU1  Land Use Element, Balanced Land Use & Economic Opportunity: LU3  Land Use Element, Extended Business Hours: LU 5.4
 Economic Development and Downtown, Support Existing Businesses: EDD1.1

Consistent. The proposed use will not be detrimental to the health, safety, or general welfare because, as proposed and conditioned, the project will comply with all current Planning, Building & Safety, Public Works, Police and Development Code requirements.

5. In making the abovementioned findings, the Planning Commission has considered the following factors.
a. Possible damage or nuisance from noise, glare, smoke, odor, fumes, dust, or vibration;
b. Possible hazard to persons or property from explosion, contamination, or fire; and
c. Possible hazard or inconvenience caused by unusual volume or character of traffic
The sale of alcohol for on-site consumption at the restaurant is not likely to result in damage or nuisances; hazards from fire, explosion or contamination; or inconveniences caused by unusual traffic because, on its own, alcohol consumption does not result in any of the above circumstances. The proposed use 72 will not significantly change the character of the use, where the building capacity of the restaurant limits the total number of persons at the property. Further, ample parking is available in the shopping center to accommodate the foreseeable traffic generated by the restaurant. The property will also be subject to all current Planning, Building & Safety, Public Works, Police and Development Code requirements. In addition, the mandatory Enforcement Agreement with the Police Department will ensure compliance with conditions of approval and provide the Police Department with a mechanism should law enforcement need to close down the facility due to alcohol related incidents.

ENVIRONMENTAL REVIEW:

The proposed Project is Categorically Exempt from the requirements of CEQA, pursuant to the Santa Paula Guidelines and CEQA Guidelines, §15301, (Class 1, Existing Facilities) since the Project involves a request to allow the on-site sale of beer and wine in conjunction with a restaurant use, and there will be negligible or no expansion of the restaurant use.

PUBLIC NOTIFICATION:

A notice of public hearing was published in the Santa Paula Times in compliance with state law. Also, in compliance with the City’s Zoning Ordinance, all property owners within a 500-ft radius of the project site, were mailed notifications of the public hearing. As required by Resolution No. 3820 of the City Council, the project site was also posted with a sign at least eleven (11) days prior to the hearing.

ALTERNATIVES:

The following alternatives are available to the Planning Commission:

1. Adopt Resolution No. 3848 approving Conditional Use Permit No. 2023-CUP-01 to allow the right to sell alcohol in compliance with the California Department of Alcohol and Beverage Control Type 41 license provisions for Dee Thai Cuisine restaurant located at 592 W. Main Street, subject to the conditions of approval.

2. Continue the hearing in order to obtain further information or for the applicant to make any requested revisions to the project.

3. Deny the applicant’s request and direct staff to prepare a Resolution of Denial. 73 ATTACHMENTS:

A – Resolution & Exhibit A Conditions of Approval
B – CUP Questionnaire
C - Vicinity Map
D - Floor Plan
E – Site Photos
74 ATTACHMENT C

VICINITY MAP
75 76

ATTACHMENT D

FLOOR PLAN
77 78
23-CUP-01, 592 W. MAIN ST.- DEE THAI CUISINE- PHOTOS

ATTACHMENT E
PHOTOS
79 23-CUP-01, 592 W. MAIN ST.- DEE THAI CUISINE- PHOTOS 80 23-CUP-01, 592 W. MAIN ST.- DEE THAI CUISINE- PHOTOS 81 23-CUP-01, 592 W. MAIN ST.- DEE THAI CUISINE- PHOTOS 82 To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: AMERICAN RESCUE PLAN ACT (ARPA) BUDGET ALLOCATIONS Date: June 21, 2023
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Adopt Resolution No. 7467 establishing partial funding obligations associated with the City’s disbursement of American Rescue Plan Act (ARPA) funds.

BACKGROUND:

Like many municipalities across the country, Santa Paula has a unique and unprecedented opportunity to utilize Federal stimulus funds known as the American Rescue Plan Act (ARPA).

As a part of the $1.9 trillion package passed by the U.S. Congress and Senate and signed by the President, some $65.1 billion have been allocated to local jurisdictions, of which Santa Paula has received a total of approximately $7.1 million. Santa Paula’s funds are split into two allocations, known as tranches, with the first half in receipt as of July 2021, and the second half received in July 2022, for approximately $3.55 million each.

As a non-entitlement city with a population under 50,000, funds were disbursed to the City through the State. Additionally, unlike FEMA funds, the City is not required to seek reimbursement, rather the City’s allocation is sent in advance. Recipients must obligate all funds by December 31, 2024 and expend funds by December 31, 2026.

Over the course of the past two years, Council has held several public meetings to review multiple requests as well as robust lists of projects, programs and partnerships to guide Council’s discussion on proposed uses of ARPA funds, the most recent of which was on May 2, 2023.

Attached as Exhibit A, Council Authorized ARPA Projects / Programs / Purchases Funded, is an overview which outlines all Council approved ARPA budget allocations totaling $6,937,909.

Additionally, the first two columns identify the method used for Council's approval of funding for projects, programs and purchases that received funding from Tranche 1 and Tranche 2.

On May 02, 2023, Council conducted a public meeting and held a robust discussion regarding additional ARPA funding requests, reallocation's and allocating the remaining ARPA funds. 83 ANALYSIS:

Staff is returning with an adopting Resolution No. 7467, allocating the remaining ARPA funding as Council recommended on May 2, 2023, establishing partial funding obligations associated with the City’s disbursement of American Rescue Plan Act (ARPA) funds.

Moving forward with these allocations will allow staff the ability to begin working on the programs and projects identified in Exhibit A. As such, staff is asking Council to adopt Resolution No. 7467 allocating funding for the remaining programs/projects on the list identified in the resolution.

STRATEGIC PLAN:

Funding support for the projects and programs presented above will assist in moving several of Council's Strategic Goals forward as noted in Exhibit A.

FISCAL IMPACTS:

The allocation requests in Resolution No. 7467 include revenues and expenses Council has recommended and approved on May 2, 2023.

OPTIONS:

City Council has the following option available:

1. Do not approve certain budget resolution line items in Resolution No. 7467 for ARPA spending; however, doing so will put on hold those programs and projects which require funding to move forward.

ATTACHMENTS:

Exhibit A - Full ARPA Allocations_Projects Final.pdf
Resolution_7467_Amending_The_City_s_Operating_and_CIP_Budget_for_FY2022-23-1-

1.docx
84 EXHIBIT A - ARPA

PROGRAMS / PROJECTS &

ALLOCATION

RECOMMENDATIONS
85 Method of
Allocation
Method of
Allocation
Description Total Budget Total Available for
Reallocation
Reso 7351 City Council Event Support - Parks & Recreation Special Event Sponsorship Program for the for the purpose of supporting local festivals, parades and special events. $ 30,000
Reso 7351 Reso 7418 Grant Writing - Grant Writing funds to hire a professional grant writing firm to bolster staff's ability to respond to upcoming grant cycles. $ 84,000
Reso 7416 Clean Power Alliance - Fund paid for a feasibility study to determine if the City should join the Clean Power Alliance (CPA)
$ 10,000
Reso 7421 Interpretation Services - Funding to test out a pilot program for interpretation services at public meetings.
$ 10,000
Budget Parks & Recreation Community/Senior Center - Funding allows Senior Programming supplies, equipment, etc.
$ 14,000
Budget American Bloom - Funding to support downtown planter beautification efforts by American Bloom for FY21/22 & FY22/23
$ 40,000
Reso 7351 Mobile Activity Center - Funding to support a traveling Parks & Recreation Mobile Activity Center (MAC) which provides opportunities for youth throughout the community to participate in various spring/summer activities. $ 85,000
Reso 7351 Reduced/Waived Recreation Fees - Funding to provide residents reduced/waived Parks & Recreation fees coming out of the pandemic.
$ 25,000
Reso 7421 City Corps - Funding to support the purchase of startup equipment for City Corps such as canopies, recycling canes, pickers, gloves, tables, chairs, uniforms, etc. $ 15,000
Reso 7421 Reso 7381 Portable LED Lighting - Funds to purchase LED Portable Lights which can be used for public events, road work, Parks & Recreation activities, sports, etc. $ 25,000
Budget P&R Soccer Goals - Funds have been used to purchase Parks & Recreation soccer goals for Teague and Las Piedras Park.
$ 12,500 $ 1,395
Budget Parks Field Rentals - Funding for rental supplies and the purchase of a striping robot, equipment and paint for fields for sports activities. $ 20,000
Reso 7421 Electric Mower - Funds have been used to purchase a 72" electric riding mower to replace an older diesel mower.
$ 50,000 $ 785
86 Budget Reso 7421 User/DIF Fee Study - Funds will be utilized to complete a User Fee Study and Development Impact Fee (DIF) Study
$ 84,285
Reso 7381 Reso 7421 Downtown Beautification - Funding will be used to support downtown enhancements, amenities and beautification efforts such as wayfinding, tree wells, benches, lighting, new trash receptacles.
$ 175,000
Reso 7421 Homeless - Funding to assist with homeless encampment cleanup and/or assistance along the watershed basin, river bottom and rail corridor. $ 50,000
Budget Reso 7381 Economic Development - Funding to support various Economic Development and community engagement opportunities to bolster the Santa Paula economy such as downtown enhancement studies, increased communications with local businesses, funds for a new community Welcome Kit, business roundtable meetings, in person business counseling sessions, ribbon cutting ceremonies, advertising costs for Farmers Markets, community events, etc.
$ 80,000
Budget Heritage Valley Tourism - Funds to support the reestablishment of the Heritage Valley Tourism Bureau (HVTB) for FY22/23 and FY23/24
$ 20,000
Budget SPPD Radio Upgrades / Key Mgmt. System - Purchase of equipment to upgrade SPPD radio systems and implement a key security access system. $ 65,495
Reso 7421 Reso 7381 SPPD CAD System - Funding is supporting the purchase of a new Police Department Computer Aided Dispatch (CAD) System which is 24 years old. $ 218,000
Reso 7351 Anti-Vehicle Barriers - Funded the purchase of 18 Archer anti-vehicle barriers and a trailer to provide a safe and efficient method to close down and secure City streets during events such as downtown parades, events and festivals. $ 160,000 $ 215
Budget Public Relations - Funding to support a pubic relations firm in FY21/22 and FY22/23 to bolster communications efforts, assist with press releases/social media and to strategize with staff on outreach activities.
$ 115,000
Reso 7421 Green Infrastructure - Funds will be utilized to make investments in “green” infrastructure, charging stations, etc.
$ 50,000
Budget Reso 7421 Bike Master Plan - Funds will be utilized to support the creation of a citywide Bike Master Plan / Bike Assessment Study throughout the City. $ 50,000
Reso 7381 Banner Program - Funds were used to revitalize the downtown Banner Program, in partnership with the Property Business Improvement District (PBID), as well as the Military Banner program.
$ 10,000
87 Reso 7421 Skip Loader - Funds were utilized to purchase a skip loader for multi-department use in Public Works, Parks & Recreation, Water Division, Street Division, etc. $ 100,000
Reso 7351 FEMA Study - Funds will be utilized to hire a consultant to develop an alternative floodplain study to address deficiencies in current FEMA assessment of the City which places many residents in an unfavorable position, requiring those homeowners to purchase flood insurance.
$ 150,000
Reso 7342 Business Outreach - Funds were utilized to partner with the Chamber of Commerce to conduct business outreach with small business owners to inform them of a variety of grant programs to bounce back from the effects of the pandemic. $ 10,000
Reso 7381 Community Nonprofits - Funds were used to fund a Nonprofit Emergency Relief Grant Fund which provided funding support to 10 local nonprofits who served the Santa Paula community during the pandemic.
$ 250,000
Reso 7421 Street Improvement Funding/Pavement Management Plan (PMP) - Funding will be utilized to upgrade/replace traffic signals at the intersections of Palm/Peck in conjunction with the Harvard Blvd. project as part of the Street Improvement Funding/Pavement Management Plan (PMP).
$ 553,010
Reso 7421 MESA Tanks - Funding will be utilized for the replacement of two water tanks known as the MESA Tanks.
$ 1,500,000
Reso 7366 Harvard Blvd. Project - Funding to assist with the Harvard Blvd. Water/Sewer and Pavement Improvement Project
$ 1,500,000
Reso 7421 SPPD Remodel - Funding will be utilized to support building upgrades and security enhancements to the SPPD facility.
$ 150,000
Reso 7421 Community Center - Funding will be used in conjunction with $100K in County ARPA funding to remodel the restrooms and lobby at the Community Center. $ 100,000
Reso 7342 WRF Equipment - Funding used to purchase replacement equipment at the Water Recycling Facility (WRF) when former operator ceased operations. $ 90,000
Budget Fleet Shop - Funded the installation of insulation in the fleet shop and upcoming heating upgrades.
$ 33,000
Reso 7381 Reso 7421 Eucalyptus Tree Removal & Tree Replacement - Removal and pruning of trees throughout the City.
$ 200,000
88 Reso 7421 Train Depot - Funds will help with facility repairs to the Train Depot which could include 2nd story improvements, structural repairs, and deck repairs. $ 100,000
Budget LRSP Grant - Funds will provide the local match required to complete a citywide Local Road Safety Plan (LRSP) grant which will allow the City to seek further grant funding opportunities for our roads.
$ 20,000
Budget City Bldg Lighting Retrofit - Funds will support the installation of new lighting and energy efficiency measures throughout the City.
$ 74,000
Reso 7366 ADA Study - Funding to conduct an ADA Self Evaluation Transition Plan study. $ 21,619 Total $ 6,349,909
Projects / Programs / Purchases Requiring Adjustments
Budget Temp Personnel - During the two-year budgeting process for FY21/22 and FY22/23, staff budgeted $15,000 to hire temporary Public Works personnel. $ 15,000 $ 15,000
Budget Code Compliance - During the two-year budgeting process for FY21/22 and FY22/23, staff budgeted $70,000 for code enforcement contract services. $ 40,000 $ 40,000
Reso 7386 Lobbying Efforts - To hire federal lobbyists to assist with earmark requests. $ 30,000 $ 30,000 Budget Transfer to Mobile Home Fund - During the two-year budgeting process for FY21/22 and FY22/23, staff budgeted $20,000 for contractual services related to the Mobile Home fund.
$ 20,000 $ 20,000
Reso 7342 Reso 7351 Employee Enhancements - Funds provided a one time premium payment to city employees who were deemed essential workers throughout the entirety of the pandemic and were asked to have their benefits and pay reduced when the City was concerned with large losses in revenues due to the pandemic. $ 168,000 $ 10,681
Reso 7421 Internship Programs - Funding to support Lead for America Fellow Program, AmeriCorps or internal internships
$ 15,000 $ 5,000
Reso 7351 Boys & Girls Club - Funding to remodel the bathroom facilities at the Boys & Girls Club Building
$ 300,000 $ 200,000
Total ARPA Funds Allocated to Date $ 6,937,909
Total ARPA Funds Received $ 7,130,228
Unused ARPA Funds $ 192,319
89 Possible ARPA Funds Available for Reallocation $ 323,076 Total Possible ARPA Funds Available $ 515,395
ARPA Projects / Programs / Purchase Spending Requests for Council Consideration Strategic Plan Boys & Girls Club Kitchen Remodel - Jan Marholin has secured $100,000 in funds from Ventura County Child Development Resources (CDR) and would use those funds in conjunction with an estimated $160,000 to complete a needed kitchen remodel which plans have already been drawn up for. Additionally, the building was recently red tagged during the weather related storms and requires improvements.
$ 100,000
Boys & Girls Club Storm Improvements - The building has weather related storm drainage issues and may require improvements. Any unused funding will be dedicated to the kitchen remodel project.
$ 40,000
Customer Service Enhancements - Funding will assist with customer service enhancements, enhanced payment options and the transition to new utility bills.

This item could be funded through the enterprise fund.
$ 17,489
Surveillance Cameras - Funding will support the replacement and installation of approx. 30 surveillance cameras throughout the City to assist with monitoring school zones, key intersections, public facilities, persons of interest or missing persons. Any substantial amount of funding would move this effort forward. $ 35,000
Strategic Plan 2023-2025
Special Event Sponsorship Program - Would fund an additional year of funds for the Parks & Recreation Special Event Sponsorship Program for the for the purpose of supporting local festivals, parades and special events. This funding, inclusive of unspent ARPA funds from the first $30,000 allocation, would support the program for FY23-25.
$ 30,000
Façade Improvement Program - The PBID Board in June 2022 voted to set aside $50,000 of their funds to partner with the City towards the implementation of a Façade Improvement Program. The PBID is looking to Council for support of this initiative to assist with this effort.
$ 50,000
*ADA Study - Additional funding is currently required to complete the ADA Self Evaluation Transition Plan study of which Council originally set aside $21,619. $ 25,406
90 *Lobbyist Reallocation - On March 1, 2023 and May 4, 2023, Council set aside $100,000 to cover the costs of two consulting firms assisting the City with the Districting efforts. Staff is proposing swapping a portion of the General Fund allocation for Districting (which is an eligible ARPA expenditure under revenue loss) to cover previously approved ARPA expenditures deemed ineligible. Those items are $12,000 in lobbying costs and $5,000 to cover the startup costs for a Cultural Arts Collective.
$ 5,000
City Facilities Master Plans - Pursue long term options and Master Plans for the Corporate Yard/Water and City Hall Campus improvements. Estimated $50,000 per facility.
$ -
Strategic Plan 2023-2025
Downtown Lighting/Safety - Improve and maintain lighting and safety measures in alleys and parking lots within the downtown keeping in mind historical aesthetics. (GP EDD 4.c.) Budget TBD
$ -
Strategic Plan 2023-2025
Navigational Signage - Attract "pass-through" traffic by improving and implementing new wayfinding or "gateway" signage throughout the City and SR126 to promote business and tourist opportunities. Study. Request partnerships w PBID.
$ 50,000
Strategic Plan 2023-2025
Public Art/Mural/QR Codes - Support public art and the mural program with one mural, pursue methods to increase funding, and pursue the integration of technology with QR codes for historical buildings/murals. $ -
Strategic Plan 2023-2025
Senior Master Plan - Develop a Senior Master Plan. $ 15,000 Strategic Plan 2023-2025 Youth Facilities - Explore expansion of youth facilities and resources. $ 20,000 Strategic Plan 2023-2025 Recreational Facilities - Explore options for community recreational facilities (i.e. dog park, pickle ball court).
$ - Strategic Plan 2023-2025
Banners - The current allocation of ARPA funds for the banner program are almost completely spent and were used to revitalize the downtown Banner Program, in partnership with the Property Business Improvement District (PBID), as well as the Military Banner program. Several streets (Mill St. and 10th St.) currently do not have banners. There is an opportunity in the coming months to partner with the County and Cultural Arts Collective related to the County 150th anniversary to have a citywide youth art exhibition displayed through the downtown banners. Funding will help maintain our existing banners and support additional banner projects such as this.
$ 7,500
91 SPPD Remodel - While Council has set aside $150K of ARPA funding, any additional funding will allow RCW to complete necessary reconfiguration, security enhancements, and upgrades that will help accommodate the department's growth and extend the life of the station by at least 15-20 years. We have $1.35 million set aside for this project, yet the entire project is estimated to cost $2.5 million. As a result, the project has been broken up into 6 phases with 2-3 years of work. The more funding allocated will dictate how many phases can move forward. $ 100,000
Strategic Plan 2023-2025
Programs/Projects which would require ongoing budgeted funding Intranet Services - Staff is researching efforts related to an internal intranet to improve internal communication, increase efficiencies within the organization, assist with records management, provide flexibility with enhanced security for remote work (should it be required) and improve employee engagement. These funds would provide seed money to help move this effort forward, however ongoing costs would need to be budgeted for in future years as it would require annual costs.
$ -
EnerGov Consultant - Hire a consultant to impliment "turn on" previously budgeted permitting software to streamline the application and permitting processes for businesses.
$ 20,000
Strategic Plan 2023-2025
CRM Database - Explore options for CRM database to enhance communications with residents.
$ - Strategic Plan 2023-2025
Emergency Communications - Explore technology and increase subscribership with emergency communications to enhance disaster-preparedness efforts. $ -
Strategic Plan 2023-2025
Total Possible ARPA Funds Available $ 515,395
Total Requests $ 515,395
Difference $0
92 RESOLUTION NO. 7467

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA, CALIFORNIA, AMENDING THE CITY’S OPERATING AND CIP BUDGET FOR FISCAL YEAR 2022/23.

SECTION 1: The City Council for the City of Santa Paula does resolve as follows:

A. The City Council adopted the Operating Budget and Capital Improvement program for Fiscal Year 2022/23 on June 23, 2021,
B. The Fiscal Year 2022/23 Budget revenues have increased by $3.5 million in FY 22/23 due to additional funding made available by the American Rescue Plan Act (“ARP”),
C. The Council discussed various ways to allocate the ARPA funds in various study sessions over the past sixteen months.

D. Previous budget allocations ARPA funds for Fiscal Years 2020/21 and 2021/22 were approved by Council via Resolutions 7342, 7347, 7351, 7352, 7366, 7381, 7416, and 7418.

SECTION 2: The City Manager has proposed a budget adjustment as described in the Council report dated June 21, 2023 for Fiscal Years 2022/23 based direction provided by the City Council during the study session.

SECTION 3: The City Council has reviewed the proposed budget for use of a portion of the ARPA funds and does hereby find the recommendation to be necessary and in the City’s best interest.

SECTION 4: The City of Santa Paula’s operating and CIP Budget for Fiscal Year 2022/23 is hereby amended as follows:

GENERAL LEDGER USE OF FUNDS DESCRIPTION INCREASE DECREASE 412-4-7500-4277 Unallocated ARPA Funds $ 192,319
412-5-1532-610 P&R Soccer Goals $ 1,395
412-5-4502-610 Anti-Vehicle Barriers $ 215
412-5-1532-610 Electric Mower $ 785
412-5-5011-227 Temp Personnel $ 15,000
412-5-3002-209 Code Compliance $ 40,000
412-5-0511-209 Lobbying Efforts $ 30,000
412-5-7501-758 Transfer to Mobile Home Fund $ 20,000
412-5-7501-199 Employee Enhancements $ 10,681
93 412-5-0512-227 Internship Programs $ 5,000
412-5-1501-660 B&G Club Bathroom Remodel $ 200,000
412-5-XXXX-XXX
B&G Club Kitchen Remodel/Storm
Improvements
$ 140,000
412-5-XXXX-XXX Customer Service Enhancements $ 17,489
412-5-XXXX-XXX Surveillance Cameras $ 35,000
412-5-0501-323 Special Event Sponsorship Program $ 30,000 412-5-XXXX-XXX Façade Improvement Program $ 50,000
412-5-9XXX-295 ADA Study $ 25,406
100-5-0504-203 Districting Efforts $ 5,000
412-5-XXXX-XXX Navigational Signage $ 50,000
412-5-XXXX-XXX Senior Master Plan $ 15,000
412-5-XXXX-XXX Youth Facilities $ 20,000
412-5-XXXX-XXX Banners $ 7,500
412-5-XXXX-XXX SPPD Remodel $ 100,000
412-5-XXXX-XXX EnerGov Consultant $ 20,000
SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.

PASSED, AND ADOPTED, this 21st day of June, 2023.
_____________________
Andy Sobel, Mayor
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Monica Castillo, Interim City Attorney
Approved as to content:
_______________________________
Dan Singer, City Manager
94 To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: PROFESSIONAL SERVICES AGREEMENT WITH HUNT DESIGN FOR A

CITYWIDE WAYFINDING PROJECT
Date: June 21, 2023
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

BACKGROUND:

City staff has been seeking to address the challenge of enhancing the City’s public spaces and improving the overall experience for residents and visitors alike. One significant aspect of achieving this goal is the implementation of a comprehensive wayfinding system that provides clear and effective navigation throughout the city.

In September 2022 staff initiated a Request for Proposal process to identify a design consultant to assist the city in developing a wayfinding program. Four firms were identified that had experience with wayfinding programs in California. Of the four companies two declined to submit proposals and two firms submitted proposals at the October 19, 2022 deadline, Hunt Associates and RSM Designs. Further activity on the review of proposals and selection of a consulting firm were delayed until the new City Council seats were established following the November 2022 elections and until new appointments to boards and commissions were finalized. In March 2023 the City established a Wayfinding Committee tasked with identifying a qualified design firm to develop and implement a comprehensive wayfinding solution.

The Wayfinding Committee is comprised of representatives from the following Committees/Commissions: City Council, Planning Commission, Design Review Committee, Senior Commission, Parks and Recreation Commission, Chamber of Commerce, and the Property Business Improvement District. The Wayfinding Committee reviewed the two proposals and conducted a thorough evaluation of each firm's qualifications, experience, and creative approach to wayfinding design. Following interviews with both companies, the Wayfinding Committee unanimously recommended Hunt Design as the preferred candidate to undertake the development and implementation of the city's wayfinding system. 95 ANALYSIS:

Hunt Design has extensive experience in wayfinding design. The Committee appreciated their comprehensive understanding of the unique needs and characteristics of Santa Paula, and their innovative approach to creating visually engaging and user-friendly wayfinding systems.

The firm demonstrated a thorough understanding of the City's vision for the project and presented a detailed plan that aligns with Santa Paula's aesthetic, cultural, and historical context. Hunt has conducted similar wayfinding programs in more than 35 cities and districts in California. As part of their services Hunt will design city entry signage, vehicular directional signs, downtown pedestrian directory signs, downtown public parking directional signs, and a public service reader board. Exhibit A to the new contract (Attachment A) outlines the project work plan fee and Exhibit B is Hunt Design’s proposal, including the scope of work they offer.

The recommended contract is for an amount not to exceed $60,000.

STRATEGIC PLAN:

1. Economic Development
Goal: Enhance the economic vitality of the community through measures targeted towards development and business retention and expansion and attraction, resulting in diverse housing options, increased revenue generation, job creation, and a business-friendly community.

Objective 2. Downtown beautification – Effectuate visual and physical improvements to the historic downtown corridor, to include public amenities, improved signage, façade improvements, and safety measures.

Metrics. Develop a schedule for completion of suggested improvements, based on priority, and present periodic updates to the Property Business Improvement District (PBID) and City Council. Schedule, milestones, projects (number of facades improved, number of wayfinding signs installed, etc.)
Objective 10. Create a welcoming environment to attract “drive-by” or “pass-through” traffic by identifying or building out key locations, access points and traffic circle islands where murals, landscaping, wayfinding signage or decorative fencing can be utilized.

Metrics. Specific locations for improvements and related costs within the 2021-22 fiscal year.

2. Community Vitality
Goal: Provide the residents of Santa Paula with sustainable resources and programs to make this a great place to live and grow.

Objective 4. Improve wayfinding signage throughout the City and SR126 to help guide visitors in a friendly and informative way.

Metrics. By Spring 2022 have a comprehensive wayfinding program defined with critical locations installed. The full program will expand as budget allows.

FISCAL IMPACTS:
96 The cost of the proposed contract is $60,000. A funding request is included in the Proposed Budget for FY 2023/24 (100-5-3002-209).

OPTIONS:

As an alternative to Staff's recommendation, the City Council may:

1. Choose not to enter into this contract; however, this may hinder improving the economic development and mobility within the City.

ATTACHMENTS:

ATTACHMENT_A_Santa_Paula__Professional_Services_Agreement__Hunt_6-2023_- 41384258-v2-c1.docx
HUNT WAYFINDING PROPOSAL - compressed.pdf
97 -1- PROFESSIONAL SERVICES AGREEMENT

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
98 -2- PROFESSIONAL SERVICES AGREEMENT

CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of June, 2023, by and between the City of Santa Paula, a municipal corporation organized under the laws of the State of California with its principal place of business at 970 Ventura Street, Santa Paula, CA 93060, County of Ventura, State of California ("City") and Hunt Designs, a Limited Liability Partnership incorporated in California with its principal place of business at 88 North Fair Oaks Avenue #105, Pasadena, CA 91103 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing Wayfinding services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Citywide Wayfinding project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Wayfinding consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2024 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one-year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth 99 -3- PROFESSIONAL SERVICES AGREEMENT
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed SIXTY-THOUSAND DOLLARS ($60,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a schedule of anticipated performance.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:

Community and Economic Development Department Director, and Planning and Economic Development Manager

3.3.5 City's Representative. The City hereby designates the Director of the Community and Economic Development Department, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement.

The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates John Temple, Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
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3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed 102
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a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. To the extent applicable, Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 103
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3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage 104
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reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that 105
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such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
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(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll 107
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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or 108
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volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Hunt Design
88 North Fair Oaks Avenue #105
Pasadena, CA 91103
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ATTN: John Temple, Principle
City: City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
ATTN: Community & Economic Development Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, 110
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it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the 111
-15- PROFESSIONAL SERVICES AGREEMENT
Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 112
-16- PROFESSIONAL SERVICES AGREEMENT

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the [SIGNATURES ON NEXT PAGE]
113
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA AND

HUNT DESIGN
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

CITY OF SANTA PAULA HUNT DESIGN
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dan Singer,
City Manager
Approved as to Form:
_____________________________________
Monica Castillo,
Interim City Attorney
Attested By:

Julie Latshaw,
City Clerk
114
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
To clarify the scope of work as described in the RFP and addendum, we restate our understanding of the scope in our own words based on substantial experience with similar assignments. Each of the sign elements listed below may have a place within the overall City wayfinding, as well as the separate Old Town Santa Paula and TOD Packing House District packages. Determination of which elements are appropriate for each condition will resolved during planning and design phases.

Scope areas and elements for design, study and recommendation • City entry signage
• Vehicular directional signs
• Downtown pedestrian directory signs
• Downtown public parking directional signs
• Public service reader board
Scope of Services
Task 1 – Survey, Assessment and Schematic Design

1.1 Conduct a kick-off meeting with Santa Paula Sign Program Committee to help clarify the goals of the program, identify likely issues and challenges.

1.2 Review and develop a working knowledge of Santa Paula; its circulation, community history, culture, arts, commerce and architectural elements.

1.3 Conduct a review, assessment and inventory of existing wayfinding signage throughout the City. Analyze vehicular and foot traffic to understand how people move around the City.

Provide recommendations for use of existing poles (where applicable).

1.4 Identify primary circulation routes and decision points leading to public amenities and parking, for drivers, pedestrians and cyclists.

1.5 Review Santa Paula branding and use in environmental graphic applications.

1.6 Review requirements of all authorities holding jurisdiction, including federal, state and local, to determine basis-of-design for all wayfinding signage.

1.7 With input from Sign Program Committee, create list of attractions and destinations for inclusion on wayfinding signs. Develop hierarchy of destination list and criteria for inclusion on vehicular signs, and pedestrian directories.

1.8 Develop preliminary sign location plan to identify key signage locations and quantities for new signage program and identify existing signage locations for removal. 115
Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT

1.9 Develop preliminary schematic design concepts to express the wayfinding strategy. Explore visual form for each of the five sign types. Included will be studies of size, scale, typeface, color, branding, material, sequence, and relationship to architecture, landscape and streetscape elements. Consider historic, contextual and environmental qualities in design process. Develop up to three signage system concept options.

1.10 Prepare preliminary cost estimate using in-house estimator and 3rd-party industry sources.

1.11 Present the schematic design options and the preliminary sign location map to Sign Program Committee.

Work Products: Sign survey and inventory; Preliminary destination list for City and Districts; Branding evaluation; Preliminary signage design concepts.

Timeline: Anticipated duration of Task 1 is 4 to 5 weeks from NTP.

Task 2 – Program Design and Development

2.1 Refine best of conceptual designs into recommended design direction based on input from Sign Program Committee.

2.2 Refine criteria for and continue to develop list of likely wayfinding destinations—drawing from cultural, historic, recreational and even commercial places.

2.3 Present the Developed Design and sign program refinements at up to two (2) meetings.

2.4 Refine preliminary cost estimate. Prepare statement of Probable Cost for fabrication, installation and maintenance.

2.5 Based on input and refinement from the Sign Program Committee and Stakeholder Groups, revise sign type design and locations and prepare final draft of Santa Paula wayfinding program.

2.6 Prepare final presentation showing design intent and present to City Council for approval of design and overall program.

Work Products: Developed plan and design recommendations; Presentation to Council.

Timeline: Anticipated duration of Task 2 is 6 to 8 weeks from completion of Task 1.

Task 3 – Bid Documents

3.1 Upon approval by City Council, Hunt will prepare design-intent drawings and specifications of the signage and graphics elements to 75% level for review. • 75% Sign location plans
• 75% Design Intent drawings (elevations, necessary sections, construction & installation details, and copy layouts)
• 75% Specifications
• 75% Signage matrix with sign wording for all signage and graphics elements 116
Exhibit “A”-3 PROFESSIONAL SERVICES AGREEMENT

3.2 Hunt will incorporate City’s comments and prepare fully developed design-intent drawings and specifications of the signage and graphics elements to 100% level to solicit formal bids. • 100% Sign location plans
• 100% Design Intent drawings (elevations, necessary sections, construction & installation details, and copy layouts)
• 100% Specifications
• 100% Signage matrix with sign wording for all signage and graphics elements Work Products: 75% Bid Documents and 100% Bid Documents.

Timeline: Anticipated duration of Task 3 is 6 to 8 weeks from completion of Task 2.

Task 4 – Construction and Support Services

4.1 Assist in review bids from sign contractors for adherence to scope. Review suggested alternates.

4.2 Review RFIs, shop drawings, color and materials samples, mock-ups and other submittals provided by the sign contractor.

4.3 Assist in administration and inspection for installation of key typical signage elements.

4.4 Conduct sites visit to inspect signage installation. Two site visits assumed.

4.5 Prepare “punch list” of items requiring post installation attention by sign contractor.

Work Products: RFIs responses; Submittal review; Inspection reports; Punch list.

Timeline: To be determined based on sign contractor schedule.

Notes to scope:

As allowed for in the City’s response to Hunt Design’s question, Hunt is proposing that any structural design and calculations be excluded from the design scope of services and that those services be provided by the sign contractor prior to pulling permits. Having a sign contractor provide structural engineering is the process by which nearly all of Hunt’s projects are produced and installed. Similarly, any electrical engineering or coordination associated with the gateway sign elements should be performed by the sign contractor during their shop drawing and permitting process.
117
Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT
118
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
119
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] 120

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137
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: AUTHORIZATION TO SUBMIT A TRANSPORTATION CAPITAL

APPLICATION TO THE UNITED STATES DEPARTMENT OF

TRANSPORTATION (USDOT) FOR THE SAFE STREETS AND ROADS
FOR ALL (SS4A) GRANT PROGRAM
Date: June 21, 2023
Agenda Item: 10.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Adopt Resolution No. 7465 authorizing the City of Santa Paula's participation in the USDOT Safe Streets and Roads for All (SS4A) program.

BACKGROUND:

The Safe Streets and Roads for All (SS4A) program is a newer federal program provided through the Infrastructure Investment and Jobs Act / Bipartisan Infrastructure Law (IIJA/BIL) and is broadly described as a federal discretionary funding program for Vision Zero-type transportation safety projects.

The program awards grants on a competitive basis to localities nationwide (states are not eligible applicants under SS4A). Any local government may apply, but localities are limited to one application (and potential award) per submission cycle. Submissions go directly to USDOT and are not filtered through state departments of transportation. There are four submission cycles left with the next round of submissions due July 10, 2023.

The program provides $1 billion in funding annually for the next four years, beginning in FY 2022. Approximately 40% of project funding in FY 2022 went to localities requesting funds to create safety “Action Plans” that identify capital or operating projects for implementation.

Remaining funds went to “Implementation” awards funding up to 80% of capital or operating funds for a project in localities that have already completed associated planning.

Since SS4A is an annual grant program with at least three more planned award cycles after July 10, the City of Santa Paula plans to maximize opportunities for funding throughout the lifespan of the program, however, the first step is applying for an Action Plan (Plan) grant.

Approval is required to submit applications for most external transportation funding programs. 138
In particular, applications to the SS4A program require a resolution of support from the relevant governing body.

ANALYSIS:

The attached resolution (Exhibit A) authorizes and directs that an application be submitted to the United States Department of Transportation (USDOT) for the SS4A program. Staff proposes applying to this program and seeking $280,000 in funding for a Plan grant which would allow the City to obtain the necessary dollars to work with a contracted entity to develop the Plan.

As part of the SS4A program, local agencies are required to develop a Plan, also known as a "Vision Zero" Plan, to reduce or eliminate roadway fatalities and serious injuries by implementing projects and strategies shaped by data before they can request implementation funds. The Plan would allow staff to understand the trends of accident locations, conditions, and other safety factors that result in serious injury and/or death on our roads in the City, including Route 126 and traveled roadways in city limits connected to K-12 schools.

Once completed, the City would then be qualified to seek up to $10 million in funding for implementation costs associated with the last three cycles of SS4A.

Implementation funds could pay for items such as:

Construction or renovation of pedestrian crosswalks and signals Sidewalk repairs
Upgraded markings
ADA accessibility enhancements
Speed feedback signs
Bus bulb-outs/in-lane transit stops
Leading pedestrian intervals
Pedestrian hybrid beacons
Bike routes along select corridors
Strengthening connections to transit
Traffic signal upgrades
Speed management strategies
If awarded Plan funds, staff would conduct an RFP to hire a consultant to work with staff to create a Plan which would allow the City to apply for future SS4A cycles.

STRATEGIC PLAN:

Approval of this item moves the City closer to completing City Council’s two-year Strategic Plan, Section C. Infrastructure, Transportation & Mobility, Objective #1, "Improve and maintain pedestrian systems through a Sidewalk Maintenance Plan, which includes expanded efforts on annual sidewalk maintenance, repair, and ADA improvements as well as supporting the goal of maintaining and developing the City's infrastructure to be safe, sustainable, innovative, and cost-efficient.

FISCAL IMPACTS:

Should staff be successful in obtaining SS4A Action Plan grant funding, a 20% local match 139
($56,000) will be covered through in-kind match contributions via staff salaries and wages, grant tracking and monitoring, services related to engagement with community members, organization stakeholders, businesses and industries in the community and indirect charges.

Although it is not anticipated, should our in-kind services portion not be sufficient to cover the entire $56,000, staff will return to Council with a request for additional funds.

OPTIONS:

City Council has the following options available:

1. Do not adopt Resolution No. 7465. As a result, staff will not be able to submit an award worthy SS4A grant application request and will forgo the ability to seek future rounds of SS4A implementation funds.

ATTACHMENTS:

Reso No. 7465 - SS4A.pdf
140
1 RESOLUTION NO. 7465

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA,

CALIFORNIA, SUPPORTING A VISION ZERO ACTION PLAN IN THE CITY, AND

ADOPTING A GOAL TO REDUCE TRAFFIC RELATED FATALITIES AND SERIOUS INJURIES.

The City Council of the City of Santa Paula does resolve as follows:

SECTION 1. The City Council finds and declares as follows:

A. Tragically, at least one person is killed in traffic-related accidents every year in Santa Paula; and
B. Minority and low-income communities face a disproportionate risk of serious injuries and fatalities in connection with traffic-related accidents; and C. 83% of Santa Paula’s population is identified as an underserved community, as classified by the Equitable Transportation Community (ETC) Explorer; and D. The entirety of Santa Paula city limits are classified as Historically Disadvantaged Community and/or Persistent Poverty Census Tract; and E. Fatalities and serious injuries caused by traffic-related accidents are devastating and a serious public safety issue that necessitates public action; and
F. The City of Santa Paula recognizes that traffic-related fatalities and serious injuries are preventable and not inevitable, and commits to working collaboratively with a diverse group of stakeholders in the City to continue to identify and implement evidence-based projects and programs that reduce the potential for serious traffic-related injuries and fatalities in our community.

G. The Safe Streets and Roads for All (SS4A) program is a program provided through the Infrastructure Investment and Jobs Act / Bipartisan Infrastructure Law (IIJA/BIL) and is broadly described as a federal discretionary funding program for Vision Zero-type transportation safety projects.

H. It is desire of City Council to apply to the SS4A program for funding to reduce traffic-related fatalities and injuries in the City.

SECTION 2. The above recitals are true, correct, and are hereby adopted as the findings, purpose, and intent of the City Council.
141
2 SECTION 3. The City of Santa Paula supports the development of a Vision Zero Action Plan, a holistic and evidence-based plan that is aimed at ensuring the safe, adequate, and equitable accommodation of all users of all roadways in the City, including Route 126 and traveled roadways in city limits connected to K-12 schools.

SECTION 4. The City of Santa Paula pledges to the goal of “Vision Zero,” which commits to working towards the goal of zero deaths in the City by the year of 2030.

SECTION 5. Based on the foregoing, City Council authorizes and directs that an application be submitted to the United States Department of Transportation (USDOT) for the SS4A program.

SECTION 6. This Resolution shall be immediately effective upon its adoption.

APPROVED AND ADOPTED by the Santa Paula City Council on this 21st day of June, 2023.
____________________________________
Andy Sobel, Mayor
ATTEST:
____________________________________
Julie Latshaw
City Clerk
APPROVED AS TO FORM:
_____________________________________
Monica Castillo
Interim City Attorney
APPROVED AS TO CONTENT:
_____________________________________
Dan Singer
City Manager
142
3 143
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: REQUEST FOR QUALIFICATIONS FOR CITYWIDE STREET

MAINTENANCE SERVICES
Date: June 21, 2023
Agenda Item: 10.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Citywide Street Maintenance Services.

BACKGROUND:

On May 2, 2023, staff presented to the City Council a 5-Year Pavement Management Plan (PMP) within a 20-year forecast. The PMP is used as a roadmap for the development of the City's Capital Improvement Program (CIP) that includes ongoing pavement repair, resurfacing, and rehabilitation of the City’s streets.

The plan calls for extensive citywide street maintenance every 4 to 5 years to extend the service life of certain existing roads. Streets selected for treatment between 2024 and 2026 are dependent on actual progress in the 2023-2024 program. These updated plans will address the upcoming fiscal years, with a baseline reflecting the previously developed FiveYear PMP. This list will be subject to yearly review and revisions based on observations of the actual condition of the street, analysis of its rate of deterioration, selection of other streets in the area, market conditions, cash flow strategies, and other factors.

In addition to maintaining street pavement in the public right-of-way, maintenance of City rightof-way and associated facilities is required on a routine basis. This would include City owned parking lots, repair of sidewalks, and to repair/replace curb ramps. The plan currently projects the maintenance and repair of five (5) City owned parking lots and associated disabled accessible parking and accessible paths of travel. These proposed locations include four (4) parks and the City Hall Campus parking lots.

The PMP is essential for ensuring City roads that are in good condition remain in that condition for a much longer time. If done regularly, the PMP will reduce the amount of costly pavement rehabilitation and reconstruction work in the future, as well as mitigating hazards associated with damaged or uplifted sidewalks, missing curb ramps and other necessary work within the City’s right of way.
144
ANALYSIS:

The City needs specialized contractors to perform pavement improvement work in order to accomplish the goals of the PMP in a timely manner. By pre-qualifying contractors to be utilized on an on-call basis, the delays associated with a traditional Request for Bids (RFB) process is eliminated on the front end of each project. Rather, staff has access to a prequalified group of contractors available to efficiently respond to the needs of the City.

Every project assigned to a contractor will still require a separate written scope of work and contract. Dependent upon the overall value of the contract approval by either the Department Head, City Manager or the City Council.

The contractors will be evaluated based on their qualifications, experience, and unit prices.

Staff is looking to contact with multiple contractors to provide options related to specific capability and availability. By having multiple contractors retained with maintenance agreements, the City will be able to carry out all aspects of the Street Maintenance Program in an efficient and effective manner that provides flexibility to staff and cost efficiency to the City.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

At this time, there are no fiscal impacts. Subsequent to completing the RFQ process, Staff will prepare a staff report addressing findings and recommendations and present it to the City Council for consideration and approval. The report will include a fiscal impact analysis and make recommendations for award of a Citywide Street Maintenance Services contract. The funding for the services will be from various funding sources in the approved FY23/24 & FY24/25 Capital Improvement Program (CIP).

OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not authorize Staff to publish an RFQ for Citywide Street Maintenance Services.

Doing so could potentially delay critical street maintenance work that is essential for executing the current PMP, as well as limiting Staff ability to effectively respond to regular repair requests for street features within City right of way.

ATTACHMENTS:

EXHIBIT A - Request for Qualifications for Street Maintenance Services.pdf 145

EXHIBIT A
Request for Qualifications for Street Maintenance Services 146

CITY OF SANTA PAULA

REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQ)
FOR

ON-CALL CITYWIDE STREET MAINTENANCE SERVICES

PROPOSALS ARE DUE: Not later than 3:00 P.M. TBD, TBD, 2023, at the City Clerk’s office at 970 E. Ventura Street, Santa Paula, CA 93060.

PUBLIC NOTICE IS HEREBY GIVEN that the City of Santa Paula (City) is inviting qualified contractors to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide On-Call Citywide Street Maintenance Services (“Services”), which shall be provided under the general direction of the Public Works Director or their designee.

Minimum Qualifications
 Contractor shall possess a State of California Class A Contractor License  Contractor and all subcontractors shall be registered on an annual basis with the California Department of Industrial Relations (DIR).
 Contractor must be available 24-hours a day, 7 days a week, and be able to respond to the job site within 2-hours from city notice for an emergency call out.  Contractor shall obtain all required insurance policies and bonds listed in the RFQ and contract docs.

Evaluation Criteria
50% Qualifications/expertise of company/team & similar prior project experience/ references 50% Rate Schedule
Award of Contract
City will, in its discretion, select such firms as it determines are in the best interest of the City for a panel from which proposals for projects typically of $1,000,000 or less will be solicited, utilizing the evaluation criteria provided in the Request for Qualifications document. Such firms will be required to enter into a contract pursuant to this SOQ under which a firm whose proposal for a particular project will perform such project as a separate work order. The City reserves the right to reject any and all SOQs or to waive any irregularities or informalities in any SOQs should it deem this necessary for the public good, and also the SOQ of any Vendor who has been delinquent or unfaithful in any former contract with the City and to take all SOQs under advisement for a period of ninety (90) days. No firm responding to this SOQ may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs. DRAFT

EXHIBIT A
147
Submission
One (1) original, three (3) hard copies, and one searchable pdf on USB drive of the proposal shall be submitted to the following address:

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
The response shall include a copy of this form and be signed by the company’s authorized representative.

I have read, understood, and agree to the terms and conditions on all pages of the RFQ.

The undersigned agrees to furnish the services stipulated in this RFQ.

Company Address
Name (Print) Signature
Company Phone No. Title DRAFT
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Page 1 of 13 ends

City of Santa Paula

REQUEST FOR STATEMENT OF QUALIFICATION
FOR

ON-CALL STREET MAINTENANCE SERVICES
TBD, 2023
Requests for clarification are due by 4:00 P.M. on TBD, TBD, 2023, and shall be submitted in writing to Tatiana Arnaout at [email protected].

Proposals are due at the City Clerk’s office by 3:00 P.M. TBD, TBD, 2023, at:

City of Santa Paula
City Clerk’s Office
970 E. Ventura Street DRAFT Santa Paula, CA 93060
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Introduction
The City of Santa Paula (City) is inviting qualified contractors to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide OnCall Street Maintenance Services (“Services”) to perform the services as listed herein.

The City reserves the right to prequalify any number of contractors. Due to the as-needed nature of the work, no work is guaranteed regardless of the selection. The scope of work will vary and will be requested on a work order basis as the need arises.

The City of Santa Paula is a General Law City, and as such, some projects and services will be subject to competitive proposals from the selected short list of consultants throughout the term of this RFQ. The City of Santa Paula, at its own discretion and in compliance with the funding source(s) requirement(s), will either select consultants from the short list or publish a project-specific RFB open to all.

Nothing in this RFQ requires the City to select a sole source contractor for any project and services or guarantees a certain amount of work to any contractors in the short-list.

City Background
The City is located 65 miles northwest of Los Angeles and 14 miles east of Ventura and the coastline of the Pacific Ocean. The City is the geographical center of Ventura County, situated in the rich agricultural Santa Clara River Valley. The City is surrounded by rolling hills and rugged mountain peaks in addition to orange, lemon and avocado groves. In fact, the City is referred to as the “Citrus Capital of the World.” The City was incorporated on April 22, 1902, as a general law city. The City Council is made up of five members, elected at-large, serving four-year terms. The Mayor is selected for a one-year term from among the members of the City Council. The City operates under a council-manager form of government. The City Council appoints the City Manager, City Attorney, City Clerk and City Treasurer.

The City covers an area of 5.4 square miles and has an estimated population of 29,267, as of April 1, 2020, based on estimates from the United States Census Bureau. The square miles will change slightly with the recent annexation of property to the East of Santa Paula. The City delivers municipal services through six departmentsAdministration (City Council, City Manager, City Attorney, City Clerk, Personnel, Risk Management, Information Technology, and Mobile Home Rent Review), Community and Economic Development (Economic Development, Planning, Building and Safety), Parks and Recreation (Community Center, Recreation, Parks, Senior Services, Cable Television, Buildings and Grounds Maintenance), Finance (City Treasurer, Utility Billing and Payments, Accounting and Payroll), Police, and Public Works (Streets, Water, Wastewater, Solid Waste, Transit and Engineering). Wastewater, Transit and Solid Waste services are provided under contract. Library services in Santa Paula are provided by the Blanchard/Santa Paula Library District. DRAFT
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Scope of Work
The City is seeking SOQs from qualified contractors, licensed in the State of California, for a three-year contract to on-call street repair and construction services to augment the maintenance work the City performs. Selected contractors will be placed on a panel for which proposals for projects of $1,000,000 or less will be solicited, which if accepted will be reduced to a separate Work Order for each project to be performed under the master contract awarded to each selected firm as a result of this RFQ.

The work to be done includes but is not limited to furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to perform and satisfactorily complete improvements on streets on an as needed basis at various locations throughout the City.

The Work to be done hereunder consists of constructing improvements on city-owned streets and parking lots. The Work generally includes resurfacing of asphalt concrete pavement; reconstruction of asphalt and Portland cement concrete pavement, curb & gutters, cross gutters, ADA ramps, curbs, gutters, and sidewalks; installation of microsurfacing, slurry seal, crushed miscellaneous base; excavation; grading; and concrete and bituminous surface removal. The Work may also include furnishing and placing earth fill; adjusting or reconstructing manhole frames; reconstructing curb drains; reconstructing storm drain connector pipes; traffic striping and marking; traffic signal conduit; street light conduit; and landscaping and irrigation.

The Contractor shall be able to furnish and perform dewatering of trenches as necessary, as a part of the City is located in a high ground water table, and excavation in those areas will encounter water that must be dewatered.

The Contractor shall be required to complete and submit daily work summaries for each day worked. The summaries shall include at a minimum, date, time, weather, job location, work performed broken down in detail, itemized materials used including quantities, itemized personnel including job title and hours quantity worked, itemized vehicles and equipment used including hours worked, and pictures of the work completed. Invoicing shall reference the daily work summary associated with the requested fees, itemized and broken down in detail.

All construction shall comply with the Standard Specifications and Standard Plans for Public Works Construction (Greenbook), as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Additionally, construction items involving signals, lighting, electrical systems, pavement striping, markings, and markers shall comply with the Caltrans Standard Plans and Specifications. DRAFT
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The work includes any necessary survey services and traffic control, as required, to complete all work.

The Contractor shall provide recent experience in successfully providing similar services within high profile arterial streets and in densely developed multi-unit residential neighborhoods.

The Contractor shall professionally manage the work on at a job site, as well as make sure notifications or information is sent out to the public in a timely manner; promptly addressing concerns of the business and residential community; and monitoring construction mitigations to ensure noise, debris, and traffic disruptions are kept at a tolerable level.

This Agreement specifies performance of services by a contractor on an “as needed” or “on-call” basis. Under the terms of this Agreement, the City, in its sole discretion, will determine both the extent and nature of each scope of work or callout it requires the contractor to perform or complete, and the specific terms and conditions under which it requires the contractor to perform or complete the scope or project. Nothing contained herein, however, shall be construed by the contractor as promise or guarantee of any minimum amount of Work or compensation hereunder. The City may solicit proposals from Contractor in its discretion and may accept or reject such proposals in its discretion.

In the event a proposal is accepted, it shall be reduced to a task order for such project not to exceed the amount as approved by Council, in which case such Work Order shall be a contract entered into pursuant to the terms of this Agreement. The City anticipates most Work Orders will be $1,000,000 or less, however City Council can approve a Work Order in excess of that amount. Any Work Order in excess of $60,000 will require Council approval.

The City will identify a work scope for the Contractor to perform and will issue to the Contractor a Work Order request containing a detailed scope of work for the specific callout. The terms and specifications of this RFQ document shall apply to all Work Order requests. The Contractor will review each Work Order request and provide a detailed cost proposal in response to each Work Order request. The City Engineer will review the submission with the contractor and if acceptable, approve the Work Order in writing or via e-mail. However, in situations of emergencies such as sink holes, the contractor shall receive the Work Order request from the City containing instructions to immediately respond and perform the repair work necessary, and Contractor shall mobilize to the job site within the required 2-hour window to perform the work. Such Work Orders will contain this specific instruction. For such emergency Work Orders, Contractor shall prepare an after the fact invoice for City review based on time and materials expended per the daily work summary and the submitted rates.

The contractor must be available 24-hours a day, 7 days a week, and be able to respond on site within 2-hours for an emergency call out. It shall be the Contractor's responsibility to respond on site within 2 hours in an emergency from the time the call is placed by the City Engineer or designated representative of the City Engineer, with sufficient labor and DRAFT 152
equipment to begin work. The contractor shall provide the City with a primary and backup designated representative’s phone number or dispatch number and a backup phone number that the City can reach at any time. The City will contact the contractor’s designated representative or backup representative by phone to request such work. Work from a daytime call out may extend into nighttime hours. Any night work will be scheduled at least 48-hours in advance. When receiving an emergency work request from the City, the contractor shall confirm within 30 minutes of the call whether he accepts or declines the work request. For non-emergency requests the confirmation time is 4 hours. A "Declined Request" is defined as the occurrence of one of the following:
• Contractor cannot be reached at either of the designated phone numbers • Contractor does not confirm acceptance or decline of the work request within 30 minutes for an emergency call out or 4 hours for a non-emergency call out • Contractor declines the work request within the designated time After three (3) Declined Requests the City reserves the right to terminate this Agreement for nonperformance. If the Contractor accepts the work request and subsequently fails to respond on site within the designated time for emergency or non-emergency work, it shall be considered a No-Show. After two (2) No-Shows, the City reserves the right to terminate this Agreement for non-performance.

Inspection of the Site
Each respondent is responsible for fully acquainting themselves with all conditions, instructions, and requirements of this RFQ, that the respondent conducted such additional site investigations as necessary, that the respondent is capable of providing the services requested by the City in a manner that meets City’s objectives and requirements as outlined in this RFQ, and that respondent has reviewed and inspected all materials submitted in response to this RFQ.

Once the award(s) have been made, a failure to read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for respondent(s) to request additional compensation.

Standard Specifications and Standard Plans
All work shall comply with the Standard Specifications and Plans of the City Department of Public Works, the Standard Specifications for Public Works Construction (Greenbook), the Standard Plans for Public Works Construction, the California Building Code, Electric Code, and Plumbing Code, the ADA, the Standard Specifications and Plans of Caltrans, and the Standard Specifications and Plans of the City of Santa Paula Department of Public Works. DRAFT
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Requests for Clarification/Questions Regarding this RFQ Respondents must satisfy themselves by personally examining the work site, Standard Specifications, Standard Plans, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No respondent shall at any time, after submission of a SOQ, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in RFQ documents shall be called to the attention of the City by submission of a written request for clarification or question.

The deadline for submittal of Requests for Clarification/Questions TBD, 2023 at 4:00 pm. Any requests for clarification/questions received after this deadline will not be answered.

Communication or solicitation with other City Officials or Employees regarding any aspect of this RFQ is expressly prohibited and may result in disqualification.

Anyone submitting a SOQ or is on a SOQ team shall not contact any City employee or City Council members regarding any aspect of this RFQ unless in the manner described above.

From the time the City has released this RFQ and throughout the evaluation period; any email, telephone, text message, social media, face to face contact and/or communication, where there has been discussion of this RFQ, may be the basis for a submittal being disqualified from consideration.

Public Records and Right to Submitted SOQs
All SOQs, inquiries, responses, or correspondence related to or in reference to this request for qualifications, and all documentation submitted by a respondent will become the property of the City when received.

The City is subject to applicable law regarding disclosure of public records. Respondents must clearly identify any information they regard as proprietary in the SOQ. Any such information should be marked “Proprietary” or “Confidential.” Information that is proprietary within the meaning of California law will be withheld from any public records requests, and by so marking a record the respondent agrees to the furthest extent permitted by law indemnify, defend with counsel appointed by City, and hold the City and its City Council, City Council members, officers, agents, employees harmless from any claim, action, or other loss that arises out of, relates to, or is incident to City’s nondisclosure of such record in connection with a request for disclosure pursuant to applicable law governing the disclosure of public records. All other information is subject to disclosure. DRAFT
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Legal Responsibilities of Contractor
Any contractor submitting a SOQ shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq., of the Labor Code for each craft, classification, or type of workman required as set forth by the Director of Industrial Relations of the State of California. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him.

The City will deduct a 5-percent retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit SOQs in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title, and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

Format for the SOQs
The Respondent(s) selected for the contract will be responsible for complying with all conditions of this RFQ and any subsequent formal agreements. All responses provided should be as detailed as possible, to provide the SOQ evaluators with enough information to make an assessment of the Respondent(s)’ services in accordance with the requirements herein. The City shall not be liable for any pre-contractual expenses incurred by any respondent. Respondents shall not include any such expenses as part of the price proposal in response to this RFQ. Submit an SOQ containing the following:

1. Overview of the Company: The company that will take the lead in providing the requested services shall be described in this section.

1.1 Provide an overview of the company and your experience in public works projects for other municipalities in the Southern California area. If this is a large company with several branches/offices, include a description of the local office that will be providing the services for this contract. DRAFT 155

1.2 Describe the company’s experience with similar design projects. Previous experience on designing similar scope is highly desirable.

1.3 Describe how your company plans to provide experienced, knowledgeable, and professional staff, who will deliver quality deliverables on this project.

1.4 Describe why the City should select your company over other SOQs that may be submitted?

2. Project Manager: The respondent shall designate a qualified individual who will be the primary contact and will serve as the project manager.

Instead of providing a resume, describe the project manager’s background, focusing on why you chose this person to be the project manager of the project. Cite specific examples of projects where this individual has done similar work, or lead a team to deliver similar work, as requested in the scope of work. Describe when were those projects were done. List any certificates, licenses, training, or special equipment training that this project manager has that may be relevant towards completing the scope of work.

3. Project Team: Identify the members of your project team, including the construction foreman. If your response is to provide all services by a single person, just state as such and go to the next section.

3.1 Provide the name of each team member (including the project manager) and all tasks assigned to each team member. If the team member is from a subcontracted firm, provide the name of the company that this person works, so we can identify what work is being subcontracted out if any. At least 50% of the scope of work shall be performed by the contractor. If any portion of the work will be subcontracted, provide a list of those subs with identification of tasks assigned, company name, local office address, contract person for company, phone number and email of contact person, and reason why choosing this company to do those tasks.

3.2 Instead of providing a resume for each person, describe each team member’s background, focusing on their experience to do the tasks assigned, and why you are using this person for those tasks. Cite specific examples of projects where this individual has done similar work or lead a team to deliver similar work to the tasks assigned.

3.3 List any certificates, licenses, training, or special equipment training that the team members have that may be relevant towards completing the scope of work.

4. Reference Projects. Instead of providing just a long list of names of past jobs your company has worked on, select five projects of similar scope that took place in the Southern California area, that show your ability to complete this RFQ’s scope of work.

Similar work for other public agencies is preferred. For each project provide a reference person and phone number of the client, who can confirm your work experience on that project. DRAFT
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Each reference project must include the following information:
 Agency or name of company you provided services to
 Name of the contact person who can verify the work you have done  Telephone number and/or email of the contact person
 Name of project
 Location of project
 Date(s) (month/year to month/year) you provided services to them  Description of the work done and the role of your company on the project  Reason why this reference project demonstrates your team’s ability to complete the scope of work in this RFQ
 A sample plan sheet is not required but desirable
 A photo is not required but desirable

5. Scope of Work. Summarize your approach to providing the scope of work.  Describe your procedure to respond to an emergency call out from the City.

Include information on staffing and resources to cover availability 24-hours a day, 7 days a week, and ability to respond on-site within 2-hours for an emergency call-out.
 Describe your procedures for concrete and asphalt pavement removal and replacement.
 Describe your procedure for establishing survey control.  Describe your procedure for testing materials to meet specific requirements.  Describe your procedure for protection of existing facilities such as utilities (overhead and underground), trees, and other appurtenances found in City rightof-way.  Describe your procedures to ensure all personnel comply with all relevant OSHA, Cal/OSHA, and Labor and Industries work safety regulations at all times they are on the project site.
 Describe your procedures for providing traffic control while performing all phases of work to ensure public safety and convenience.
 Describe your procedures to document pre-existing conditions for a project location.
 Describe your procedures for Storm Water Pollution Prevention.  Describe other services, if any, you can provide and would like to be a part of your SOQ.

6. Rate Schedule. This solicitation is not a bid, therefore there are no bid items for you to fill out. The SOQ shall instead provide a rate schedule of hourly rates separated out by personnel job title and equipment type that your company would use to provide the scope of work described in this RFQ. The hourly rate shall include within its fee, all costs for labor, equipment, vehicles, travel, overhead, reimbursables, sales tax, use tax, or any other cost item that your company would incur to provide the scope of work. Rate schedule should include proposed mark-up on all materials to be used for work. Subcontracted work shall also be included in the fees schedule and if you DRAFT 157
charge a markup for the subcontracted work, that shall be clearly identified in your schedule of fees.

Each respondent shall also submit the completed Designation of Subcontractors, Suppliers, and Vendors Form included in the attachments designating any subcontractors that the bidder intends to use to complete the scope of work. Each respondent shall also submit the completed Registration with the California Department of Industrial Relations Form, respondent’s Violation of Law/Safety Questionnaire Form, Non-Collusion Declaration Form, Certification of NonDiscrimination by Contractors Form, and Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws Form, included in the Attachments.

Contract Requirements
The selected contractor shall be required to enter into contract with the City to provide the scope of work. When services are required, the City will choose the contractors best suited for the tasks from the short list and award via separate contract with the City reflecting the terms and conditions of the SOQ in addition to the City's standard construction services agreement requirements. The short list will be valid for a period of three (3) years from the date of the original selection. A copy of the standard contract, including all requirements of the contract, is attached to this RFQ.

Selection Criteria
The criteria for evaluating the submitted SOQs will take the following items into consideration:
50% Qualifications/expertise of company/team & similar prior project experience/ references
50% Rate Schedule
The SOQs will be reviewed by City staff members. The committee will evaluate each submitted SOQ and score them according to the criteria above. An average of the scores will be used to rank the SOQs. Depending on the number of SOQs submitted, the top tier of respondents may be asked to come in for an interview. The City reserves the right to negotiate pricing and for additional terms. The City also reserves the right to begin negotiations and enter into a contract without an interview or further discussions. Once negotiations are complete, a recommendation will be submitted to the City Council for approval of the contract.

Right to Reject Any or All SOQs
The City reserves the right to reject any or all SOQs, to waive technicalities or formalities, and to accept any SOQ deemed to be in the best interest of the City. Where two or more DRAFT 158
firms are deemed equal, the City reserves the right to make the award to one of the two firms.

Withdrawl of SOQS
Prior to the SOQ submittal deadline, a SOQ may be withdrawn by the respondent only by using the Agency’s electronic system. No respondent may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs.

Irregular SOQS
Unauthorized conditions, limitations, or provisions attached to an SOQ will render it irregular and may cause its rejection. The completed SOQ forms shall be without interlineations, alterations, or erasures. Alternative SOQs will not be considered unless specifically requested. No oral, faxed, emailed, or telephonic SOQ will be considered.

Disqualification of Respondents
More than one SOQ from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any Respondents is interested in more than one SOQ for the work contemplated will cause the rejection of all SOQs in which such respondent is interested.

If there is reason for believing that collusion exists among the respondent, all SOQs will be rejected and none of the participants in such collusion will be considered in future SOQs.

Submission of SOQs
One (1) original, three (3) hard copies, and one searchable pdf file on USB drive of the SOQ shall be submitted at the address set forth below, no later than 3:00 P.M. TBD, TBD, 2023:

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
A SOQ may be amended only if the City receives such amendment before the deadline stated herein for receiving proposals.

A SOQ may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal. DRAFT
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The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, or sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. LATE PROPOSALS WILL NOT BE ACCEPTED.

Tentative Schedule
The following proposed project schedule is provided for reference only.  Release RFQ: TBD, 2023
 Deadline for receiving questions: TBD, 2023
 SOQ package due by: TBD at 3:00 pm
 Contractors Notified/Selection (short list): TBD
 Council Review and Consideration: TBD
Attachments
Attachment 1 - Standard Agreement Template
Attachment 2 – Designation of Subcontractors, Suppliers, and Vendors Form Attachment 3 – Registration with the California Department of Industrial Relations Form Attachment 4 – Bidder’s Violation of Law/Safety Questionnaire Form Attachment 5 – Non-Collusion Declaration Form
Attachment 6 – Certification of Non-Discrimination by Contractors Form Attachment 7 – Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws
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Attachment 1
Standard Agreement Template

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Attachment 2
Designation of Subcontractors, Suppliers, and
Vendors Form

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DESIGNATION OF SUBCONTRACTORS, SUPPLIERS AND VENDORS
Respondent proposes to subcontract certain portions of the work, which are in excess of one-half of 1 percent (0.5%) of the total amount bid as follows:

Name: ____________________________________ Telephone: (____)_______________________ Address: __________________________________________________________________________ Responsibility: _____________________________________________________________________ California Contractor License #: ______________________________ Name: ____________________________________ Telephone: (____)_______________________ Address: __________________________________________________________________________ Responsibility: _____________________________________________________________________ California Contractor License #: ______________________________ Name: ____________________________________ Telephone: (____)_______________________ Address: __________________________________________________________________________ Responsibility: _____________________________________________________________________ California Contractor License #: ______________________________ Name: ____________________________________ Telephone: (____)_______________________ Address: __________________________________________________________________________ Responsibility: _____________________________________________________________________ California Contractor License #: ______________________________ Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing to the City Engineer. DRAFT
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Attachment 3
Registration with The California Department of
Industrial Relations Form

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REGISTRATION WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS

ALL PRIME CONTRACTORS AND SUBCONTRACTORS
SB 854 established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis with the California Department of Industrial Relations (DIR).

In accordance with Labor Code Section 1771.1(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

Prime Contractor Name: ____________________________________________________________ Telephone: (________)_______________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ DRAFT 165
Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:___________________________________________________________________

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Attachment 4
Respondent’s Violation of Law/Safety
Questionnaire Form

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BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the respondent shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the Bidder, or any employee of the respondent who has a proprietary interest in the respondent ever been disqualified, removed, or otherwise prevented from bidding on or completing a Federal, State, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the space provided.

Note: This questionnaire constitutes a part of the SOQ, and a signature portion of the SOQ shall constitute signature of this questionnaire.

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Attachment 5
Non-Collusion Declaration Form

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NON-COLLUSION DECLARATION
The undersigned declares:

I am the _______________________________ of _______________________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.

All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________[date], at __________________________[city], _____________________[state]. _____________________________________
(Signature)
_____________________________________
(Print Name)
_____________________________________
(Title)
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Attachment 6
Certification of Non-Discrimination by Contractors
Form

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CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code Section 12940.

The firm listed below certifies that it does not discriminate in its employment with regard to the factors set forth in Labor Code Section 1735; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM: _______________________________________________________________________ TITLE OF PERSON SIGNING: __________________________________________________ SIGNATURE: _________________________________________________________________ DATE: _______________________________________________________________________ Please include any additional information available regarding equal opportunity employment programs now in effect within your company.
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ ______________________________________________________________________________ _
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Attachment 7
Statement Acknowledging Penal and Civil Penalties
Concerning the Contractor’s Licensing Laws Form

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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES

CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business and Professions Code § 7028.1]
[Public Contract Code §20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below:

Business and Professions Code §7028.15
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now §20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than 6 months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and DRAFT 174
finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code §20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement.

Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

License No. Class: Expiration Date:

Date Signature DRAFT
175
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: REQUEST FOR QUALIFICATIONS FOR CITYWIDE TRAFFIC SIGNAL

MAINTENANCE SERVICES
Date: June 21, 2023
Agenda Item: 10.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Citywide Traffic Signal Maintenance Services.

BACKGROUND:

The City of Santa Paula has 17 signalized intersections in town. Each intersection consists of a system of traffic signal poles, lights, controller cabinets and vehicle detection systems. Of these 17 intersections, 4 are maintained by Caltrans, and 13 are maintained by the City. The City-maintained intersections include:

Faulkner Rd. and Peck Rd.
8th St. and Harvard Blvd.

Peck Rd. and Harvard Blvd / Main St.
12th St. and Harvard Blvd.

Steckel Dr. and Harvard Blvd.

Mill St. and Main St.

Craig Dr. and Harvard Blvd.
12th St. and Main St.

Palm Ave. and Harvard Blvd.

Palm Ave. and Main St.

Olive St. and Harvard Blvd
8th St. and Main St.

Hallock Dr. and Telegraph Rd.

The nature of traffic signal operation and maintenance requires specialized knowledge of traffic operations, signal timing, vehicle detection, and train pre-emption with the ability to make adjustments according to traffic volumes and changes in traffic patterns at various times of the year.

Routine maintenance may include adjustment of signal timing, replacement of signal controller components, back-up batteries, pedestrian push buttons, traffic lights, street lights, and vehicle detection loops. More significant repairs may be required following vehicle collisions 176
with traffic signal poles, controllers and mast arms, which can be costly and time-consuming to contract maintenance budgets. Generally, the repair or replacement of traffic signal components is a specialized trade requiring trained staff to perform. The City does not have signal technicians or repair personnel on staff with these qualifications and must contract with a qualified company for such services.

ANALYSIS:

The City needs specialized contractors to perform traffic signal preventive, emergency and non-emergency maintenance work that exceeds staff’s ability to perform the work. The primary purpose of the contract is for the contractor to assist the City with carrying on a program of continuing comprehensive maintenance designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the traffic signal equipment. By pre-qualifying contractors to be utilized on an on-call basis, the delays associated with a traditional Request for Bids (RFB) process is eliminated on the front end of each project.

Rather, staff has access to a pre-qualified group of contractors available to efficiently respond to the needs of the City.

Every project assigned to a contractor will still require a separate written scope of work and contract. Dependent upon the overall value of the contract, approval by either the Department Head, City Manager or the City Council is required. Projects to be completed by the contractor are categorized as follows:

Scheduled Maintenance Work (primary purpose)
The scope of work and schedule shall be mutually agreed to between City staff and the contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

Non-Scheduled Urgent Repair Work (as-needed)
The contractor must be on the site within two hours of the notification and begin work immediately to address the following events:

Any signal controller malfunction
Burned out red or green ball or arrow display
Burned out or malfunctioning Pedestrian Walk Signal Indications The contractors will be evaluated based on their qualifications, experience, and unit prices.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:
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At this time, there are no fiscal impacts. Subsequent to completing the RFQ process, Staff will prepare a staff report addressing findings and recommendations, including the recommended qualified contractor list and present it to the City Council for consideration and approval. The report will also include a fiscal impact analysis and make recommendations for award of a Traffic Signal Maintenance Services contract. The funding for the services will be from various funding sources in the approved FY23/24 & FY24/25 Operating Budget.

OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not authorize Staff to publish a RFQ for Traffic Signal Maintenance Services. Doing so would delay critical traffic signal maintenance work that cannot be performed with internal staff.

ATTACHMENTS:

Exhibit A - Request for Qualifications for Traffic Signal Maintenance Services.pdf 178

EXHIBIT A
Request for Qualifications for Traffic Signal Maintenance Services 179

CITY OF SANTA PAULA

REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQ)
FOR

ON-CALL TRAFFIC SIGNAL REPAIR SERVICES

PROPOSALS ARE DUE: Not later than 3:00 P.M. TBD, at the City Clerk’s office at 970 E. Ventura Street, Santa Paula, CA 93060.

PUBLIC NOTICE IS HEREBY GIVEN that the City of Santa Paula (City) is inviting qualified contractors to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide On-Call Traffic Signal Repair Services (“Services”), which shall be provided under the general direction of the Public Works Director or their designee.

Minimum Qualifications
• Contractor shall possess a State of California Class A Contractor License • Contractor and all subcontractors shall be registered on an annual basis with the California Department of Industrial Relations (DIR).
• Contractor must be available 24-hours a day, 7 days a week, and be able to respond to the job site within 2-hours from city notice for an emergency call out. • Contractor shall obtain all required insurance policies and bonds listed in the RFQ and contract docs.

The City reserves the right to reject any and all SOQs or to waive any irregularities or informalities in any SOQs should it deem this necessary for the public good, and also the SOQ of any Vendor who has been delinquent or unfaithful in any former contract with the City and to take all SOQs under advisement for a period of ninety (90) days.

No firm responding to this SOQ may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs.

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EXHIBIT A
180
Submission
One (1) original, three (3) hard copies, and one searchable pdf on USB drive of the proposal shall be submitted to the following address:

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
The response shall include a copy of this form and be signed by the company’s authorized representative.

I have read, understood, and agree to the terms and conditions on all pages of the RFQ.

The undersigned agrees to furnish the services stipulated in this RFQ.

Company Address
Name (Print) Signature
Company Phone No. Title DRAFT
181

Page 1 of 13 ends

City of Santa Paula

REQUEST FOR STATEMENT OF QUALIFICATION
FOR

ON-CALL TRAFFIC SIGNAL REPAIR SERVICES
TBD, 2023
Requests for clarification are due by 4:00 P.M. on TBD, TBD, and shall be submitted in writing to Tatiana Arnaout at [email protected].

Proposals are due at the City Clerk’s office by 3:00 P.M. TBD, TBD, at:

City of Santa Paula
City Clerk’s Office
970 E. Ventura Street
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Santa Paula, CA 93060
182
Introduction
The City of Santa Paula (City) is inviting qualified contractors to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide OnCall Traffic Signal Repair Services (“Services”) to perform the services as listed herein.

Nothing in this RFQ requires the City to select a sole source contractor for any project and services or guarantees a certain amount of work to any contractors in the short-list.

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Scope of Work
The City is seeking SOQs from qualified contractors, licensed in the State of California, for a three-year contract to provide 24-hour 7 days a week on-call traffic signal repair services to augment the maintenance work the City performs. Selected contractors will be placed on a panel for which proposals for projects of $60,000 or less will be solicited, which if accepted will be reduced to a separate Work Order for each project to be performed under the master contract awarded to each selected firm as a result of this RFQ.

The work to be done would consist of routine maintenance which may include adjustment of signal timing, replacement of signal controller components, back-up batteries, pedestrian push buttons, traffic lights, street lights, and vehicle detection loops. More significant repairs may be required following vehicle collisions with traffic signal poles, controllers and mast arms. Typical call outs would be such as the discovery of a signal light that is out and is in need of being replaced. The Contractor shall provide all required tools, equipment, apparatus, facilities, and material to perform all work necessary to maintain the traffic signal equipment, flashing beacons, and driver speed feedback signs in compliance with current City/Caltrans standards and specifications.

The work includes any necessary survey services and traffic control, as required, to complete all work.

The Contractor shall provide recent experience in successfully providing similar services within high profile arterial streets and in densely developed multi-unit residential neighborhoods.

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The Contractor shall professionally manage the work on at a job site, as well as make sure notifications or information is sent out to the public in a timely manner; promptly addressing concerns of the business and residential community; and monitoring construction mitigations to ensure noise, debris, and traffic disruptions are kept at a tolerable level.

In the event a proposal is accepted, it shall be reduced to a task order for such project not to exceed $60,000, in which case such Work Order shall be a contract entered into pursuant to the terms of this Agreement.

The City will identify a work scope for the Contractor to perform and will issue to the Contractor a Work Order request containing a detailed scope of work for the specific callout. The terms and specifications of this RFQ document shall apply to all Work Order requests. The Contractor will review each Work Order request and provide a detailed cost proposal in response to each Work Order request. The City Engineer will review the submission with the contractor and if acceptable, approve the Work Order in writing or via e-mail. However, in situations of pole knock-down emergencies, the contractor shall receive the Work Order request from the City containing instructions to immediately respond and perform the repair work necessary, and Contractor shall mobilize to the job site within the required 2-hour window to perform the work. Such Work Orders will contain this specific instruction. For such emergency Work Orders, Contractor shall prepare an after the fact invoice for City review based on time and materials expended per the daily work summary and the submitted rates.

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• Contractor cannot be reached at either of the designated phone numbers • Contractor does not confirm acceptance or decline of the work request within 30 minutes for an emergency call out or 4 hours for a non-emergency call out • Contractor declines the work request within the designated time After three (3) Declined Requests the City reserves the right to terminate this Agreement for nonperformance. If the Contractor accepts the work request and subsequently fails to respond on site within the designated time for emergency or non-emergency work, it shall be considered a No-Show. After two (2) No-Shows, the City reserves the right to terminate this Agreement for non-performance.

Requests for Clarification/Questions Regarding this RFQ Respondents must satisfy themselves by personally examining the work site, Standard Specifications, Standard Plans, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No respondent shall at any time, after submission of a SOQ, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in RFQ documents shall be called to the attention of the City by submission of a written request for clarification or question.

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The deadline for submittal of Requests for Clarification/Questions TBD at 4:00 pm.

Any requests for clarification/questions received after this deadline will not be answered.

Communication or solicitation with other City Officials or Employees regarding any aspect of this RFQ is expressly prohibited and may result in disqualification.

Anyone submitting a SOQ or is on a SOQ team shall not contact any City employee or City Council members regarding any aspect of this RFQ unless in the manner described above.

Legal Responsibilities of Contractor
Any contractor submitting a SOQ shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq., of the Labor Code for each craft, classification, or type of workman required as set forth by the Director of Industrial Relations of the State of California. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him.

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The City will deduct a 5-percent retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

1. Overview of the Company: The company that will take the lead in providing the requested services shall be described in this section.

1.2 Describe the company’s experience with similar design projects. Previous experience on designing similar scope is highly desirable.

1.3 Describe how your company plans to provide experienced, knowledgeable, and professional staff, who will deliver quality deliverables on this project.

1.4 Describe why the City should select your company over other SOQs that may be submitted?

2. Project Manager: The respondent shall designate a qualified individual who will be the primary contact and will serve as the project manager.

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Instead of providing a resume, describe the project manager’s background, focusing on why you chose this person to be the project manager of the project. Cite specific examples of projects where this individual has done similar work, or lead a team to deliver similar work, as requested in the scope of work. Describe when were those projects were done. List any certificates, licenses, training, or special equipment training that this project manager has that may be relevant towards completing the scope of work.

3.3 List any certificates, licenses, training, or special equipment training that the team members have that may be relevant towards completing the scope of work.

Similar work for other public agencies is preferred. For each project provide a reference person and phone number of the client, who can confirm your work experience on that project.

Each reference project must include the following information:
• Agency or name of company you provided services to
• Name of the contact person who can verify the work you have done • Telephone number and/or email of the contact person
• Name of project
• Location of project
• Date(s) (month/year to month/year) you provided services to them • Description of the work done and the role of your company on the project • Reason why this reference project demonstrates your team’s ability to complete DRAFT
189
the scope of work in this RFQ
• A sample plan sheet is not required but desirable
• A photo is not required but desirable

5. Scope of Work. Summarize your approach to providing the scope of work. • Describe your procedure to respond to an emergency call out from the City.

Include information on staffing and resources to cover availability 24-hours a day, 7 days a week, and ability to respond on-site within 2-hours for an emergency call-out.
• Describe your procedure to respond to install new signal lights at major arterials. • Describe your procedure to provide regular field preventative maintenance, installation, and repair of controller assemblies/cabinets. • Describe your procedure to respond to knockdowns and emergencies. • Describe your procedure to maintain copies of the Preventative Maintenance Checklist Forms.
• Describe your procedure to test and maintain Battery Back-Up Systems. • Describe your procedures to ensure all personnel comply with all relevant OSHA, Cal/OSHA, and Labor and Industries work safety regulations at all times they are on the project site.
• Describe your procedures for providing traffic control while performing all phases of work to ensure public safety and convenience.
• Describe other services, if any, you can provide and would like to be a part of your SOQ.

6. Rate Schedule. This solicitation is not a bid, therefore there are no bid items for you to fill out. The SOQ shall instead provide a rate schedule of hourly rates separated out by personnel job title and equipment type that your company would use to provide the scope of work described in this RFQ. The hourly rate shall include within its fee, all costs for labor, equipment, vehicles, travel, overhead, reimbursables, sales tax, use tax, or any other cost item that your company would incur to provide the scope of work. Rate schedule should include proposed mark-up on all materials to be used for work. Subcontracted work shall also be included in the fees schedule and if you charge a markup for the subcontracted work, that shall be clearly identified in your schedule of fees.

Contract Requirements
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The selected contractor shall be required to enter into contract with the City to provide the scope of work. When services are required, the City will choose the contractors best suited for the tasks from the short list and award via separate contract with the City reflecting the terms and conditions of the SOQ in addition to the City's standard construction services agreement requirements. The short list will be valid for a period of three (3) years from the date of the original selection. A copy of the standard contract, including all requirements of the contract, is attached to this RFQ.

Right to Reject Any or All SOQs
The City reserves the right to reject any or all SOQs, to waive technicalities or formalities, and to accept any SOQ deemed to be in the best interest of the City. Where two or more firms are deemed equal, the City reserves the right to make the award to one of the two firms.

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Disqualification of Respondents
More than one SOQ from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any Respondents is interested in more than one SOQ for the work contemplated will cause the rejection of all SOQs in which such respondent is interested.

If there is reason for believing that collusion exists among the respondent, all SOQs will be rejected and none of the participants in such collusion will be considered in future SOQs.

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
A SOQ may be amended only if the City receives such amendment before the deadline stated herein for receiving proposals.

The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, or sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. LATE PROPOSALS WILL NOT BE ACCEPTED.

Tentative Schedule
The following proposed project schedule is provided for reference only. • Release RFQ: TBD
• Deadline for receiving questions: TBD
• SOQ package due by: TBD at 3:00 P.M.
• Contractors Notified/Selection (short list): TBD
• Council Review and Consideration: TBD
Attachments
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Attachment 1 - Standard Agreement Template
Attachment 2 – Designation of Subcontractors, Suppliers, and Vendors Form Attachment 3 – Registration with the California Department of Industrial Relations Form Attachment 4 – Bidder’s Violation of Law/Safety Questionnaire Form Attachment 5 – Non-Collusion Declaration Form
Attachment 6 – Certification of Non-Discrimination by Contractors Form Attachment 7 – Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws
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193
Attachment 1
Standard Agreement Template
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194
Attachment 2
Designation of Subcontractors, Suppliers, and
Vendors Form
DRAFT
195

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196
Attachment 3
Registration with The California Department of
Industrial Relations Form
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197

REGISTRATION WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS

Prime Contractor Name: ____________________________________________________________ Telephone: (________)_______________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ DRAFT
198
Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:___________________________________________________________________ DRAFT
199
Attachment 4
Respondent’s Violation of Law/Safety
Questionnaire Form
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200

BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the respondent shall complete, under penalty of perjury, the following questionnaire.

Note: This questionnaire constitutes a part of the SOQ, and a signature portion of the SOQ shall constitute signature of this questionnaire.

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Attachment 5
Non-Collusion Declaration Form
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202

NON-COLLUSION DECLARATION
The undersigned declares:

I am the _______________________________ of _______________________________________, the party making the foregoing bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________[date], at __________________________[city], _____________________[state]. _____________________________________
(Signature)
_____________________________________
(Print Name)
_____________________________________
(Title)
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Attachment 6
Certification of Non-Discrimination by Contractors
Form
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204

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

3. To take affirmative steps to hire minority employees within the company.

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Attachment 7
Statement Acknowledging Penal and Civil Penalties
Concerning the Contractor’s Licensing Laws Form
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206

STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and DRAFT
207
finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code §20103.5:

License No. Class: Expiration Date:

Date Signature DRAFT
208
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: REQUEST FOR QUALIFICATIONS FOR CITYWIDE UTILITY REPAIR

AND MAINTENANCE SERVICES
Date: June 21, 2023
Agenda Item: 10.H

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

BACKGROUND:

The City of Santa Paula serves water to approximately 30,700 residents through 96 miles of pipe ranging in size from 2” to 24”. There are 8,590 service connections throughout four pressure zones. The water system consists of five groundwater wells, nine storage tanks, ten booster pumps, and two water treatment facilities. Some of the oldest water mains still in use were installed in 1917; a large portion of the water system was installed in the 1920’s through the 1960’s. Due to the age of the water system infrastructure, water main breaks and leaks are common and can happen at all hours of the day, any day of the week.

The City also maintains the wastewater collection system which consists of more than 6,600 sewer accounts, approximately 60 miles of collection lines, with pipeline diameters from 6 to 24 inches, 0.5 miles of force mains, 1,190 manholes and two lift stations. The collection lines in the City have been constructed over a number of years since the wastewater system first began in the 1930’s. Due to the age of the water system infrastructure, water main breaks and leaks are common and can happen at all hours of the day, any day of the week.

The majority of underground storm drain conduits in the city are made from reinforced concrete and consist of either circular pipe (RCP) or rectangular boxes (RCB). Other materials used include corrugated steel pipe (CMP, CMPA or CSP), small amounts of poly vinyl chloride (PVC), and redwood box (RDWD). Much of the City’s stormwater collections system have reached the limits of their service life and require increasing frequency of repair and replacement to address continued stormwater conveyance and mitigate hazards related to pipe failure, including sinkholes and other damage to City roadway and pavement infrastructure.

ANALYSIS:
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The City needs specialized contractors to perform utility repair and maintenance work that exceeds staff’s ability and capacity to address internally. By pre-qualifying contractors to be utilized on an on-call basis, the delays associated with a traditional Request for Bids (RFB) process is eliminated on the front end of each project. Rather, staff has access to a prequalified group of contractors available to efficiently respond to the needs of the City.

Every project assigned to a contractor will still require a separate written scope of work and contract. Dependent upon the overall value of the contract, approval by either the City Manager or the City Council will be needed. Representative projects typically consist of larger diameter pipelines (e.g., greater than 12” diameter), pipelines located in congested thoroughfares, and deeper installations requiring protective shoring. The recommended contractors will be utilized to address: 1) Relocation work requested by the City of Santa Paula, 2) As needed repair/relocation maintenance work, and 3) Unexpected emergency repair work.

The contractors will be evaluated based on their qualifications, experience, and unit prices.

Staff is looking to contract with several contractors. By having several contractors on maintenance agreements, the City will be able to carry out all aspects of repairing and maintaining the water, wastewater and stormwater systems effectively.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

At this time, there are no fiscal impacts. Subsequent to completing the RFQ process, Staff will prepare a staff report addressing findings and recommendations, including the recommended qualified contractor list and present it to the City Council for consideration and approval. The report will also include a fiscal impact analysis and make recommendations for award of Citywide Utility Repair and Maintenance Services contracts. The funding for the services will be from various funding sources of the approved FY23/24 & FY24/25 Capital Improvement Program (CIP) and applicable Operating Budgets.

OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not authorize Staff to publish a RFQ for Citywide Utility Repair and Maintenance Services. Doing so would delay critical utility repair and maintenance work that cannot be performed by internal staff.

ATTACHMENTS:

Exhibit A - Request for Qualifications for Citywide Utility Repair and Maintenance Services.pdf 210

EXHIBIT A
Request for Qualifications for Citywide Utility Repair and Maintenance Services
211

CITY OF SANTA PAULA

REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQ)
FOR

ON-CALL UTILITY REPAIR AND CONSTRUCTION SERVICES PANEL

PROPOSALS ARE DUE: Not later than 3:00 P.M. TBD, at the City Clerk’s office at 970 E. Ventura Street, Santa Paula, CA 93060.

PUBLIC NOTICE IS HEREBY GIVEN that the City of Santa Paula (City) is inviting qualified contractors to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide On-Call Utility Repair and Construction Services (“Services”), which shall be provided under the general direction of the Public Works Director or their designee.

No firm responding to this SOQ may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs.

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EXHIBIT A
212
Submission
One (1) original, three (3) hard copies, and one searchable pdf on USB drive of the proposal shall be submitted to the following address:

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
The response shall include a copy of this form and be signed by the company’s authorized representative.

I have read, understood, and agree to the terms and conditions on all pages of the RFQ.

The undersigned agrees to furnish the services stipulated in this RFQ.

Company Address
Name (Print) Signature
Company Phone No. Title DRAFT
213

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Santa Paula City CouncilJune 21, 2023

Santa Paula City Council
June 21, 2023