Agenda packet, regular meeting — Santa Paula City Council, September 6, 2023 (part 1 of 3)

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, SEPTEMBER 6, 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 PROCLAMATION - JESSE GRAHAM - PERFORMING ARTS

7.B PROCLAMATION - CHILDHOOD CANCER AWARENESS MONTH

7.C PARKS & RECREATION DEPARTMENT ACTIVITY REPORT
RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the Parks & Recreation Department's Activity Report for the period of April 1, 2023, to July 31, 2023.

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 Presented by: Gregory Barnes, Parks & Recreation Director

8. CITY COUNCIL REPORTS

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 AMENDMENT NO. 4 TO VRSD CONTRACT NO. 19-005 REGARDING

CORPORATION STREET SINKHOLE REPAIR PROJECT
RECOMMENDATION:

Staff recommends that the City Council:

Authorize the City Manager to execute Amendment No. 4 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).

10.B APPROVAL OF OFFICE OF TRAFFIC SAFETY (OTS) GRANT

AGREEMENTS, BUDGET APPROPRIATIONS, AND PURCHASE OF A

RADAR MESSAGE SIGN WITH TRAILER AND ACCESSORIES
RECOMMENDATION:

Staff recommends City Council:

1. Approve grant agreements PT23072 for FY2022/23 and PT24190 for FY2023/24 between the City of Santa Paula and the State of California - Office of Traffic Safety (OTS); and

2. Approve a budget allocation of $77,000.00 for grant PT23072 for FY2022/23 and $65,000 for grant PT24190 for FY2023/24, respectively, in new revenue and matching expenditures from the State of California - Office of Traffic Safety (OTS) Fund 314, as noted in the Fiscal Impact section of the staff report; and

3. Authorize the City Manager to purchase (1) New SpeedAlert 24 Radar Message Sign (RMS) System with ATS-5 Trailer and accessories, in the amount of $18,842.10 plus tax from All Traffic Solutions Inc.

10.C AGREEMENT WITH THE SANTA PAULA CHAMBER OF COMMERCE RECOMMENDATION:

Staff recommends City Council:

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

1. Authorize the City Manager to enter into a professional services agreement with the Chamber of Commerce for FY2023 - FY2024.

10.D NOTICE OF COMPLETION FOR THE BOYS & GIRLS CLUB RESTROOM

REMODEL PROJECT
RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the work performed by EJS Construction Inc.

2. Authorize staff to file the Notice of Completion with the County Recorder.

10.E AGREEMENT WITH THE LEW EDWARDS GROUP
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to enter into a professional services agreement with the Lew Edwards Group ("LEG") in an amount not to exceed $165,000.00, to provide planning, communication and engagement services consistent with objectives identified within Council's two-year Strategic Plan in a form approved by the City Attorney.

10.F ON-CALL AGREEMENTS FOR PROFESSIONAL CONSULTING SERVICES RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute a three-year professional services agreement with each shortlisted, prequalified firm to provide oncall professional consulting services for FY 2023-2026, namely (1) Bureau Veritas; (2) Encompass Consultant Group (ECG), Inc.; (3) LSY Enterprise, Inc; and (4) Willdan Engineering.

2. Authorize the City Manager or his designee to issue professional consulting services task orders in an amount not to exceed the adopted fiscal year budget or in the annual aggregate of $250,000 per consultant, whichever is less.

10.G RESPONSE TO GRAND JURY REPORT ENTITLED WATER

AVAILABILITY FOR WILDFIRES IN VENTURA COUNTY
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the response letter to the Ventura County Grand Jury and authorize the Mayor to sign the letter.

10.H APPROVAL OF AMENDMENT NO. 2 TO MAINTENANCE SERVICES AGREEMENT WITH NATURAL GREEN LANDSCAPE, INC. FOR CITY

WIDE LANDSCAPE SERVICES
RECOMMENDATION:

City of Santa Paula - City Council - City Council Regular Meeting 5 Staff Recommends City Council:

1. In the abundance of caution, waive competitive bidding for the expanded scope of work and price increase in proposed Amendment No. 2 to a Maintenance Services Agreement with Natural Green Landscape, Inc. for citywide landscaping services, based on findings in the staff report.

2. Authorize the City Manager to execute Amendment No. 2.

10.I 2023-2025 MEMORANDUM OF UNDERSTANDING WITH THE SANTA

PAULA POLICE OFFICERS ASSOCIATION (SPPOA)
RECOMMENDATION:

Approve Resolution No. 7478, approving the Memorandum of Understanding between the City of Santa Paula and the Santa Paula Police Officer's Association (SPPOA) for the period of September 9, 2023 through June 30, 2025

10.J PURCHASE OF PROPERTY ROOM DRY AIR EVIDENCE STORAGE

EQUIPMENT
RECOMMENDATION:

1. Waive the requirement that Air Science be the lowest responsible bidder based on a finding that purchasing the dry air evidence cabinet and accessories from Air Science is "necessary or desirable" for reasons described in staff's report.

2. Approve the purchase of the dry air evidence cabinet from Air Science.

3. Authorize the City Manager or his designee to execute the Air Science purchase agreement.

10.K SPIRIT OF SANTA PAULA HARVARD SHELTER OPERATING

AGREEMENT
RECOMMENDATION:

It is recommended that City Council:

1. Authorize the City Manager to sign an agreement, in substantially the form submitted, with the Spirit of Santa Paula for the operations of the Spirit of Santa Paula Harvard Shelter at 1498 East Harvard Boulevard in alignment with the requirement of the joint funding agreement between the City of Fillmore, Ventura County, and the City of Santa Paula.

10.L CITY ATTORNEY CONTRACT SERVICES
RECOMMENDATION:

Authorize the City Manager to enter into a Legal Services Agreement with Best Best & Krieger, LLP for ongoing attorney services.

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
City of Santa Paula - City Council - City Council Regular Meeting 6 Staff presentation
Public comments
Close public hearing
Discussion and action

11.A

ORDINANCE AMENDING THE DEVELOPMENT CODE TO DEFINE AND

REGULATE SMALL-SCALE ALCOHOL PRODUCTION FACILITIES
RECOMMENDATION:

Staff recommends that the City Council:

1. Conduct a public hearing to consider adopting proposed Ordinance No. 1331.

2. Introduce and waive first reading of Ordinance No. 1331 entitled, "An Ordinance of the City of Santa Paula Amending the Development Code to Define and Regulate Small-Scale Alcohol Production Facilities by Amending Sections 16.05.200 and 16.15.020, and Adding a New Section 16.58.015."

3. Direct the City Clerk to publish a summary of the proposed Ordinance five (5) days before the meeting it is to be adopted and 15 days thereafter.

Presented by: James Mason, Community & Economic Development Director

11.B INTRODUCTION OF ORDINANCE NO. 1330 AMENDING CHAPTER 151

FLOOD DAMAGE PREVENTION
RECOMMENDATION:

Staff recommends that the City Council:

1. Open the public hearing.

2. Waive first reading, read by title only, and introduce Ordinance No. 1330, entitled "An Ordinance of the City Council of the City of Santa Paula, Amending Sections 151.05, 151.06, 151.07, 151.12, 15.20, 151.23, 151.24, 151.25, 151.35, 151.36, 151.47 and 151.48, of the Santa Paula Municipal Code Regarding Flood Damage Prevention." Presented by:

Clete J. Saunier, Public Works Director
Bob Woodward, City Engineer

12. ACTION ITEMS

12.A APPOINTMENTS TO COMMISSIONS AND COMMITTEES
RECOMMENDATION:

Staff Recommends that the City Council:

1. Appoint applicants to various Commissions and Committees.

City of Santa Paula - City Council - City Council Regular Meeting 7 Presented by: Julie Latshaw, City Clerk

12.B APPROVAL OF A YOUTH APPRENTICESHIP READINESS

ACCELERATOR (YARA) PROGRAM
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute all agreements related to the Youth Apprenticeship Readiness Accelerator (YARA) Program in a form approved by the City Attorney; and

2. Adopt Resolution No. 7479 establishing partial funding obligations associated with the City’s disbursement of American Rescue Plan Act (ARPA) funds allocating $100,000 of funding for the YARA program.

Presented by: Greg Barnes, Parks and Recreation Director

12.C FINANCING AGREEMENT FOR ADVANCED WATER TREATMENT

FACILITY
RECOMMENDATION:

Staff recommends that the City Council, sitting as the City Council of the City and the Board of Directors of the Santa Paula Utility Authority:

1. Adopt Resolution No. 7474 authorizing each of the Executive Director and Chair and their written designees to execute and deliver the Financing Agreement in the name of and on behalf of the Utility Authority for the final development and construction of the Advanced Water Treatment Facility.

Presented by:

Clete J. Saunier, Public Works Director
Eileen Shields, MKN & Associates

12.D UPDATE ON PILOT PROGRAM FOR SPANISH LANGUAGE

INTERPRETATION AT PUBLIC MEETINGS
RECOMMENDATION:

Staff recommends City Council:

1. Receive an update on the pilot program for Spanish language Interpretation at public meetings; and

2. Provide staff direction on whether to extend services at public meetings for FY 2023/24.

Presented by: Miguel Perez, Community Development Technician

12.E CITY MANAGER DEPARTMENT ORGANIZATION
City of Santa Paula - City Council - City Council Regular Meeting 8 RECOMMENDATION:

It is recommended the City Council:

Adopt Resolution 7480, removing the Assistant City Manager position from the adopted Position Control List and establishing a new Deputy City Manager job specification with a corresponding salary at Range 207 within the City’s adopted compensation schedule.

Presented by: Dan Singer, City Manager

13. ITEMS FOR FUTURE AGENDAS

13.A FUTURE AGENDA ITEMS
RECOMMENDATION:

Staff recommends City Council Review Future Agenda Items.

Presented by: Dan Singer, City Manager

14. CLOSED SESSION

15. ADJOURNMENT
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 9 To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: PARKS & RECREATION DEPARTMENT ACTIVITY REPORT
Date: September 6, 2023
Agenda Item: 7.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the Parks & Recreation Department's Activity Report for the period of April 1, 2023, to July 31, 2023.

Presented by: Gregory Barnes, Parks & Recreation Director BACKGROUND:

For the months of April 2023 through July 2023, the Parks & Recreation Department worked on and executed the following:

RECREATION & COMMUNITY SERVICES
Youth Classes Number of Participants
Folklorico Dance 51
Gymnastics 244
Taekwondo 119
Archery 77
Clay Play Art Class *NEW* 11
Weaving Wednesdays Art Class *NEW* 12
Youth Sports Number of Participants
Summer T-Ball 80
Summer Blacktop Basketball 54
Summer Camp:

Offered ten (10) different specialty camps and provided transportation to each for over 300 Santa Paula Unified School District students:
10 Basketball, Soccer, Football, Baseball, Softball, Sports of all Sorts, Taekwondo, Magic Camp, Dance, and Cheer.

Mobile Activity Center (MAC):

June 19 - July 28
Averaged 30 participants per day. MAC was offered at the following parks: Obregon Park, Las Piedras Park, Ebell Park, and Teague Park.

Program was originally planned to run for four (4) weeks, but due to its popularity, the program was extended two (2) additional weeks.

City Corps
City Corps Leader Trainees participated in 391 projects. Total number of hours worked is 1,838. Some of the projects they participated in include:

Event Logistics (Easter / Earth Day, Cinco de Mayo)
Delivered welcome kits to new residents
PBID Town Keeping
MAC Program
Movie in the Parks
Senior Nutrition
Graffiti Abatement
Tree Healthcare
Working alongside Water Division staff
Note: Purchased an electric cart / vehicle for City Corps. The cart will be used for various projects including their downtown Town Keeping Project.

Adult Classes Number of Participants
Archery 34
Adult Sports Number of Teams Number of Participants
Indoor Pickleball *NEW* n/a 46
Kickball Spring Season 6 90
Kickball Summer Season 8 120
Softball Summer Season 5 75
Community Events
The Department offered four community events over the past four months. Including two Movies at the Park events and the annual fireworks show in partnership with the Rotary Club Fireworks Committee, the Ventura County Fire Department, the Police Department, and the Public Works Department.
11 April 1st Easter/Earth Day
June 3rd Movie at the Park (Sandlot at Harding Park)
July 4th Fireworks Show at Harding Park
July 21st Movie at the Park (Selena at Las Piedras
Park)
Santa Paula Proud Volunteer Program
New volunteer software has been adopted and is in operation. The software is called "Better Impact". The new software includes features such as recruitment, advertising, onboarding, and tracking.

Since implementation there are 11 volunteers in the system with a total of 36 volunteer hours accumulated.

Staff has been organizing and planning for the next Santa Paula Beautiful Day which is scheduled for Saturday, October 7th.

SENIOR SERVICES
There are over 120 seniors currently participating in various classes & programs at the Senior Center: Mat Yoga, Chair Yoga, Knitting Club, Zumba, Crafts Classes *NEW*, Walking Club, Coffee Club, Tai-Chi (seated) *NEW*, Enhanced Fitness, Adult Archery, and Creative Writing.

In addition to ongoing classes and programs seniors attended four monthly luncheons with an average attendance of 90 seniors, monthly movies are offered in the auditorium, and the monthly Cinema Club continued to meet to watch a movie followed by a group discussion.

On May 24th, Senior Services hosted the annual Wellness Fair. Over 100 seniors participated.

There were 22 service providers/vendors on hand to provide information to seniors and lunch was provided.

In June, a group from the Senior Center took a trip to the Ventura County Area Agency on Aging farm. This farm provides fresh fruit and vegetables to seniors throughout Ventura County. The Farm Manager gave the seniors a tour of the garden.

Starting in July the Senior Center partnered with De Colores Multicultural Folk Arts to offer free intergenerational art workshops to the community. They are offered on Wednesdays from 10am-12pm. The workshops have been well attended and continue through the month of September.

Senior Nutrition Program
The Senior Nutrition program served 3,175 congregate meals and delivered 4,280 meals to homebound seniors during the months of April 2023 - July 2023.

Total number of meals served for FY 22-23: 22,168
Staff submitted VCAAA grant application for senior meals. City was awarded $89,880 for FY 23-24.
12 PARKS & FACILITIES
Total work orders issued - 2,355 (99.6% completed)
396 of those work orders were for graffiti abatement.

Completed Fleet Services office and Corporate Yard restroom repairs and remodel.

Installed new safety lighting on the Las Piedras Park restroom building.

Assisted America in Bloom in placing additional flower baskets along Main Street and the downtown area.

Started the City Hall Breakroom remodel.

Completed the City Hall hallway remodel: new floor and paint.

Started the Council Chambers remodel.

Assisted with the 4th of July Fireworks Show.

Installed new irrigation at the Morton Bay Fig Tree.

Replaced two pumps at the Granite Ball Fountain in Railroad Plaza Park.

Replaced sports lighting bulbs at Harding Park, Las Piedras Park, and Teague Park.

Moved City art collection to the Art Museum for storage and inventory.

Completed HVAC system inspections and maintenance.

Completed the Boys & Girls Club restroom remodel.

Installed PAL & City Corps logos on the Cultural Arts Building.

Replaced all sprinklers on the sports field at Las Piedras Park.

Tree Maintenance Report
Pruned 24
Removed / Fallen 8
Planted 7

ADMINISTRATION
Completed department's two-year budget.

Continued to work on due diligence and negotiations with Chevron regarding the possible donation of the Union Oil Building.

Hosted, along with the City Manager's Office, the first Union Oil Building Community Workshop
Worked alongside the Santa Paula Unified School District on a Memorandum of Understanding and Budget to offer youth sports at each school site.

Starting meeting with field users regarding park maintenance concerns. The group meets on a monthly basis. Worked with staff to continue to plan for the opening of the PAL & City Corps Youth Center (Cultural Arts Building).

Continued to work with RWC (Project Management) regarding various projects: Police Remodel, City Hall Campus Security Fencing, Teague Park Restrooms, Mill Park Restrooms, Union Oil Building Facility Report, Boys & Girls Club Restroom Remodel.

FACILITY RENTALS
Community Center 27
Cultural Arts Building 0
13 Train Depot 1

PARK RENTALS & RESERVATIONS
Teague Park 82
Las Piedras Park 99
McKevett Park 57
Harding Park 463
Recreation Park 8

PERMITS, BANNERS & OTHER TRANSACTIONS
Special Event Permits 13
Film Permits 2
Jolly Jump Permits 2
Main Street Banners 3
Teague Park Banners 2
ANALYSIS:

N/A
STRATEGIC PLAN:

This item does not directly achieve council's two-year strategic goals.

FISCAL IMPACTS:

No fiscal impact.

OPTIONS:

N/A
ATTACHMENTS:
14 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: AMENDMENT NO. 4 TO VRSD CONTRACT NO. 19-005 REGARDING

CORPORATION STREET SINKHOLE REPAIR PROJECT
Date: September 6, 2023
Agenda Item: 10.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

BACKGROUND:

In early January of 2023, City staff investigated a sinkhole which had appeared on Corporation Street near its intersection with Corporation Alley. The sinkhole’s appearance coincided with a series of severe storms which commenced in late December of 2022 and continued through January, culminating in a federal disaster declaration. The sinkhole’s formation was accompanied by significant rainfall and related surface and groundwater flow, which appeared to undermine the existing storm drain and its bedding, causing the drainpipe to subside and fill with mud, rock and related storm debris. The undermining and settlement of the storm drain in turn caused voids in the street subgrade, resulting in the appearance of the sinkhole.

ANALYSIS:

Corporation Street is the primary entrance to the industrial facilities in the area, as well as the Athens facility, the City’s Corporation Yard and Wastewater Reclamation Facility (WRF).

Essential access is currently maintained by steel plating over the sinkhole, provided by the City’s Streets Division. Ventura Regional Sanitation District (VRSD) investigated the damaged storm drain and determined that approximately 370’ of storm drain from the intersection of Corporation Street and Corporation Alley to the intersection of Corporation Street and South Peck Road is completely impacted with storm debris and requires replacement (see Exhibit B) This storm drain replacement would occur in conjunction with the subgrade excavation and repair necessary to restore the roadway.

This portion of Corporation Street is the subject of a proposed paving project which is being completed by a developer in conjunction with a City condition of approval for his development 15 project. The street is in poor condition, and while its paving is essential to the continued access to this portion of the City, the sinkhole excavation, roadway repair and storm drain work must be completed prior to further paving work. The imminent nature of the required paving per the developer’s obligation renders the repair of the sinkhole and storm drain an immediate priority.

The City has submitted this project to the Federal Emergency Management Agency (FEMA) Public Assistance Grant Program (DR4683) and is awaiting response regarding approval.

VRSD has submitted a proposal for $179,297 to complete the road repair and storm drain replacement work under their existing on-call maintenance contract no. 19-005. Staff recommends City Council approve Amendment No. 4 to VRSD Contract No. 19-005 (Exhibit A) for this work, together with a 7.5% construction contingency of $13,447.28, for a total of $192,744.28. The VRSD Board approved Amendment No 4 to Contract No. 19-005 at its August 23, 2023 Special Meeting.

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:

Sufficient funding for the project’s construction is available from the Paving CIP. A budgetary summary is presented in Tables 1 and 2 below.

Table 1: Funding Sources – Roadway Repair
Fund Source Account No. Budget
Measure T 104-5-9285-660 $45,509.00
General Fund 100-5-9285-660 $149,000.00
Total = $194,509.00
Table 2: Project Cost – Roadway Repair
2021-2023 CIP Program Account No. Cost
Corporation Street Sinkhole Repair Project
104-5-9285-660
100-5-9285-660
$192,744.00
OPTIONS:

In addition to the recommended action, the Council has available to it the following alternative options:

1. Do not authorize the City Manager to execute Amendment No. 4 and direct staff to 16 renegotiate one or more terms in the Amendment with VRSD. This action would significantly delay critical infrastructure repair.

2. Do not authorize the City Manager to execute Amendment No. 4 and direct staff to seek bids for the project. This action would significantly delay critical infrastructure repair.

ATTACHMENTS:

EXHIBIT A - Santa Paula Amendment No. 4 to VRSD Contract No. 19-005.pdf EXHIBIT B - Project Location Map and Existing Corporation Street Plans.pdf 17 EXHIBIT A
AMENDMENT NO. 4 TO VRSD CONTRACT NO. 19-005
18 65283.00007\41555303.1
1 AMENDMENT NO. 4 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
This AMENDMENT NO. 4 (“AMENDMENT NO. 4”) to that certain WASTEWATER

COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM MAINTENANCE

AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA AND VENTURA REGIONAL SANITATION DISTRICT, dated March 20, 2019 (“ORIGINAL AGREEMENT”) is made and entered into this ____ day of September 2023, by and between the VENTURA REGIONAL SANITATION DISTRICT, a public agency formed pursuant to California Health & Safety Code Section 4700 et. seq., (“DISTRICT”) and the CITY OF SANTA PAULA, a California general law city and municipal corporation (“CITY”) (each a “Party”; and together, the “Parties”.

RECITALS
A. On March 20, 2019, DISTRICT and CITY entered into the ORIGINAL AGREEMENT, wherein DISTRICT agreed to service and maintain the CITY’s wastewater collection system and separate stormwater sewer system.

B. On November 19, 2020, CITY and DISTRICT entered into AMENDMENT NO. 1 to the AGREEMENT. AMENDMENT NO. 1 extended the end date of the ORIGINAL AGREEMENT to June 30, 2023 to align with the fiscal year (“FY”) and made corresponding amendments to the Base Annual Fee schedule, attached as Exhibit A-2 to the ORIGINAL AGREEMENT, including an increase to the total four-year contract amount from $1,416,201 to $1,542,201, an $81,000 increase.

C. On May 18, 2022, CITY and DISTRICT entered into AMENDMENT NO. 2 to the ORIGINAL AGREEMENT. AMENDMENT NO. 2 extended the end date of the ORIGINAL AGREEMENT to June 30, 2027, increased the contract amount for FY 2022-2023 (i.e. Contract Year 4) to $575,821, specified in greater detail the costs of services and equipment (including the addition of an exhibit with DISTRICT hourly rates), added an automatic annual Consumer Price Index (CPI) adjustment, required rebates to customers under certain conditions, and revised the grounds and conditions for termination.

D. On June 29, 2023, CITY and DISTRICT entered into AMENDMENT NO. 3 to the ORIGINAL AGREEMENT, AMENDMENT NO. 3 increased the contract amount for FY 2022-2023 (i.e. Contract Year 4) to $767,021 and for FY 2023- 2024 (i.e. Contract Year 5) to $740,066. Rates can be adjusted annually for inflation, in accordance with the U.S. Bureau of Labor Statistics’ Consumer Price Index (CPI) from a minimum of 0% to a maximum of 5%.
19 65283.00007\41555303.1
2 E. As used hereafter, the term “AGREEMENT” shall mean the ORIGINAL AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, and AMENDMENT NO. 3.

F. DISTRICT and CITY now desire to enter into this AMENDMENT NO. 4 to increase DISTRICT compensation for FY 2023-2024 (i.e. Contract Year 5) to fund road repair and storm drain replacement work resulting from severe winter storms. Unless otherwise specifically defined herein, all capitalized terms will have the same meaning ascribed in the ORIGINAL AGREEMENT.

NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter contained, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. The foregoing Recitals are true and correct and are made a part of this First Amendment as if fully set forth herein.

SECTION 2. District will perform road repair and storm drain replacement work on a portion of Corporation Street as shown in the vicinity map attached as Exhibit A to this Amendment No. 4 (the “Work”).

SECTION 3. City will increase District’s compensation for FY 2023-2024 (Contract Year 5) to an amount not to exceed $932,810, an increase of $192,744. The increased amount consists of $179,297 for the Work plus a 7.5% construction contingency of $13,447 (“Contingency”). The City Manager or his designee, if authorized by the City Council, may approve contract change orders in an amount not to cumulatively exceed the Contingency.

SECTION 4. The contract year compensation schedule in Exhibit A-2 (“Base Annual Fee”) to the Agreement is hereby amended to read as follows:
“The Annual Fee in the first Contract Year, defined as April 1, 2019 to June 30, 2020, is an amount equal to and not to exceed $444,925. The Annual Fee not-to-exceed amount for each subsequent Contract Year during the Term is:

Contract Year Contract Date Amount
Contract Year 2 July 1, 2020 to June 30, 2021 $363,420
Contract Year 3 July 1, 2021 to June 30, 2022 $370,689
Contract Year 4 July 1, 2022 to June 30, 2023 $767,021
Contract Year 5 July 1, 2023 to June 30, 2024 $932,810
Contract Year 6 July 1, 2024 to June 30, 2025 $777,069
Contract Year 7 July 1, 2025 to June 30, 2026 $815,923
Contract Year 8 July 1, 2026 to June 30, 2027 $856,719
TOTAL EIGHT-YEAR EXPENSE $4,508,480
SECTION 5. Except as provided in this Amendment No. 4, all other terms and 20 65283.00007\41555303.1
3 conditions of the Agreement shall remain in full force and effect. In the event of a conflict between this Amendment No. 4 and the Agreement , the provisions of this Amendment No. 4 shall control.

SECTION 6. This Amendment No. 4 may be executed in counterparts, each of which shall constitute an original, and all of which taken together shall constitute one and the same agreement.

SECTION 7. The Parties agree that this Amendment No. 4 may be transmitted and signed by electronic or digital means by either/any or both/all parties and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7.

SECTION 8. The person or persons executing this Amendment No. 4 on behalf of the respective Parties warrant and represent that they have the authority to execute this Amendment No. 4 and the authority to bind the Parties, as applicable, to the performance of their respective obligations hereunder.
[SIGNATURES ON NEXT PAGE]
21 65283.00007\41555303.1
4 SIGNATURE PAGE
TO
AMENDMENT NO. 4 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
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written (“Effective Date”).

CITY OF SANTA PAULA VENTURA REGIONAL

SANITATION DISTRICT
_________________________________ ____________________________ Dan Singer, Kevin Kildee,
City Manager Chairman of the Board
ATTEST: ATTEST
_____________________________ _____________________________ Julie Latshaw, Juliet Rodriguez,
City Clerk Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:

ARNOLD, LAROCHELLE,

MATHEWS, VANCONAS & ZIRBEL, LLP
_________________________________ _______________________________ Monica Castillo, Robert N. Kwong,
Interim City Attorney Legal Counsel for District
22 65283.00007\41555303.1
5 EXHIBIT A
TO
AMENDMENT NO. 4 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
(Vicinity Map for Corporation Street Pipe Replacement)
[Attached behind]
23 EXHIBIT B
Project Location Map and Existing Corporation Street Plans 24 25
26 To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Interim Police Chief
Subject: APPROVAL OF OFFICE OF TRAFFIC SAFETY (OTS) GRANT

AGREEMENTS, BUDGET APPROPRIATIONS, AND PURCHASE OF A

RADAR MESSAGE SIGN WITH TRAILER AND ACCESSORIES
Date: September 6, 2023
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Approve grant agreements PT23072 for FY2022/23 and PT24190 for FY2023/24 between the City of Santa Paula and the State of California - Office of Traffic Safety (OTS); and

BACKGROUND:

In January 2022, the City of Santa Paula Police Department ("SPPD") applied for a State of California - Office of Traffic Safety (OTS) grant to combat traffic-related collisions caused by alcohol, distracted driving, and other factors.

In September 2022, OTS awarded SPPD grant PT23072 - Exhibit A, in the amount of $77,000.00, to execute operations, programs, and purchase equipment to support strategies to reduce crashes involving alcohol and other primary crash factors.

The grant performance period began October 1, 2022 and ends September 30, 2023, with all purchases related to the Grant Agreement ("Agreement") required to take place during this period. The Agreement, attached as Exhibit A, was signed by the Grant Director (Santa Paula Police Sgt. Ken Clark), Fiscal Official (Finance Director Christy Ramirez), Authorizing Official (Chief of Police Travis Walker) and Authorizing Official of the Office of Traffic Safety (Director Barbara Rooney).
27 Grant activity has been reported to OTS by the Santa Paula Police Department on a quarterly basis for quarters one through three along with claims for reimbursement which have been submitted to OTS by the City of Santa Paula Finance Department. The submissions have been accepted by the OTS and are in compliance with the Agreement.

The current Agreement is in the final quarter and reporting and final review of the grant year is due on September 30, 2023. During the 4th quarter, to maintain compliance with our commitment stipulated in the grant, SPPD is purchasing a portable traffic/radar message board as described in the Agreement. The cost is $18,842.10 and satisfies Section D, Equipment Purchase in the grant.

Additionally, in August 2023, OTS awarded the City of Santa Paula Police Department grant PT24190 - Exhibit B, in the amount of $65,000.00, to execute operations, programs, and purchase equipment to support strategies to reduce crashes involving alcohol and other primary crash factors for FY2023-24.

ANALYSIS:

The acceptance of both Agreements allows the police department to implement best practices and strategies that will reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

Related to Agreement PT23072 - Exhibit A, SPPD identified a specific radar message system with trailer and accessories to meet the standards and needs for strategies that will reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The selected radar message system, trailer and accessories have been identified in Exhibit C.

Due to the time-sensitive nature of grant funds expiring for Agreement PT23072 at the end of September 30, 2023, in addition to the fact that the lead time for radar system is a couple of weeks, staff is recommending moving forward with the purchase of the radar message system, trailer and accessories. The radar message board would be purchased under our existing Sourcewell Contract which, as a cooperative purchasing program, does not require the normal competitive bidding process. Santa Paula’s Municipal Code allows for Cooperative Purchasing agreements to be utilized in place of the Formal Bid process: Title IV: Contracts and Purchases, Chapter 41: Purchasing, § 41.11 Cooperative Purchasing The procedures set forth above (Formal Bid process) need not be followed where the Purchasing Agent identifies a cooperative purchasing program administered by a government-oriented entity, or; a local, state, or federal governmental agency. When in the city’s best overall interests, the Purchasing Agent may enter into a contract for the purchase of supplies and general services awarded through such a cooperative purchasing program. City Council consent is required for such arrangements where the estimated value of the supplies or general services exceed $50,000.

Additionally, staff is recommending Council approve grant agreement PT24190 for FY2023/24 28 between the City of Santa Paula and the State of California - Office of Traffic Safety (OTS) as the performance period for this Agreement begins October 1, 2023 along with a corresponding budget allocation of $65,000 in new revenue and matching expenditures from the State of California - Office of Traffic Safety (OTS) Fund 314. No matching funds are required on behalf of the City for either Agreement.

STRATEGIC PLAN:

While this item is not an objective in City Council’s two-year Strategic Plan, approval of this item supports Council's goal in Section E. Public Safety & Emergency Preparedness, by creating 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.

FISCAL IMPACTS:

Acceptance of funding from the State of California’s Office of Traffic Safety, retroactive to October 1, 2022, will result in revenue to the Police Department of $77,000.00 which will be used to conduct traffic enforcement and educational programs within the City. A budget adjustment to recognize revenues and expenses for this grant in fund 314 are included in the staff recommendations. Because the State’s fiscal calendar runs through September 30th, there will be an overlap of prior year expenses. Additionally, a new budget allocation of $65,000.00 for the performance period October 1, 2023 through September 30, 2024 is required. Staff will return to Council at the mid-year fiscal review to provide any additional adjustments needed.

A new budget allocation totaling $142,000.00 in revenue and matching expenditures is needed, spanning two fiscal years as noted below. Any remaining allocation from FY 22/23 will be carried over to FY 23/24, within the City Manager's approval authority.

The following budget adjustment is recommended:

Account Description
Debit (Increase
Expense)
Credit (Increase
Revenue)
Fund 314 Grant Expenses
(FY22-23)
$77,000.00
Fund 314 Grant Expenses
(FY23-24)
$65,000.00
Fund 314 Grant Revenue (FY22-
23)
$77,000.00
Fund 314 Grant Revenue (FY23-
24)
$65,000.00
OPTIONS:

As an alternative to staff's recommendation, the City Council has the following options:

1. Decline to approve staff's recommendation. If this item is not approved by Council, staff will not have the necessary funding to move forward with alcohol related programs in the community, thereby forfeiting the awarded grants funds; or 29 2. Provide staff with alternate direction.

ATTACHMENTS:

Exhibit A - PT23072 - Grant Agreement FY2022-23.pdf
Exhibit B - PT24190 Grant Agreement FY2023-24.pdf
Exhibit C - All Traffic Solutions Sourcewell Quote for Radar Message System.pdf 30 EXHIBIT A -
PT23072 OTS
GRANT
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50

EXHIBIT B -
PT24190 OTS
GRANT
51 8/16/2023 1:07:03 PM Page 1 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24190

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Santa Paula From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Paula Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $65,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Cody Madison
Sergeant
[email protected]
(805) 525-4474 ext. 168
214 S. 10th Street
Santa Paula, CA 93060
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Travis Walker
Chief of Police
[email protected]
(805) 525-4474 x123
214 S. 10th Street
Santa Paula, CA 93060
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Christy Ramirez
Finance Director
[email protected]
(805) 933-4211 x204
970 E. Ventura Street
Santa Paula, CA 93060
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
52 8/16/2023 1:07:03 PM Page 2 of 16

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $65,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$65,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $65,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

TDLLJXMQYPJ9
970 Ventura Street
Santa Paula
93060-3637
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
53 8/16/2023 1:07:03 PM Page 3 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24190

1. PROBLEM STATEMENT
The City of Santa Paula is situated among the orchards of the Santa Clara River Valley and located in Ventura County, California. Santa Paula Police Department (SPPD) provides services to 31,059 constituents in an area that comprises approximately 5.69 miles. The City is surrounded by rolling hills and rugged mountain peaks complemented by orange, lemon, and avocado trees—in fact, more often than not, Santa Paula is referred to locally as the “Citrus Capital of the World.” Protecting the City and its residents, SPPD is a progressive law enforcement agency with a full-time staff consisting of 31 individuals, as well as 18 civilian positions that’s funded into our agency’s annual fiscal budget. As a result, SPPD finds itself deeply committed to regularly providing the high-quality services its citizens need, not to mention the City’s thriving commercial merchants, community-based organizations/nonprofits, and 14 district-area schools/learning centers.

The influx of road traffic, in addition to the day-to-day operations of ensuring traffic safety for the community, is an ongoing challenge for SPPD as it continues to feel the reverberations and is struggling to bounce back from a multi-year deficit in traffic enforcement. With the arrival of the COVID-19 pandemic in March 2020 came drastic cuts to SPPD’s annual budget, making life more dangerous for Santa Paula’s traffic enforcement due to reduced training, staffing, and a dire lack of equipment funds. Since 2020, traffic and lawyer reports, as well as the following news articles, have all-too-accurately reflected this steady decline in services:
“Pedestrian Injured in a Hit-and-Run in Santa Paula,” Arash Law Injury Lawyers, January 2023:
https://arashlaw.com/01-24-2023-ventura-county-ca-male-pedestrian-severely-injured-following-hit-and-runcrash-in-santa-paula “Fatal Crashes in Santa Paula and Oxnard after Mugu Rock Raise Weekend Death Toll to 8,” Ventura County Star, November 2022: www.vcstar.com/story/news/2022/11/07/chp-8-dead-weekend-fatal-crashessanta-paula-rice-avenue-oxnard-and-mugu-rock-pcific-coast-highway/8292758001 “Three Victims Identified from Fatal Ventura County Crashes (including Santa Paula), According to California Highway Patrol,” Ventura County Star, November 2022:
www.vcstar.com/story/news/2022/11/08/victims-identified-fatal-ventura-county-crashes-oxnard-santapaula/8304800001 “One Killed in Two-Vehicle Crash on Foothill Road in Santa Paula,” LA Weekly, August 2022:
www.laweekly.com/one-killed-two-vehicle-crash-foothill-road-santa-paula-ca “School bus in Santa Paula Overturns with 11 People Aboard; Officials Say, with Two Student Athletes Hurt,” ABC7, April 2022: https://abc7.com/santa-paula-school-bus-crash-ventura-county/11780945 “Two Badly Hurt in Crash on Santa Paula Freeway at Briggs Road,” California Injury Crash Lawyer, January 2022: https://californiainjurycrashlawyer.com/santa-paula-car-crash-on-state-route-126-at-briggs-road “Robert Perez Killed in Pedestrian Crash on West Telegraph Road in Santa Paula,” US Crash Lawyer, June 2021: https://uscrashlawyer.com/news/robert-perez-killed-pedestrian-crash-west-telegraph-road-santapaula-ca “Two Dead, Three Hurt in Three Vehicle Traffic Crash in Ventura County (including Santa Paula), KCLU, February 2021: www.kclu.org/local-news/2021-02-22/two-dead-three-hurt-in-three-vehicle-traffic-crash-inventura-county “Driver Trapped After Vehicle Overturns on South Mountain Road Outside Santa Paula,” Ventura County Star, October 2020: www.vcstar.com/story/news/local/communities/santa-paula/2020/10/18/driver-trappedafter-vehicle-overturns-near-santa-paula/3706449001 The Santa Paula Police Department has been the recipient of funding from the Office of Transportation and Safety in prior years, most recently 2021 and 2020. Departmental statistics and records indicate the efficacy of activities related to OTS. Based on data from Santa Paula Police Department's RMS System, the Santa Paula Police Department has responded to 232 traffic crashes from 2020-2021. Of these, there were 67 injury traffic crashes with 86 people injured and 3 fatal traffic crashes. These figures do not include traffic crashes that occurred in the city of Santa Paula on SR126 that other agencies responded to. It is our hope to continue to receive the support of OTS to support our efforts to reduce deaths and injuries on Santa Paula roads through higher level enforcement and educational opportunities. 54 8/16/2023 1:07:03 PM Page 4 of 16

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2

7. Send law enforcement personnel to the DRE Recertification training. 1

8. Send law enforcement personnel to SFST Instructor training. 2

9. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 10. Conduct DUI Saturation Patrol operation(s). 9
55 8/16/2023 1:07:03 PM Page 5 of 16

11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
5 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled 56 8/16/2023 1:07:03 PM Page 6 of 16
release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives. 57 8/16/2023 1:07:03 PM Page 7 of 16

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
58 8/16/2023 1:07:03 PM Page 8 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24190

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$40,000.00
402PT-24 20.600 State and Community Highway
Safety
$25,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $5,600.00 2 $11,200.00
DUI Saturation Patrols 164AL-24 $2,400.00 9 $21,600.00
Benefits for 164AL OT @ 12.62% 164AL-24 $32,800.00 1 $4,139.00 Traffic Enforcement 402PT-24 $1,720.00 5 $8,600.00
Distracted Driving 402PT-24 $1,600.00 3 $4,800.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,600.00 3 $4,800.00 Benefits for 402PT OT @ 12.62% 402PT-24 $18,200.00 1 $2,297.00 Category Sub-Total $57,436.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $4,503.00 1 $4,503.00
$0.00
Category Sub-Total $4,503.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $3,061.00 1 $3,061.00
Category Sub-Total $3,061.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $65,000.00
59 8/16/2023 1:07:03 PM Page 9 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24190

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 164AL OT @ 12.62% - Benefit breakdown:

WC = 11.17%
Medicare = 1.45%
TOTAL Benefit 12.62%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 402PT OT @ 12.62% - Benefit breakdown:

WC = 11.17%
Medicare = 1.45%
TOTAL Benefit 12.62%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include (enter other known conferences or required events).

All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 60 8/16/2023 1:07:03 PM Page 10 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24190
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
61 8/16/2023 1:07:03 PM Page 11 of 16
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 62 8/16/2023 1:07:03 PM Page 12 of 16
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 63 8/16/2023 1:07:03 PM Page 13 of 16

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 64 8/16/2023 1:07:03 PM Page 14 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 65 8/16/2023 1:07:03 PM Page 15 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
66 8/16/2023 1:07:03 PM Page 16 of 16

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 67 EXHIBIT C - ALL

TRAFFIC SOLUTIONS

SOURCEWELL

QUOTE FOR RADAR

MESSAGE SYSTEM

WITH TRAILER
68 69
70 To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: AGREEMENT WITH THE SANTA PAULA CHAMBER OF COMMERCE Date: September 6, 2023
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to enter into a professional services agreement with the Chamber of Commerce for FY2023 - FY2024.

BACKGROUND:

The relationship between the Chamber of Commerce ("Chamber") and the City is a crucial partnership that drives economic growth and community development. The Chamber represents businesses, advocating for favorable conditions and policies. This collaboration enhances infrastructure, promotes tourism, and fosters a sense of community. Coming out of the pandemic, this collaboration has grown exponentially, most notably in efforts supporting the downtown Property Business Improvement District ("PBID") and support for economic vitality efforts focused on Council's former two-year Strategic Plan. In the past two-years, the Chamber collaborated with City staff to develop programs such as the business round table sessions with local business owners, and conducted workshops with partners such as the Economic Development Collaborative ("EDC") and Women's Economic Ventures ("WEV").

During budget discussions earlier this year, the Chamber Board of Directors came to City staff asking to enhance the existing partnership.

On June 7, 2023, the Chamber Executive Director, John Marquez, attended a Special Meeting of the City Council whereby he presented a proposal to Council in which the Chamber would assist City staff with a scope of services to augment and assist staff in executing various economic vitality initiatives, most notably, Council's recently adopted two-year Strategic Plan.

Council was amenable to the proposal and provided recommendations to staff on modifying the Chamber's scope of work.

On June 14, 2023, during a Special Meeting of the City Council, Council had more in depth budget discussions related to setting aside $30,000 per fiscal year for the Chamber and on June 21, 2023, the budget was adopted setting aside the funds. 71 ANALYSIS:

Since the passage of the adopted budget, members of the Chamber Board of Directors and City staff have further refined the scope of work notated as Exhibit A within the contractual services agreement attached ("Exhibit A").

Once executed, the Chamber will work with staff to execute the outlined scope of work and shall submit to the City Manager, or his/her designee, a monthly verbal or written report in addition to an annual State of the City report to the community on achieved milestones, projects or programs implemented.

STRATEGIC PLAN:

Approval of this item moves the City closer to completing several objectives contained within City Council’s two-year Strategic Plan, Section B. Economic Development with the goal of 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:

Funds for this professional services agreement have been budgeted for in the amount of $30,000 for FY23/24 and FY24/25 under City Council GL 100-5-0501-323.

OPTIONS:

City Council has the following available alternative options to staff’s recommendation:

1. Direct staff to make further revisions to the Chamber's scope of work;

2. Do not enter into an agreement with the Chamber of Commerce.

ATTACHMENTS:

Exhibit A - Chamber of Commerce Agreement.pdf
72 EXHIBIT A -

CONTRACTUAL

SERVICES

AGREEMENT WITH

SANTA PAULA

CHAMBER OF

COMMERCE
73 -1-

CITY OF SANTA PAULA

CONTRACTUAL SERVICES AGREEMENT
ARTICLE 1. PARTIES.

THIS CONTRACTUAL SERVICES AGREEMENT (hereinafter the “Agreement”) is made this September 6, 2023, (the “Effective Date”) by and between the City of Santa Paula (hereinafter the “City”), a municipal corporation, with its principal place of business at 970 Ventura Street, Santa Paula, California 93060, and the Santa Paula Chamber of Commerce (hereinafter the “Chamber”), a California nonprofit corporation, with its principal place of business at 200 N 10th Street, Santa Paula, California 93060. The City and the Chamber are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” ARTICLE 2. RECITALS.

2.1 The Chamber desires to perform and assume responsibility and obligation for the provision of certain services (“Services”), as hereinafter described, on the terms and conditions set forth herein.

2.2 The City desires to engage the Chamber to render such Services, as hereinafter described on the terms and conditions set forth herein. The City has determined that the provision of these Services will be of benefit to the City by fostering and reinforcing the City’s positive image and furthering the City’s goals of encouraging business development and strengthening communities.

ARTICLE 3. ENGAGEMENT AND SERVICES OF THE CHAMBER.

3.1 Engagement of the Chamber. The City hereby engages the Chamber, and the Chamber promises and agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Services. The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Chamber agrees to perform the Services in accordance with the terms and conditions of this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.2 Term and Termination. The term of this Agreement shall be from July 1, 2023, to June 30, 2024, unless earlier terminated as provided herein. This Agreement may be terminated by either Party upon thirty (30) days written notice. Upon termination, the Chamber shall be compensated only for those Services which have been adequately rendered to City, and the Chamber shall be entitled to no further compensation. In the event of early termination of this Agreement, Chamber shall identify expenditures of the City’s payment to Chamber since the most recent Quarterly Report (defined below) and remit any unused funds allocated for future events or expenditures. Unused funds shall refer to any remaining balance from the total funds allocated by City to Chamber for the purpose of organizing, hosting, and providing the Services as outlined in 74 -2-
Exhibit “A.” The remittance of unused funds shall be paid to City within thirty (30) days of written notice of early termination. Chamber shall provide a detailed written explanation of the calculation and amount of the unused funds being remitted. This explanation shall be provided to City along with the corresponding remittance.

ARTICLE 4. RESPONSIBILITIES OF THE CHAMBER.

4.1 Progress. The Chamber shall work closely and cooperate fully with the City at all reasonable times. The Chamber shall report on the progress of the activities and projects planned in connection with this Agreement quarterly to the City Manager.

4.2 Reporting. The Chamber shall submit to the City Manager, or his/her designee, a written or oral report regarding the status and progress of the Services. The report shall demonstrate the Chamber’s full compliance with the requirements of this Agreement including a summary of the activities performed and planned in connection with this Agreement, and quantifiable milestones and goals for each program planned and implemented in connection with this Agreement. The report shall be provided during the monthly Chamber meeting with the City Manager, or his/her designee. Once a year, during the Chamber State of the City, the Chamber will provide an annual report to the community on achieved milestones, projects or programs implemented.

4.3 Accounting Records. The Chamber shall maintain complete and accurate financial records, including but not limited to, receipts and disbursements, with respect to all costs and expenses incurred by the Chamber during the Term of this Agreement. All such records shall be clearly identifiable. The Chamber, upon the City’s request, 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 at the City’s request.

4.5 The Chamber’s Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Chamber shall be responsible for all costs and expenses incurred relative to the Chamber, personnel of the Chamber and sub consultants of the Chamber in connection with the performance of the Services, including, without limitation,’ payment of salaries, fringe benefits, contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses.

4.6 Independent Contractor. The Services shall be performed by the Chamber or under its supervision. The Chamber shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Chamber represents that it possesses the professional and technical personnel required to perform the Services. The City retains the Chamber on an independent contractor basis and not as an employee of the City. The personnel performing the Services on behalf of the Chamber shall at all times be under the Chamber’s exclusive direction and control.

4.7 The City’s Representative. The City hereby designates the City Manager to act as its representative for the performance of this Agreement (“City’s Representative”). The City’s 75 -3-
Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The Chamber shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

4.8 The Chamber’s Representative. The Chamber hereby designates its Executive Director, or his or her designee, to act as its representative for the performance of this Agreement (“Chamber’s Representative”). The Chamber’s Representative shall have full authority to represent and act on behalf of the Chamber for all purposes of this Agreement. The Chamber’s Representative shall supervise and direct the Services, using his or 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.

4.9 Personnel; Licenses. The Chamber represents and warrants that it and all personnel engaged in performing Services are and shall be fully qualified, authorized, and permitted under state and local law to perform such Services. The Chamber represents and warrants that it and all personnel and sub consultants engaged in performing the Services have and keep all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services under this Agreement.

4.10 Conformance to Applicable Requirements. All aspects of the provision of the Services by the Chamber shall conform to all applicable city, county, state, and federal laws, rules, and regulations in effect at the time the Services are provided.

4.11. Insurance Coverage. The Chamber agrees to maintain adequate insurance coverage throughout the term of this Agreement as determined by the City, including but not limited to general liability insurance, property insurance, and any other coverage required by the City and applicable California laws. The Chamber shall include the City as an additional insured party on any and all insurance policies procured or maintained in connection with this Agreement. The Chamber shall provide proof of insurance to the City upon request and shall promptly notify the City of any material changes to the coverage during the term of this Agreement.

4.12. Indemnity. The Chamber shall indemnify, defend, and hold harmless City, its officials, officers, employees, and agents from any claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liabilities, judgements, awards, settlements, losses, damages or injuries of any kind, and expenses (including reasonable attorneys’ fees) arising out of or, pertaining to, or resulting from the provision of Services, unless such claims arise from the City’s negligence or willful misconduct. The Chamber’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Chamber, the City, its officials, officers, employees, agents, or volunteers.

ARTICLE 5. RESPONSIBILITIES OF THE CITY.

5.1 Cooperation. The City shall cooperate with the Chamber relative to the provisions of the Services. To the extent permitted by applicable law, the City shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by the Chamber, and 76 -4-
shall make that information and related data available for the Chamber’s use during the performance of this Agreement.

ARTICLE 6. COMPENSATION.

6.1 Compensation. In consideration of the Services performed by the Chamber for the City, the City shall pay to the Chamber compensation in the sum of Thirty Thousand Dollars ($30,000) per year for the Term of this Agreement. In no event shall compensation under this Agreement exceed the compensation set forth herein without the City’s prior written approval.

The Parties may mutually agree that the City may provide to the Chamber materials, services, and equipment in partial or total satisfaction of any monetary compensation due to the Chamber hereunder. The value of such equipment, materials and services shall be as agreed upon between the Parties.

6.2 Extra Services. The Chamber shall not receive additional compensation for any extra service unless such extra service has been authorized in writing by the City prior to the commencement of the extra service.

6.3 Reimbursements. The Chamber shall not be reimbursed for any expenses unless authorized in writing by the City.

6.4 Payment of Compensation. The Chamber shall submit an invoice to the City on an annual basis. The City shall make payment to the Chamber within thirty (30) days following the receipt of the invoice.

ARTICLE 7. GENERAL PROVISIONS.

7.1. 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:

Chamber: Santa Paula Chamber of Commerce
PO Box 1
Santa Paula, California 93061
Attn: Executive Director
City: City of Santa Paula
970 Ventura Street
Santa Paula, California 93060
Attn: City Clerk
With copy to: City of Santa Paula
970 Ventura Street
Santa Paula, California 93060
77 -5-
Attn: City Manager
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.

7.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to the Consultant in connection with the performance of this Agreement shall be held confidential by the Chamber. Such materials shall not, without the prior written consent of City, by used by the Chamber 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. Nothing furnished to the Chamber which is otherwise known to the Chamber or is generally known, or has become known, to the related industry shall be deemed confidential. The Chamber shall not use the City’s name or insignia, photographs of any product of the Services, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

7.3 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.

7.4 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

7.5 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County.

7.6 Time of Essence. Time is of the essence for each provision of this Agreement.

7.7 City’s Right to Employ Other Consultants. The City reserves right to employ other consultants in connection with the Services.

7.8 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties and shall not be assigned by the Chamber without the prior written consent of City.

7.9 Assignment or Transfer. The Chamber shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement, or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.
78 -6-

7.10 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 workdays.

All references to the Chamber include all personnel, employees, agents, and subcontractors of the Chamber, except as otherwise specified in this Agreement. All references to the City include its respective directors, 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.

7.11 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

7.12 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.

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

7.14 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.

7.15 Equal Opportunity Employment. The City represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, 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. City shall also comply with all relevant provisions of the City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

7.16 Labor Certification. By its signature hereunder, the 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 prior to commencing the performance of the Services.

7.17 Authority to Enter Agreement. The Chamber has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants the individuals who have signed this Agreement have the legal power, right, and authority to enter into this Agreement and bind each respective Party. 79 -7-

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

7.19 Subcontracting. The Chamber shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. The Chamber may utilize vendors to complete the Services as reasonably necessary.
[Signatures on following pages]
80 -8-
Dated: ______________________ CITY OF SANTA PAULA
a Municipal corporation
By____________________________
Dan Singer, City Manager
Dated: _______________________ SANTA PAULA CHAMBER OF COMMERCE a California nonprofit corporation
By _____________________________
NAME, Board Chair
ATTEST:
___________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
___________________________
Monica Castillo, Interim City Attorney
81 -9-

EXHIBIT A

CITY OF SANTA PAULA

CONTRACTUAL SERVICES AGREEMENT
Scope of Services
The Santa Paula Chamber of Commerce and the City of Santa Paula Contractual Services Agreement is a key component to the economic and community development of the City of Santa Paula and surrounding areas. The Chamber, through this partnership agreement, will act as a liaison between the City and the business community. The Chamber, through diverse business events and educational resources will augment and support the various economic development and community enhancement programs implemented by the City. No portion of the City’s payment under this Agreement will be used for political purposes, including but not limited to, advocating or opposing any local municipal election issue or candidate. The City’s payment shall only be used for those services provided in this scope of services.

The scope of services includes, but is not limited to, five key components from the City of Santa Paula Two-Year Strategic Plan. The Santa Paula Chamber of Commerce will assist the City in implementing the following Strategic Plan Categories and Objectives or goals as outlined below.

The activities that are bulleted under each City goal and objective will be the responsibility of the Chamber through this contract.

I. ARTS, CULTURE, & ENTERTAINMENT
II. ECONOMIC DEVELOPMENT
III. PUBLIC SAFETY & EMERGENCY PREPAREDNESS
IV. CONNECTED AND HEALTHY COMMUNITY
V. COMMUNITY VITALITY
I – ARTS, CULTURE & ENTERTAINMENT
City Strategic Goal:
“Become a regional leader of the arts, culture, and entertainment that accurately represents our history and core values.”
Objective #1 - Public Arts/Murals - Support public art and the mural program. • Public Murals - Help facilitate the production of one new mural per calendar year at the direction of the City.
82 -10-
• Outreach to Artists – Develop an outreach plan specifically for creative economy professionals and organizations. Diversify chamber offerings to specifically target creative members.
• Cultural Arts Collaborative – Market and recruit creative professionals and participate in activities in support of the Cultural Arts Collaborative.

Objective #3 - QR Codes - Pursue the integration of technology with QR codes for historical buildings/murals.
• QR Code Program: Implement and maintain a QR code program on all public art that will include developing a web page on the Chamber website or create a new website highlighting our community public art. Content for each public art piece will be provided by the chamber.

II - ECONOMIC DEVELOPMENT
City Strategic 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 - Business Communications - Create a positive business environment by increasing communications and partnerships with new and existing businesses. • Networking Events – Create, plan, promote and execute high-quality events that provide opportunities for businesses to network, connect, and find resources to grow their business. Key metrics to achieve include:
o 1. 4-6 business roundtables per year.
o 2. 20-40 of attendees on average per event.
o 3. Minimum 12 email blasts, newsletters, etc.
• Provide counseling/workshops/roundtables for new and existing businesses. • Business Technical Assistance – The Chamber will create partnerships with business technical assistance resources including but not limited to SCORE, Economic Development Collaborative, Women’s Economic Ventures, and the County of Ventura Economic Development department to bring classes, workshops, training, and capital resources to Santa Paula. The Chamber will coordinate and provide logistics to make it easier for these organizations to provide services in the city.
• State of the City Address – Produce the City of Santa Paula annual State of the City Address. The City will be promoted as the Title sponsor of the event. 83 -11-
• Film Liaison – Represent the City as the film liaison. This includes:
o Meet with interested production companies to discuss filming opportunities within the city and provide information about the permitting requirements, o After a permit is submitted, the Chamber will help facilitate film logistics between businesses, residents, and production companies to establish an agreement on the filming process within the city limits, o Act as the onsite representative for the city during all filming and production.

Coordinate communication between City staff, businesses, and production companies.
o Follow up with impacted businesses and report feedback on the film production to City staff.
o The Chamber will receive compensation from the production companies for services rendered in accordance with the city’s film permit application.

Objective #6 - Business Attraction - Prepare an economic base study to identify business sectors with greatest potential for expansion in Santa Paula and implement a business retention, marketing and recruitment program to attract those businesses. (General Plan Economic Development & Downtown 1.B)
• City Tours to Prospective Businesses -- Assist the City in its business attraction efforts by planning and organizing meetings and tours between prominent business owners and/or managers, prospective businesses, and city staff. • Liaison with Business Owners and City officials upon request.

III – PUBLIC SAFETY & EMERGENCY PREPAREDNESS
City Strategic 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 #8 - Emergency Communications - Explore technology and increase subscribership with emergency communications to enhance disaster-preparedness efforts. • The Chamber will support marketing and outreach campaigns targeted to businesses to sign up for emergency notification communications. The Chamber will incorporate, into its new member communications, a link to sign up for emergency communications.

The Chamber will also assist the City by canvassing businesses to encourage registrations for the service.
• The Chamber will provide bilingual outreach to register for emergency communications.
84 -12-
IV – CONNECTED AND HEALTHY COMMUNITY
City Strategic Goal:
“Educate and engage residents and businesses about programs, initiatives and foster regional partnerships that create a safe and healthy community to live, work and thrive.” Objective #1: Community Education - Provide community education about City projects, processes, & permits.
• Assist City staff in activating vacant space on Main Street to provide periodic town hall/remote city hall outreach and community engagement opportunities. • Work with City staff to create “Did you know” campaigns helpful to businesses and residents.
• Marketing for City Town Hall Events – Provide outreach support for city town hall events including marketing the event and follow up communications with the business community.

IV – COMMUNITY VITALITY
City Strategic Goal:
“Provide the residents of Santa Paula with sustainable resources and programs to make this a great place to live and grow.”
Objective #2 - Internships - Expand and enhance a Citywide Internship and Apprentice Program. • Partner with the City and Santa Paula Unified School District to implement a yearround internship program to assist with promoting the city and business community.

This includes producing a city monthly newsletter, Good Morning Santa Paula, Business marketing videos and any other content promoting the Santa Paula Community.
• Work with City staff to curate video content useful to businesses and residents. • Provide technical assistance and oversight of subcontractor for the implementation and management of the downtown Farmer’s Market. This includes assistance obtaining permits, marketing and startup support and ongoing oversight. 85 To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: NOTICE OF COMPLETION FOR THE BOYS & GIRLS CLUB RESTROOM

REMODEL PROJECT
Date: September 6, 2023
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the work performed by EJS Construction Inc.

2. Authorize staff to file the Notice of Completion with the County Recorder.

BACKGROUND:

On October 5, 2022, the City Council awarded a public works contract to EJS Construction Inc., for the Boys & Girls Club Restroom Remodel Project. Staff issued the Notice to Proceed on October 6, 2022.

ANALYSIS:

Upon inspection conducted by City staff and the project manager (RWC, Inc.), construction was deemed to have been completed in conformance with the submitted scope of work and specifications. Staff recommends that the Notice of Completion form be filed by staff with the County Recorder. The City has been retaining approximately five percent of the construction contract from EJS Construction Inc., ($13,211.63) to ensure that all subcontractors and suppliers have been paid.

The procedure for releasing these monies is the City Council's formal acceptance of the work with authorization to issue and record a Notice of Completion. If there are no claims filed within 30 days of recording the notice, the final payment of the retained amount can be made to the contractor.

The record of completion establishes the beginning of the warranty period, which is typically one year. The warranty requires that the Contractor guarantee the work performed under the contract and address any defects in workmanship and materials.

STRATEGIC PLAN:
86 This item is not a goal or objective in City Council's two-year Strategic Plan.

FISCAL IMPACTS:

City Council approved a total funding amount of $300,000 for the Boys & Girls Club Restroom Remodel Project. In addition, the County of Ventura awarded an additional $250,000.

The Project has been completed within budget.

OPTIONS:

City Council has the following available alternative options to staff's recommendations:

1. Do not authorize staff to file the Notice of Completion.

By not authorizing staff to file the Notice of Completion, staff will not be able to close out the project and pay the final invoice due to the Contractor.

ATTACHMENTS:

EXHIBIT A - Notice of Completion and Completion of Construction (RWC).pdf 87 EXHIBIT A

NOTICE OF COMPLETION FORM
AND

COMPLETION OF CONSTRUCTION (RWC)
88 Recording Requested by
and When Recorded Mail To:

City Clerk, City of Santa Paula
P. O. Box 569
Santa Paula, CA 93061
NO FEE GOV’T CODE 27383
__________________________________________________________________________________________

NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Boys & Girls Club Restroom Remodel
CIP Project No. : Not applicable
Resolution No.: 7351
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:

1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described.

2. The full name of the owner is: City of Santa Paula

3. The full address of the owner is: City Hall, 970 Ventura Street, Santa Paula, CA 93060

4. The nature of the interest of the owner is: Boys & Girls Club Restroom Remodel.

5. A work of improvement on the property hereinafter described was field reviewed by the City Parks & Recreation Director on August 15, 2023. The work done was: Boys & Girls Club Restroom Remodel.

6. On September 6, 2023 the City of Santa Paula accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder.

7. The name of the Contractor for such work of improvement was: EJS Construction Inc.

8. The properties on which said work of improvement was completed is within the City of Santa Paula, County of Ventura, State of California.

9. The address of said property is 1400 E. Harvard Blvd.

Dated: _____________________________________
Gregory Barnes, Parks & Recreation Director
City of Santa Paula
_________________________________________________________________________________________________

VERIFICATION
I, the undersigned, say: I am the Parks & Recreation Director of the City of Santa Paula, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury the foregoing is true and correct.

Executed on ______________, 2023 at Santa Paula, California. ____________________________________
Gregory Barnes, Parks & Recreation Director
City of Santa Paula
09/06/2023 09/06
89 August 27, 2013
90 To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: AGREEMENT WITH THE LEW EDWARDS GROUP
Date: September 6, 2023
Agenda Item: 10.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

BACKGROUND:

On May 31, 2023, Council held a Special Meeting of the City Council related to possible revenue generating opportunities. During the course of the meeting staff discussed several methods and options to enhance the City's revenue base.

On June 21, 2023, City Council adopted a new two-year Strategic Plan ("Plan") for FY23-25.

Contained within are the Council's vision, goals and numerous objectives which staff will focus on for the next two years. Several objectives within the Plan expresses Council's clear intention to determine the community’s views on the current quality of life in the City of Santa Paula, the community’s desires for improving that qualify of life and the potential means of achieving the community’s goals. Most notably, one of Council's objectives is found in Section B. Economic Development, Objective #1 Revenue Opportunities, whereby staff will actively purse revenue opportunities to increase the City's revenue base.

ANALYSIS:

The first step in furthering Council's objective is to determine the attitudes and beliefs of the community in a reliable and statistically sound survey. The Lew Edwards Group (LEG) will serve as lead consultant on this effort and will, as an initial step, develop appropriate questions and consult with FM3 Research, an opinion research subcontractor, regarding producing a community survey. Both LEG and FM3 are highly experienced firms providing these types of services in Ventura County and throughout California, and FM3 has conducted two previous community surveys for the City of Santa Paula in 2016 and 2018.

Consistent with our past practices, the City is interested in conducting an objective, statistically 91 reliable bilingual survey of Santa Paula residents to understand their needs, priorities, preferences, and satisfaction related to city services and facilities, measure community interest in additional funding for city services and facilities, and gather data on a variety of quality-of-life, issue, and policy-related matters.

Following an assessment of the City’s updated opinion research, LEG will develop initial strategic recommendations as described in its proposal (Exhibit A). LEG will assist the City in developing or adding value to selected copy for appropriate engagement and communications materials to deliver an informational message about the City's vision for service delivery such as guest columns, copy for links on the City website, and presentations for informational speakers’ bureau, stakeholders and key individuals in the community. The City Council, after receiving and reviewing the initial results, will then determine whether to proceed with the subsequent tasks from LEG. As a result, LEG will be on retainer for these efforts (Exhibit B) from September 30, 2023 through November 30, 2024, unless LEG's services are no longer required based on initial results of the survey.

Staff has reviewed the marketplace for reliable firms that can perform this service, and determined that the nature of the service, the reputation of the service provider and the quality of the work vary widely in the available firms. LEG has represented over 300 public entities throughout California, helping those organizations better understand their community sentiments about a variety of quality-of-life issues and policy-related matters. For this reason, staff is strongly recommending a contract with LEG, rather than a lengthy and expensive request for proposals, which would result in various levels of cost but with no assurance of work quality or reliability. The Government Code and the City’s Municipal Code both permit sole source contracts for the performance of specialized professional services and staff believes that this is an instance when a sole source procedure is the preferred method.

Although LEG has not previously performed such services for the City, their reputation in the state is extremely strong and reference calls with Oxnard and Pt Hueneme bore this out.

Moreover, they have also collaborated on similar projects with the City's legal firm, Best Best & Krieger, allowing for a seamless transition.

STRATEGIC PLAN:

This item supports the overall mission, vision, goals, and objectives of Council's two-year Strategic Plan.

FISCAL IMPACTS:

During the FY23/24 and FY24/25 budgeting process, Council set aside $50,000 for this effort. While the contract amount is $165,550.00, staff will return to Council during the first quarter report with a recommendation for the remaining funds required for this professional services agreement.

OPTIONS:

City Council has the following options available:

1. Direct staff to conduct an RFP in search of other firms who can perform this service. This is not recommended as a lengthy and expensive request for proposals could result in various 92 levels of cost but with no assurance of work quality or reliability; or

2. Do not authorize the City Manager to enter into a contract with LEG. This is not recommended as the work conducted by LEG will be beneficial to Council and staff in moving several of Council's strategic objectives forward.

ATTACHMENTS:

Exhibit A - Scope of Services.pdf
Exhibit B - Compensation.pdf
93 EXHIBIT A -

SCOPE OF SERVICES
94 EXHIBIT "A"

SCOPE OF SERVICES
• Update the City on current Best Practices used by other municipalities for similar projects • Facilitate and update coordinated project execution and timeline • Conduct audit of all pertinent City issues /media coverage in the public arena • Review City budget materials and planning
• Facilitate design of opinion research by designated subcontractor FM3 Research of up to two public opinion research studies, dual mode (online and by cell/landline phones) in English/Spanish
• Analyze survey results, provide project recommendations • Draft Public Messaging/Engagement Platform
• Draft text copy for communications collaterals such as FAQs, web content, mailings, utility inserts, digital/online vehicles, and other materials (graphic design, printing, postage, and paid advertising is not included in contract and must be budgeted for separately by City)
• Conduct message training for City staff
• Work with City staff on methods to engage affected constituents, expand community awareness of policy, fiscal/service needs and solicit additional community input on City’s proposal/vision
• Provide recommendations to proposed city budget reports, presentations, or documents and project-related staff reports
• Assist with rapid response needs from media or the community as necessary to correct misinformation or clarify confusing information (LEG does not function as a city spokesperson)
• Advise City of viability and feasibility of any potential ballot proposal and confer with City Attorney on measure components
The parties expressly acknowledge and agree that legal services or advice are not within Consultant’s scope of services. Consultant’s services will be provided exclusively via teleconference or videoconference—no on-site visit or travel will be required by the City. 95 EXHIBIT B -

COMPENSATION
96 EXHIBIT "B"

COMPENSATION
Total Not To Exceed (NTE) Contract Amount is One Hundred and Sixty-five Thousand, Five Hundred and fifty Dollars and No Cents ($165,550.00).

For Professional Consulting Services: Not to Exceed (NTE) Ninety-seven Thousand, Five Hundred Dollars ($97,500.00) due and payable in fifteen (15) payments of Six Thousand, Five Hundred Dollars ($6,500) per payment on the last business day of each month commencing September 30th, 2023 and ending on November 30th, 2024, unless the term of agreement ends sooner.

For Public Opinion Research Services to be conducted by designated subcontractor FM3 Research: NTE Sixty-eight Thousand and fifty Dollars ($68,050.00) upon invoice by consultant for two opinion research studies, as follows:
• Updated Fall 2023 Baseline Survey: for a dual mode (online and by cell/landline phones) of approximately 18 minutes of up to 300 respondents, in English/Spanish • Tracking Survey: for a dual mode (online and by cell/landline phones) of approximately 12 minutes of up to 300 respondents, in English/Spanish 97 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: ON-CALL AGREEMENTS FOR PROFESSIONAL CONSULTING

SERVICES
Date: September 6, 2023
Agenda Item: 10.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute a three-year professional services agreement with each shortlisted, prequalified firm to provide on-call professional consulting services for FY 2023-2026, namely (1) Bureau Veritas; (2) Encompass Consultant Group (ECG), Inc.; (3) LSY Enterprise, Inc; and (4) Willdan Engineering.

BACKGROUND:

On April 18, 2023 the City invited firms to submit Statement of Qualifications (“SOQ”) for consideration to be included on the shortlist of prequalified firms to provide on-call professional consulting services. Firms were invited to submit qualifications for services related to: (1) Civil Engineering, (2) Project Management, (3) Construction Management, (4) Electrical Consulting and Engineering, (5) Subsurface Utility Engineering, (6) Mechanical Engineering (7) Traffic Engineering, (8) Water and Wastewater Consulting and Engineering, (9) Geotechnical, (10) Material Testing, (11) Environmental Consulting and Monitoring, (12) Right of Way, (13) Surveying, (14) Hydrology and Stormwater and (15) Landscape Architecture. Firms were allowed to submit SOQs for multiple service disciplines.

On June 21, 2023 City Council approved a shortlist of prequalified firms. The shortlisted consultants will provide professional consulting services for the City’s Capital Improvement Program and various projects as determined necessary by staff. When services are needed, City staff will select one or more firms from the shortlist and request task order proposals for the required services. Staff will make the determination by selecting the most qualified firm that will provide the best value for the City and the most substantiated ability to complete the work. The shortlist will be in place for a 3-year term, aligning with FY 2023-2026. Because the City is a General Law City, some projects and services will be subject to competitive proposals from consultants on the shortlist. The City, at its own discretion, and in compliance with funding source requirements will either select consultants from the shortlist or publish a 98 project specific request for proposals open to all. Pre-qualification of professional consultants, together with the issuance of professional services agreements provides staff with an efficient means of procuring as-needed services from a list of capable and qualified professionals.

ANALYSIS:

Twenty-five (25) consulting firms were included in the shortlist approved by City Council on June 21, 2023. Staff will be presenting and recommending Council approval and contract award for multiple groups of consultants in the coming months. The current consultants proposed for agreement approval, together with their associated service disciplines, are contained in Table 1 below. The professional services agreement for each consultant, together with related exhibits addressing submitted qualifications and compensation rate sheets, are referenced by Attachment in Table 1.

Table 1: On-Call Professional Consulting Firms and Service Disciplines Attachment Firms Service Disciplines
1 Bureau Veritas Civil Engineering, Mechanical
Engineering, Electrical Engineering
2 Encompass Consultant Group
(ECG), Inc.

Civil Engineering, Survey
3 LSY Enterprise, Inc. Traffic Engineering
4 Willdan Engineering
Civil Engineering, Project and
Construction Management, Traffic
Engineering, Landscape Architecture
In administering these contracts, staff is committed to responsible financial stewardship. Staff will report regularly to Council on the projects covered by the contracts. In addition, staff will ensure that no task order is issued for a Capital Improvement Project (CIP) until the CIP is approved by City Council.

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:

Individual task orders with the City Manager’s approval will be separately issued, reflecting negotiated scopes of work, cost estimates and schedules for projects and services that have been adopted for the respective fiscal year. The amount for each task order shall not exceed the adopted budget for each project or professional service. The cumulative total for all work orders shall not exceed $250,000 annually for each consultant. A sample Task Order is included in Exhibit B of each Attachment and associated professional services agreement.

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

1. Do not approve the three-year professional services agreements to provide on-call professional consulting services. This would result in continuing inefficiencies and delays in completing approved capital improvement projects, as well as addressing as-needed consulting services. Staff would be required to individually procure and review consultant proposals multiple times on multiple projects from firms that would have otherwise been pre-qualified to provide professional consulting services.

ATTACHMENTS:

Attachment 1 Bureau Veritas North America Inc. On-Call Professional Services Agreement 2023.pdf
Attachment 2 Encompass Consulting Group Inc. On-Call Professional Services Agreement 2023.pdf
Attachment 3 LSY Enterprise Inc On-Call Professional Services Agreement 2023.pdf Attachment 4 Willdan Engineering On-Call Professional Services Agreement 2023.pdf 100
Attachment 1

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF SANTA PAULA
AND BUREAU VERITAS NORTH AMERICA, INC.
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Attachment 2

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF SANTA PAULA

AND ENCOMPASS CONSULTING GROUP, INC
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CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

ON-CALL SERVICES

BETWEEN

THE CITY OF SANTA PAULA
AND ENCOMPASS CONSULTING GROUP, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 6
th day of September, 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 Encompass Consulting Group, Inc., a California Corporation, with its principal place of business at 333 N. Lantana Street, Suite 287, Camarillo, CA 93010 ("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 civil engineering and surveying 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 On-Call Engineering and Professional Consulting Services 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 civil engineering and surveying services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City’s Representative or designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, 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, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at 177
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its sole discretion, to renew this Agreement automatically for no more than one (1) additional oneyear term. 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 in Exhibit "C" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation for all Task Orders issued hereunder shall not exceed Two Hundred Fifty Thousand Dollars and no cents ($250,000.00) per fiscal year 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, or 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 178
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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 shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

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: Sal Contreras, P.E..

3.3.5 City's Representative. The City hereby designates Clete Saunier, Public Works Director, 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 Sal Contreras, P.E., 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 179
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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.

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. 180
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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 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. 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 181
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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.

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. 182
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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 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.
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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 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.
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(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.
(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 185
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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 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. 186
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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 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. 187
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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: Encompass Consulting Group, Inc.
333 N. Lantana Street, Suite 287
Camarillo, CA 93010
ATTN: Sal Contreras, P.E.

City: City of Santa Paula
PO Box 569Santa Paula, CA 93061
ATTN: Clete Saunier, Public Works 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. 188
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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, 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 189
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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 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. 190
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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.

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.
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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 indemnification obligations, shall survive any such expiration or termination.

3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders

3.8 Federal Provisions.

The requirements in this section shall apply to the extent FEMA financial assistance will be used to fund all or a portion of this Agreement. The Consultant shall comply with all federal requirements including, but not limited to, the following: 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference, and Federal Contract Provisions attached hereto as Exhibit “A-1” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
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Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A"

SCOPE OF SERVICES
[Attached behind]
194
Statement of Qualifications for

ON-CALL ENGINEERING AND PROFESSIONAL

CONSULTING SERVICES

ENCOMPASS CONSULTANT GROUP
333 N Lantana Street, Suite 287
Camarillo, CA 93010
(805)322-4443
195
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services
Encompass Consultant Group Cover Letter
An Employee-Owned Company
City of Santa Paula May 23, 2023
City Clerk
970 E. Ventura Street
Santa Paula, CA 93030
Subject: Statement of Qualifications for On-Call Engineering and Professional Consulting Services
Dear City Clerk,
Encompass Consultant Group is pleased to submit this proposal to the City of Santa Paula for OnCall Engineering and Professional Consulting Services in the disciplines of Civil Engineering and Surveying and Mapping Services. We have put together a team that has the expertise and commitment to quality that will be essential to the demands of an on-call contract. It is our goal, that with our team’s broad experience working with similar projects, and our working knowledge of the City of Santa Paula’s internal procedures, ECG can provide the high-quality and efficient services necessary for successful projects.

We understand that on-call tasks are often fast-paced projects that require flexibility and focused attention to meet technical, schedule, and budget requirements without compromising quality. Our multidisciplinary team will leverage its collective experience to deliver high-quality engineering services to the City on an as-needed basis to address specialized tasks. Our staff is well prepared and available to offer responsive service tailored to the City’s needs.

Our proposal includes expanded services provided by trusted subconsultants. We have teamed up with LIN Consultants for Signal Modifications, Pacific Coast Land Design for Landscape Design, and Earth Systems for Geotechnical Testing & Coring in support of Civil Engineering Tasks. The team was specifically selected due to our past history of successfully completing projects together.

By including the availability of these services under our Qualifications, we can offer the added benefit of providing a wider range of services to be fully managed by our Contract and Project Manager, Sal Contreras, P.E.

As previous contract holders, we appreciate this opportunity and are eager to continue to work with City staff, as one team from start to finish. As Principal Engineers with Encompass Consultant Group, we assure you that our team and our firm as a whole are committed to each project and we look forward to participating in successful improvements for the City of Santa Paula.

We have read and shall comply with the terms and conditions of this RFP. By the signatures below, we attest that all information submitted in this proposal is true and correct. Should you have any questions, please contact Sal Contreras at (805) 416-8704 or [email protected].

Sincerely,
ENCOMPASS CONSULTANT GROUP, INC.

Sal Contreras, P.E.

Vice President
Glen H. Pace, P.E
President
196
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 1
An Employee-Owned Company

COMPANY PROFILE
Encompass Consultant Group is pleased to present this proposal for professional design services to the City of Santa Paula to provide On-Call Engineering and Professional Services.
(ECG) is a local firm established in 2016. We are an employee-owned company and are committed to providing exceptional services to both public and private clients throughout Los Angeles, Ventura, and Santa Barbara Counties and the surrounding regions.

Our team is comprised of members who have worked together in the area for well over 15 years; some for 25. During these established careers, ECG’s staff have successfully managed and designed numerous municipal and capital improvement projects throughout Los Angeles, Ventura and Santa Barbara Counties. Our team has a long history of providing high-quality, responsive, and efficient services to public agencies such as the City of Santa Paula. Our wideranging experience working on projects for Public Agencies includes the following:
• City of Santa Paula *
• City of Fillmore
• City of Ventura *
• City of Oxnard *
• City of Camarillo *
• City of Moorpark
• City of Port Hueneme
• City of Santa Clarita *
• City of Lancaster *
• City of Palmdale
• City of Santa Barbara
• County of Ventura *
• County of Santa Barbara*
• County of Los Angeles
*Current Multi-Year Contracts

197
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 2
An Employee-Owned Company

QUALIFICATIONS

FIRM QUALIFICATIONS
ECG offers a broad range of civil engineering and land surveying services. With a combination of highly skilled in-house resources and established relationships with specialty firms, we can effectively and efficiently meet the project tasks outlined within the City’s Scope of Work. Our talented 22-member professional staff includes 8 registered civil engineers, 2 licensed professional land surveyors, and 4 California Certified Qualified Stormwater Pollution Prevention Plan Developers (QSD); along with a well-rounded design and survey support team. ECG staff share a common goal of exceptional client service. A commitment to technical expertise, quality, and client service is what we strive for both at an individual and firm level. Our staff are dedicated individuals who take great pride in their work and build relationships at all levels within the community. As a small-sized, local firm we are poised to serve as an extension of City Staff and are available to attend to this project’s needs with personalized and attentive service.

Our Contract Manager, Sal Contreras, P.E. has over 25 years of experience with public works oncall contracts. He has a thorough understanding of State, Federal, and City standards, codes, and procedures. In addition to Sal’s experience, our team has successfully completed hundreds of similar on-call tasks for agencies in Ventura, Santa Barbara and Los Angeles Counties. ECG is ready to provide the City with the outstanding service and attention required to make your on-call projects a success.

EXPERIENCE WITH THE CITY OF SANTA PAULA
Key staff selected for this contract includes the same team members who have successfully completed design work on numerous similar projects for public agencies in Ventura County and for the City of Santa Paula in particular. ECG has been contracted for several projects for the City of Santa Paula, many of these projects were issued under our current Engineering On-Call Contract.

Recent work for the City includes the following:
• Main Street RFB
• SR 150 RFB (Multiple Locations, Engineering and Survey) • Harvard Blvd. Survey
• Mesa Tank Survey and Easement
As with previously awarded projects, we maintain our commitment to designing functional and attractive public improvements for the City of Santa Paula. By focusing on effective communication and maintaining availability, it is our goal to function as an extension of City staff to creatively and efficiently meet the design, schedule and budget demands of this project. 198
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 3
An Employee-Owned Company

PROPOSED SERVICES

CIVIL ENGINEERING
ECG understands that the City of Santa Paula desires to contract with qualified local firms to provide as-needed Civil Engineering services. These services may include small tasks in support of the City project design team or handling the entire scope of a project. We understand that the scope of work on each task may vary significantly and that an on-call contract allows City staff to access the technical skills and expertise of various individuals at ECG or the entire ECG company as a whole. ECG’s experience, size and local office make it an excellent candidate to provide the desired engineering and surveying support services to the City of Santa Paula. It has been our experience with similar on-call services that a key factor to the success of these agreements is the consultant’s ability to respond timely to City requests as well as provide the level of expertise needed for each task.

Our efforts in Public Works and with area Public Agencies are an important focus for ECG. Our staff are highly familiar with the requirements and processes involved in Public Works projects and understand their importance in keeping projects moving forward efficiently. We maintain current knowledge of local practices as well as the standard details and specifications such as Greenbook, Caltrans, Federal, APWA, AWWA, and the California Building Code. Our ability to provide quality Civil Engineering and Survey services under one roof has qualified us to be awarded several On-Call Contracts and individual projects for numerous Public Agencies.
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City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 4
An Employee-Owned Company
ECG currently manages multiple on-call contracts for public agencies within Ventura County including the City of Ventura, City of Oxnard, City of Camarillo and the County of Ventura. Under these contracts, ECG has amassed a wealth of knowledge concerning typical project requirements and challenges involved, as well as creative solutions to keep projects on track.

ECG staff members have a long history of providing planning, design, permitting and construction administration for a variety of vital public improvements. This experience includes, but is not limited to, roadways, pavement evaluation and design, intersections, sidewalks, gap closures, bike paths, bike lanes, park facilities, wet utilities, drainage modifications, and ADA accessibility evaluation and design performed for multiple public agencies throughout Ventura and LA Counties. We work together seamlessly with public agencies and other consultants to effectively complete On-Call tasks as they are assigned.

SUBCONSULTANTS
We have included the following subconsultants to expand our services to fully meet the needs of potential City projects. This selection of subconsultants are trusted collaborators and have been specifically selected due to our past history of successfully completing projects together. By including the availability of these services under our Qualifications, we can offer the added benefit of providing a wider range of services to be fully managed by our Contract and Project Manager, Sal Contreras, P.E. These resources include:
• LIN Consultants - Signal Modifications
• Pacific Coast Land Design - Landscape Design
• Earth Systems - Geotechnical Testing & Coring in support of Civil Engineering Tasks •
Qualifications and contact information for subconsultants can be found in the Proposed Staffing and Organization section
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City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 5
An Employee-Owned Company

SURVEY AND MAPPING SERVICES
By maintaining a focus on accuracy, time and
budget, the ECG Survey Team strives to
provide high quality, efficient services for each
project they are assigned. Our surveyors
continually aim to maximize skill and available
technology to achieve quality results.

Technology provides us with the ability to
gather millions of data points in 3-D “point
clouds” via scanning, and nearly immediate
site orthophotos from Unmanned Aerial
Vehicles (drones), but it’s the proper application of these tools that make a successful product. The proper use of available technology allows ECG to keep the staff and public safe during work and we welcome conversations on how we can apply these tools to assist the City in any of its needs.

With two (2) licensed Professional Land Surveyors, in-house FAA Certified Drone Pilots and a dedicated field survey team with multiple crews, ECG is experienced with and is prepared to work on a variety of tasks including, but not limited to the following:
• Subdivision Review
• Topographic Mapping
• Subdivision Mapping
• Lot Line Adjustments, Lot Mergers,
Parcel Map Waivers
• Easements
• Certificates of Compliance
• Legal Descriptions
• Boundary Analysis
• Aerial Survey Control
• Elevation Certificates
• Structural & Deformation Monitoring
• Construction Staking
• ALTA Surveys
• Geospatial Positioning (monitoring
wells, GIS assists, geodetic control)
Utilizing our array of resources, The ECG Survey Team has created a highly efficient data processing system. We have found that the incorporation members with the ability to both gather and process data allows for information to be seamlessly transferred and processed with greater accuracy and efficiency. Subdivision reviews, control and boundary analysis will be performed by a licensed land surveyor, and topographic data processed by appropriate office staff. Our “field to finish” approach to data collection allows for a streamlined production rate, further enhanced by utilizing staff in the office that performed work in the field. We’ve found that field/office capable staff generates better products at better rates. With LIDAR scanning capability and aerial drone imaging, the ECG survey team can provide precise data while maintaining a focus on crew safety. 201
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 6
An Employee-Owned Company

SERVICES AND EXPERTISE
202
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 7
An Employee-Owned Company

PROPOSED STAFFING AND ORGANIZATION
ECG has gathered a team with the best skills to
successfully achieve the goals of this project. With
talented engineers and licensed surveyors whose
experience is highly focused on public works and public agencies, ECG is well prepared to successfully fulfill the tasks required for this project.

As project manager, Mr. Sal Contreras P.E. brings 25
years of professional experience in public works projects and substantial experience managing multi-year and oncall contracts with public agencies. He has extensive knowledge of local City, County and State engineering
and environmental regulations including Local Assistance Procedures Manual (LAPM). Mr. Contreras is passionate
about public works and community enrichment and has a
genuine interest in participating in successful
improvements for the City.

Our design team consists of civil engineers with a broad skill set to best serve the City in a variety of projects.

Tristan Santos, P.E., QSD is our in-house stormwater
specialist with expertise in drainage and hydrology,
including MS4 and BMPs. Additional project civil and
design and hydrology functions will be carried out by
Josiah Jenison, P.E., QSD, LEED. With a focus in Civil
Structures, Travis Maag, P.E. brings expertise in structural elements related to roadway design, including concrete
pavement design, pavement evaluations, ADA
evaluations, retaining walls, box culvert design, bridge abutments and structural observation reports. Overall civil design tasks, including hydrology, will be supported by Daniel Lopez, P.E. and Jose Ascencio, P.E., a qualified traffic designer.

Mr. James Fallon, P.L.S is our principal surveyor. With over 20 years of experience with GIS, Base Topographic
Mapping, Geodetic Control Surveys, and all surveying
needs. Along with project manager Ben Hardin, P.L.S., he and his multi-crew team are equipped to provide efficient and accurate data on which to build each project. With
LIDAR scanning capability and aerial drone imaging, ECG can provide precise data while maintaining a focus on
crew safety.

ECG offers a
full-service engineering
and survey team with a focus
on Public Works contracts and
projects, who are ready to provide
responsive and dependable
service to the City of
Santa Paula
Team Availability
Matrix
% Committed to Other Projects% Available for Proposed Project Sal Contreras, P.E. 60% 40%
Glen Pace, P.E. 75% 25%
Josiah, Jenison, P.E., QSD 60% 40%
Tristan Santos, P.E., QSD/P 60% 40%
Travis Maag, P.E. 40% 60%
Jose Ascencio, P.E. QSD 50% 50%
Daniel Lopez, P.E. 50% 50%
James Fallon, P.L.S 60% 40%
Ben Hardin, P.L.S. 50% 50%
LIN Consulting 60% 40%
Pacific Coast Land Design 60% 40%
Earth Systems 50% 50%
203
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 8
An Employee-Owned Company

ORGANIZATION
204
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Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 9
An Employee-Owned Company

KEY STAFF RESUMES
SAL CONTRERAS, P.E.- PRINCIPAL ENGINEER, QA/QC
As project manager, Sal Contreras
brings over 25 years of professional
experience with a focus on public
works projects and substantial
experience managing multi-year
and on-call contracts with public
agencies. He has extensive
knowledge of local City, County, State and Federal engineering and environmental regulations including Local Assistance Procedures Manual (LAPM). As the current manager of multiple on-call contracts, he is highly knowledgeable of the requirements and procedures related to public agencies. He understands the importance of communication, time and budget throughout these projects.

With his broad knowledge and expertise in civil engineering, he provides quality control and design consultation to internal staff for projects of all types. Mr. Contreras is well versed in the management and preparation of feasibility studies, due diligence, master plans, construction plans, specifications, and estimates, and providing construction administration services.

Mr. Contreras oversees both technical and professional personnel, interfacing with key public works agencies including state and local agencies. He has developed and maintains a working knowledge of local City, County and State engineering and environmental regulations and has extensive experience with grading, street, sewer and storm drainage design, along with right of way mapping and utility plans.

EXPERIENCE - PUBLIC AGENCIES
Santa Clarita Valley Water Agency On-Call Engineering and Survey Services │Santa Clarita, CA City of Oxnard On-Call Civil Engineering and Survey Plan Check Services │Oxnard, CA City of Ventura On-Call Engineering and Survey Services │Ventura CA County of Ventura On-Call Engineering and Survey Services│Ventura, CA City of Santa Clarita On-Call Civil Engineering Services │Santa Clarita, CA City of Lancaster On-Call Engineering and Survey Services │Lancaster, CA City of Camarillo On-Call Civil Engineering Services │ Camarillo, CA City of Thousand Oaks On-Call Civil Engineering Services │Thousand Oaks, CA Santa Clarita Valley Water Agency On-Call Engineering Services │ Santa Clarita, CA

LICENSING
Professional Engineer No.
66720, California
EDUCATION B.S. Civil Engineering
California Polytechnic State
University, San Luis Obispo,
1997
PROFESSIONAL AFFILIATIONS Member, American Society of
Civil Engineers
Member, American Public
Works Association
CONTINUING EDUCATION PSMJ Principal Engineers &
Project Managers Bootcamp
APWA Construction
Inspection Seminar
APWA Greenbook Seminar
Caltrans Local Assistance
Training
Over 25 years
of Public Works and
municipal contract
management experience
205
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Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 10
An Employee-Owned Company
TRISTAN J. SANTOS, P.E., QSD -HYDROLOGY ENGINEER

LICENSING
Professional Civil Engineer No.
71473, California

EDUCATION
B.S. Civil Engineering,
University of California, Irvine,
2003

CERTIFICATIONS
CASQA Qualified SWPPP
Developer/ Practitioner
(QSD/P) #01184

PROFESSIONAL AFFILIATIONS
Member, American Society of
Civil Engineers

CONTINUING EDUCATION
PSMJ Project Management
Bootcamp, 2012
AWARDS
2011 American Society of Civil
Engineers, Santa BarbaraVentura Branch Project of The
Year | Norwegian Grade
Rehabilitation and Roadside
Safety Enhancements

BACKGROUND

As Senior Engineer with
Encompass Consultant
Group, Mr. Santos is
responsible for the design
of civil engineering
improvements for public
and private projects
throughout Ventura, Los
Angeles, and Santa
Barbara Counties. His
experience involves new
construction and upgrades for projects ranging from educational facilities, recreational parks, residential and industrial developments, and roadway improvements. These projects
required flood analyses, drainage and hydraulic calculations and reports, site grading, as well as the design of utility improvements including storm drains, waterlines, and sanitary sewer lines.

He is also tasked with ensuring projects comply with the Regional Water Quality Control Board’s Municipal Separate Storm Sewer System Permit. With his extensive experience in the field, projects are designed to implement the most feasible Best Management Practices (BMPs) required and that new development and
redevelopment projects reduce urban runoff pollution to the "maximum extent practicable” (MEP). Roadway projects have specific requirements separate from other development
categories. Measures include integrating USEPA guidance for “Managing Wet Weather with Green Infrastructure: Green Streets” to the MEP (i.e., minimize street width, use porous pavement or pavers, and add tree canopy by planting or preserving
trees/shrubs), provide Retention or Biofiltration BMPs sized to capture and treat the Stormwater Quality Design Volume or Flow.

RELEVANT PROJECT EXPERIENCE
Camarillo Airport Airfield Drainage Study for Runway 8-26 and Taxiway Connectors│Ventura County Department of Airports
Multiple LID Reports for In-Fill Projects │ County of Los Angeles, CA Oxnard Green Alleys Masterplan Project│City of Oxnard, CA Oak Park Green Streets Urban Retrofit│County of Ventura, CA Ventura County Fire Headquarters and Training Facility Improvements│County of Ventura, CA South Mountain Access Road│Santa Paula, CA
Todd Road Jail Improvements Project-Design Build│County of Ventura, CA Channel Islands Landing Marina and Boatyard Improvements│Port Hueneme, CA Creekside Road Improvements│City of Santa Clarita, CA
Design Engineer on over 80
Projects within the tri-county
area, focused on drainage and
water quality components.

Over 19 years of experience
working with Ventura County
Technical Guidance Manual and
MS4 Permit.
206
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 11
An Employee-Owned Company
TRAVIS MAAG, P.E.- CIVIL AND STRUCTURAL DESIGN
Travis Maag has a degree from
Cal Poly, San Luis Obispo and is
a Senior Engineer with over 10
years of experience in general
civil engineering design and civil
structures engineering. His dual
expertise is of exceptional value
to the firm and an asset to each project he is involved in.

Travis has applied knowledge of public and private roadway design, grading and drainage, storm drain design, sewer design, and land development in addition to an extensive range of structural design expertise.

Travis is well versed in the analysis, design, calculations, and details for various public and private improvement projects including roadway pavement design, site grading, various retaining wall systems, concrete slabs, drainage structures, bridge abutments, and other structures.

RELEVANT PROJECT EXPERIENCE
Avenue Scott Trailhead Connection │Santa Clarita, CA
Ave. Paine Retaining Wall Design │Santa Clarita, CA
Portola Road Improvements │Ventura, CA
Telegraph Road Improvements, Ventura, CA
Johnson Drive Improvements, │Ventura, CA
Telephone Road Improvements │Ventura, CA
Victoria Avenue Street and Accessibility Improvements │Ventura, CA Carpinteria Pedestrian Crossing Improvements │Carpinteria, CA Daily Drive Sidewalk and Street Improvements │ Camarillo, CA Arroyo Verde Park │Ventura CA
Ventura County Fire Headquarters and Training Facility │Camarillo, CA Port of Hueneme Pavement Rehabilitation │Port Hueneme, CA Port of Hueneme Bldg. 1A Demolition and Structural Paving Design │Port Hueneme, CA

LICENSING
Professional Engineer No.
83406, California

EDUCATION
B.S. Civil Engineering
California Polytechnic State
University, San Luis Obispo,
2010

CONTINUING EDUCATION
PSMJ Project Management
Bootcamp, 2018

PROFESSIONAL AFFILIATIONS
Member, American Society of
Civil Engineers
10 years+ of engineering
design experience.

Specialized in
Civil Structures
207
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 12
An Employee-Owned Company
JOSIAH JENISON, P.E., QSD, LEED – PROJECT MANAGEMENT, CIVIL DESIGN Josiah Jenison is a Senior
Engineer with more than 15
years of civil engineering
design experience
encompassing residential,
commercial, industrial,
educational, and public
infrastructure. As a successful engineer and project manager, he has utilized his extensive design knowledge to direct junior staff as well as maintain quality control, budgets and schedules.

Mr. Jenison is well versed in the design of many different types of development and infrastructure including grading and drainage, street improvements, storm drain, sewer, domestic water, fire water, and recycled water. He has extensive experience in the preparation of construction plans, estimates, specifications, hydrologic and hydraulic studies, water and sewer studies, and stormwater pollution prevention plans (SWPPP).

Additionally, Mr. Jenison is well versed in the area of stormwater quality design and has designed many drainage systems that comply with LID/WQMP requirements in multiple jurisdictions.

Mr. Jenison’s engineering experience spans much of Southern California including projects in Los Angeles, Ventura, Santa Barbara, Kern, San Bernardino, and Riverside Counties. He has developed and maintains a working knowledge of local City, County, and State engineering and environmental regulations.

RELEVANT PROJECT EXPERIENCE
2020-21 CIP, Phase II │ Santa Clarita, CA
2020-21. CIP Phase III │ Santa Clarita, CA
Sierra Highway Sidewalks │ Santa Clarita, CA
Centre Pointe Parkway Sidewalks │ Santa Clarita, CA
Golden Valley Road Curb and Gutter Project │Santa Clarita, CA Soledad Canyon Road Median Modification │Santa Clarita, CA Creekside Road Raised Crosswalks │ Santa Clarita, CA
Avenue Paine Industrial Development│ Valencia – Unincorporated LA County, CA Port of Hueneme Parking Lot Redesign│ Port Hueneme, CA
St Johns Seminary Residential Project│ Camarillo, CA
LICENSING Professional Engineer No.
77454, California
EDUCATION B.S. Civil Engineering CA
Polytechnic State University,
San Luis Obispo, 2007
CERTIFICATIONS LEED Accredited Professional,
U.S. Green Building Council
California Certified Qualified
Stormwater Pollution
Prevention Plan Developer
(QSD) #C7754
CONTINUING EDUCATION PSMJ Project Management
Bootcamp, 2018
PROFESSIONAL AFFILIATIONS Member, American Society of
Civil Engineers
Member, American Public
Works Association
Project Manager
with over
15 years of experience
with Public Works
Projects
208
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 13
An Employee-Owned Company
JOSE ASCENCIO, P.E., QSD - CIVIL DESIGN, TRAFFIC DESIGN Jose Ascencio joined
Encompass Consultant Group
in 2019. After earning his civil
engineering degree from Cal
Poly San Luis Obispo, he
worked for an international
engineering firm before joining
our team. He has worked on a variety of projects, including numerous public works projects. He has completed projects in Ventura and Los Angeles Counties, though he has mainly focused his efforts on the City of Lancaster, California.

His range of work has consisted of grading design, hydrology calculations, cost estimates, bulbouts, and retrofits for ADA compliance. He is a qualified traffic designer and has extended experience in signing and striping for road widening projects. Jose has also been involved in projects that have required coordination between the City of Lancaster and Caltrans including the writing of Caltrans Stormwater Data Report (SWDR). Beyond his focus on public works projects, Jose has been involved in plan production for private residential projects and grading and drainage design for public schools.

RELEVANT PROJECT EXPERIENCE
City of Santa Clarita 2020-21 CIP Phase II │ Santa Clarita, CA City of Santa Clarita 2020-21 CIP Phase III │ Santa Clarita, CA 10th Street W and Ave J Pedestrian and Bicycle Safety Improvements │ Lancaster, CA 10th Street West Gap Closure│ Lancaster, CA
35 Street West Street Improvements│ Lancaster, CA
Avenue G and SR-14 Interchange│ Lancaster, CA
20th Street West Street Improvements│ Lancaster, CA
Avenue I and 10th Street West Intersection Improvements│ Lancaster, CA City of Oxnard Bicycle Facilities Northeast Community Specific Plan, │ Oxnard, CA

LICENSING Professional Engineer No.
87470, California
EDUCATION BS, Civil Engineering,
California Polytechnic State
University, San Luis Obispo,
California, 2014
CERTIFICATIONS California Certified Qualified
Stormwater Pollution
Prevention Plan Developer and
Practitioner (QSD/P)
PROFESSIONAL AFFILIATIONS Member, American Society of
Qualified
Traffic Designer With extensive experience
in Street Improvements
and ADA
209
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 14
An Employee-Owned Company
DANIEL LOPEZ, P.E., QSD- CIVIL DESIGN, HYDROLOGY
Daniel Lopez joined Encompass
Consultant Group in 2018 primed
with over 3 years of professional
civil engineering experience with
a large, international firm. He has
worked with many public
agencies and is up to date on the
standards and procedures related to public works projects. Mr.

Lopez’s civil design experience is all encompassing in areas of Civil Engineering Design and Hydrology services including site grading and drainage, flood control drainage systems and utilities, drainage analysis and reports, and SWPPP. Additional areas of proficiency include the design of roadways, pavement, site ADA accessibility, and performing site final grading inspection. His efficient and functional designs are an asset for keeping projects on time and within budget. Daniel has great communication skills, both orally and in writing, and he is fluent in Spanish.

RELEVANT PROJECT EXPERIENCE
Ventura County Fire Headquarters and Training Facility Camarillo, CA Wastewater Treatment Plant Storage Building City of Ventura, CA Campus Park ASRWell #1 Building ProjectCity of Oxnard, CA Westridge Recycled Water Storage Tank Santa Clarita Valley Water Agency, CA Preparation of Standard Specifications and Standard Drawings, Santa Clarita Valley Water AgencySanta Clarita, CA
Santa Carlita Valley Water Agency Conservation Gardens Santa Clarita, CA Bridgeport Pocket Park Project Santa Clarita, CA
SCVWA-Catwalk Project for 3 Tank Sites Santa Clarita, CA

LICENSING
Professional Engineer No.
87930, California

EDUCATION
BS, Civil Engineering,
California Polytechnic State
University, San Luis Obispo,
California, 2014

PROFESSIONAL AFFILIATIONS
Member, American Society of
Civil Engineers

LANGUAGES
Fluent in Spanish (Written and
Spoken)
Civil Designer
with a focus on
Hydrology
and Drainage
Analysis
210
City of Santa Paula
Statement of Qualification to Provide
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Encompass Consultant Group PAGE 15
An Employee-Owned Company
JAMES FALLON, P.L.S. – PRINCIPAL SURVEYOR
James Fallon, P.L.S is our principal
surveyor. With over 20 years of
experience with GIS, Base
Topographic Mapping, and
Geodetic Control Surveys, he and
his team are equipped to provide
efficient and accurate data on which
to build this project.

Mr. Fallon’s experience encompasses a wide variety of land surveying and geomatics projects. He has been responsible for the direct management and production of survey tasks in support of public works and private land development projects, both in the field and in the office. Work performed includes topographic mapping, monument preservation, public agency map and document review, geodetic control networks, boundary surveys, easement and legal description preparation, subdivision mapping, lot line adjustments, ALTA land title surveys, condominium plans, right of way acquisition surveys, construction staking, and data acquisition for Geographic Information Systems (GIS). His work includes numerous public infrastructure projects, encompassing many miles of corridor surveys for design improvements in Ventura, Los Angeles and Santa Barbara Counties.

James has extensive experience with static GPS, real-time kinematic GPS and GPS control networks utilizing Continuously Operating Reference Stations (CORS) through both the National Geodetic Survey (NGS) and California Spatial Reference Center (CSRC). Mr. Fallon is thoroughly familiar with AutoCAD Civil 3D, the Microsoft Office Suite, Trimble GPS processing software, ESRI ArcGIS and major surveying data collection and network adjustment software packages.

EXPERIENCE -PUBLIC AGENCIES
City of Santa Barbara On-Call Surveying Services - Contract Manager, Principal Surveyor County of Santa Barbara Surveying Services - Contract Manager, Principal Surveyor City of Camarillo On-Call Services - Principal Surveyor County of Los Angeles On-Call Surveying Services - Contract Manager, Principal Surveyor City of Ventura On-Call Surveying Services - Principal Surveyor City of Thousand Oaks On-Call Surveying Services - Principal Surveyor City of Lancaster On-Call Survey Services - Contract Manager, Principal Surveyor City of Oxnard Subdivision Map Review - Contract Manager, Principal Surveyor City of Oxnard Survey and Plan Check Services - Contract Manager, Principal Surveyor Santa Clarita Valley Water Agency On-Call Services - Principal Surveyor Camarillo & Oxnard Airports, Ventura County, CA - Principal Surveyor Casitas Municipal Water District, Ojai, CA - Principal Surveyor California American Water, Southern California - Principal Surveyor United Water Conservation District, Ventura County, CA - Principal Surveyor LICENSING Professional Land Surveyor
No. 7807, California
EDUCATION B.S. Surveying Engineering,
California State University
Fresno, 1999
PROFESSIONAL AFFILIATIONS Past Officer, California Land Surveyors Association, State
& Channel Islands Chapter
Past President, ACEC,
Channel Coast Chapter
Past Committee Member,
Channel Islands CLSA
Chapter – Joint Professional
Practices Committee
Member, International Right
of Way Association (IRWA)
Over 20 years
of experience with Base
Topographic Mapping,
Geodetic Control Surveys
and Geographic Information
Systems
211
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 16
An Employee-Owned Company
BEN HARDIN, P.L.S.– SURVEY PROJECT MANAGER
Ben Hardin joined
Encompass Consultant Group
in 2018 with over 15 years of
experience in land surveying.

He completed his Bachelor of
Science degree in Geomatics
Engineering at California
State University Fresno in
2003. Ben has managed and
performed all types of
surveys, including boundary
and, topographic surveys, ALTA land title surveys, legal description preparation, annexations, control network surveys, preparation and finalization of final and parcel maps, record of survey maps, and precise monitoring surveys. He has also managed construction staking teams running 2 to 3 full-time field crews that operated at multiple job sites across Los Angeles, Ventura, and Santa Barbara Counties. Additionally, Ben has extensive experience in high production GPS surveys such as Real Time Kinematic and Virtual Reference Network surveys, Unmanned Aircraft System (UAS) surveys, and 3D terrestrial laser scanning and is an FAA Certified Drone Operator. He is currently a senior staff member in the Camarillo office.

EXPERIENCE -PUBLIC WORKS
Oxnard Alleys Reconstruction Project, Oxnard, CA
Oxnard Green Alleys, Oxnard, CA
Oxnard High Transportation Facility, Oxnard, CA
City of Ventura 2020 Street Improvements, Ventura, CA
Ventura County Fire Training Center and New Headquarters, Camarillo, CA Arroyo Verde Park Improvements, Ventura, CA
People’s Self Help Housing Cypress Road, Oxnard, CA
Thousand Oaks Water Line Reducing Stations, Thousand Oaks, CA Carpinteria Pavement Rehabilitation Project, Carpinteria, CA Pedestrian Crossing Safety Improvements, Carpinteria, CA Ojai Fire Station #20, Ojai, CA
Modoc Road Bike Path Improvements, Santa Barbara, CA
Santa Clarita Valley Water District Westridge Tank Upgrades, Santa Clarita, CA

LICENSING
Professional Land Surveyor
No. 8552, California

FAA UAS Certified Remote
Pilot, Certificate No.
4183657

EDUCATION
B.S., Geomatics
Engineering, California
State University, Fresno,
California, 2003

PROFESSIONAL AFFILIATIONS
Corporate Member,
American Society for
Photogrammetry and
Remote Sensing (ASPRS)
Corporate Member,
California Land Surveyors
Association (CLSA)
More than15 years
of survey experience in
Ventura County
Skilled in high production GPS
surveys including Real Time
Kinematic and Virtual
Reference Network
surveys
212
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 17
An Employee-Owned Company

SUBCONSULTANTS

KEY STAFF QUALIFICATIONS
LIN Consulting, Inc.

Tracy Moriya
Senior Project Manager
21660 Copley Dr., Ste. 270
Diamond Bar, CA 91765
(909)396-6850 ext. 120
[email protected]
LIN Consulting, Inc. (LCI) a California corporation founded in 1997 specializes in traffic, civil, and electrical engineering. LCI is a certified small business enterprise (SBE), underutilized disadvantaged business enterprise (UDBE), minority business enterprise (MBE), community business enterprise (CBE), and micro-business enterprise (SB-Micro), as listed by the State of California and various other agencies in the State. LIN Consulting was founded on the principle of providing high-quality professional services; on time and within budget. Having participated in numerous projects of various types and scales, our accomplished team has amassed a considerable amount of traffic, civil, and electrical engineering experience working with counties, cities, and the State, as well as with private owners and developers. Selected by Los Angeles Business Journal as Top 100 Minority-Owned Business in LA County since 2012, LIN Consulting will undoubtedly continue to provide top-notch engineering services to its clients for years to come.

For over 21 years, LCI has been providing first-class traffic engineering services to various private and public agencies throughout Southern California. LCI staff is knowledgeable of local processes and regulations needed to perform the required services. LCI’S engineering services include, but are not limited to, traffic and parking studies, worksite traffic control plans, signal timing and coordination plans, conceptual design, and grant writing.

Earth Systems
Southern California
Patrick Boales, President
Senior Engineering Geologist
1731-A Walter Street
Ventura, CA 93003
(805) 642-6727
[email protected]
Since 1969, Earth Systems has been offering services that include preliminary geotechnical investigations, consultation during plan preparation, observation and testing during grading, and special inspection for compliance with project specifications.

Earth Systems testing and inspection staff is certified by DSA, Caltrans, ICC, NICET, AWS, and ACI, as appropriate, for soils, reinforced concrete, prestressed concrete, asphalt, structural masonry, fireproofing, high strength bolting, structural steel, and welding.

Earth Systems maintains certified soil engineering laboratories in our Ventura and Palmdale locations. These laboratories are among the most comprehensive and certified testing labs within the region. They have the capacity to perform dozens of tests upon soils, concrete, asphalt, masonry, and other building materials. All laboratory equipment is calibrated annually or in accordance with the equipment manufacturer recommendations. Tests are conducted by trained technicians in accordance with Caltrans, ASTM, AASHTO, and other appropriate laboratory standards. We follow the protocols of an in-house Quality Assurance Program that meets the requirements of oversight agencies such as DSA, Caltrans, AASHTO, AMRL, and CCRL.
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An Employee-Owned Company

KEY STAFF QUALIFICATIONS

Pacific Coast Land Design, Inc.

Principal Mike Zielsdorf, R.L.A.

CA LIC. 6044
461 E. Main Street
Ventura, CA 93001
(805) 644-9697
[email protected]
Pacific Coast Land Design, Inc. (PCLD) was founded in 1983 and incorporated in 2011. The nine person firm consists of one principal, four landscape architects (three of which are LEED accredited professionals), additional design staff and an office manager.

PCLD has broad community planning/design and CIP experience over a span of more than 35 years. PCLD’s strength in leading the development of complex, unique public projects is our most important attribute. PCLD has an unparalleled understanding of Southern California plant palettes and water reduction practices adapted for the individual climates within Southern California.

PCLD maintains an equal balance between public and private sector projects. This balance is key, allowing the firm to develop solutions that enrich the outdoor built environment for all users. Through the development of beautiful, resilient, energy conserving landscapes, the firm strives to connect people with both the natural and built outdoor environment. The firm is well versed in landscape renovation for existing sites, which makes up a large part of the current office workload. PCLD has extensive experience in the Southern California region and a proven record of transportation and public focused project work including, pedestrian/bicycle infrastructure, streetscapes supporting Transit Oriented Development, and numerous Capital Improvement Projects.

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An Employee-Owned Company

RELEVANT EXPERIENCE

LA COLONIA GREEN ALLEYS PROJECT- 2021
City of Oxnard

PROJECT TEAM
Project Manager: Tristan Santos, P.E., QSD
Design Engineers: Jose Ascencio, P.E, QSD
Survey & Mapping: James Fallon, P.L.S.

QA/QC: Sal Contreras, P.E.

This environmentally focused project included the
development of stormwater, traffic calming treatments
and environmental impact options for La Colonia
neighborhoods. Stormwater options for primary and
secondary treatment techniques included, permeable
pavement, bio-retention, rain barrels and proprietary
treatment. Environmental impact options such as high
albedo pavement, recycled material construction and
tree planting were also investigated. Traffic calming
and safety options included lane width reduction,
raised pedestrian crossings, speed reduction
measures, lighting, and travel mode separation.

Topographic basemaps were prepared by the ECG
survey team.

CLIENT
Pacific Coast Land Design

CONTACT
Mike Zielsdorf, R.L.A.
461 E. Main Street
Ventura, CA 93001
(805) 644-9697
[email protected]
Bioretention Filter
During Rain Event
Post Rain with
Debris Capture
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An Employee-Owned Company

ARROYO VERDE PARK - 2020
City of Ventura

PROJECT TEAM
Project Manager: Travis Maag, P.E.

Design Engineer: Travis Maag, P.E.

Survey & Mapping: James Fallon, P.L.S.

QA/QC: Sal Contreras, P.E.

This project was contracted as part of an on-call
agreement in conjunction with Pacific Coast Land Design (PCLD) landscape architects, The ECG survey team
provided topographical survey for this project including existing ground elevations and location existing surface features such as tree locations, utility valve covers, meter boxes, grade breaks, curb, gutters and walkways. Our
team presented Civil recommendations including existing utility relocations, grading and drainage improvements, and ADA accessibility. ECG participated in meetings with the City and provided additional recommendations per
city comments. This project was recently awarded an
APWA Project of the Year for 2023.

CLIENT
City of Ventura

CONTACT
Nancy O’Connor
501 Poli St. Rm 120
Ventura, CA 93002
(805) 658-4726
noconnor@[email protected]
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An Employee-Owned Company

CITY-WIDE CIRCULATION IMPROVEMENT PROJECT, PHASE II AND III - 2021 City of Santa Clarita

PROJECT TEAM
Project Manager: Josiah Jenison, P.E.

Design Engineer: Jose Ascencio, P.E.

Survey & Mapping: James Fallon, P.L.S.

QA/QC: Sal Contreras, P.E.

ECG was contracted to provide Civil Engineering design
and Land Surveying services for two separate phases of
the 2020-2021 Circulation Improvement Program.

Phase II consisting of three Locations on Wiley Canyon
Road, Newhall Ranch Road and Bouquet Canyon Road
included the modification of medians at three (3)
signalized intersections. Improvements include turn lane additions, striping and signage improvements, street
median modifications and signal modifications.

Phase III has entailed circulation improvements in five locations that will be realized in multiple future
construction phases. Improvements include multiple
turn lane additions, striping and signage improvements, street median modifications, street widening with bicycle buffers, a bus stop relocation and signal modifications.

This project included the coordination of subconsultants fully managed by ECG’s project managers.

CLIENT
City of Santa Clarita

CONTACT
Leslie Frazier, Associate Engineer
23920 Valencia Blvd.

Santa Clarita, CA 91355
(661) 286-4172
[email protected]
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An Employee-Owned Company

GOLDEN VALLEY ROAD CURB AND GUTTER PROJECT - 2022
City of Santa Clarita

PROJECT TEAM
Project Manager: Josiah Jenison, P.E, QSD
Design Engineer Jose Ascencio, P.E, QSD
Survey & Mapping: James Fallon, P.L.S.

QA/QC: Sal Contreras, P.E

This roadway improvement project for the City of
Santa Clarita includes construction of a new curb and
gutter on the east side of Golden Valley Road from
Centre Pointe Parkway to roughly 1000’ northwest of
Robert C. Lee Parkway and on the west side of
Golden Valley Road from to Sierra Highway with a
project length spanning approximately 2 miles. The
intent was this project is to improve roadway
drainage and improve pedestrian connectivity along
Golden Valley Road. Required tasks for this project
included detailed topographic survey, grading and
drainage, plan and profile, curb and gutter plans and
storm drain improvements.
.

CLIENT
City of Santa Clarita

CONTACT
Ramiro Fuentes
23920 Valencia Blvd, Suite 140
Santa Clarita, CA 91355
(661) 857-7211
[email protected]
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An Employee-Owned Company

35TH STREET WEST IMPROVEMENTS - 2022
City of Lancaster

PROJECT TEAM
Project Manager: Sal Contreras, P.E.

Design Engineer: Jose Ascencio, P.E.

Survey & Mapping: James Fallon, P.L.S.

QA/QC: Glen Pace, P.E
ECG is contracted to provide Civil Engineering and Land Surveying services for this multi-phase street
improvement project on 35th St West. 35th St West
serves as a gateway to the Prime Desert Woodland
Preserve and the City of Lancaster wants to enhance the aesthetic of the corridor while providing additional street side parking and maintaining the current road diet. The project consists of 1,900 LF of street improvements in
Phase 1 and 700 LF in Phase 2. The planned street
improvements include pavement rehabilitation, striping
and signage, a bike lane, a widened pedestrian corridor with a landscaped parkway, sidewalks, AC paving and
accessible pedestrian curb ramp improvements.

Community outreach was performed with resolution of
right of way conflicts.

CLIENT
City of Lancaster

CONTACT
Sheila Niebla
44933 Fern Ave
Lancaster, CA 93534
661-723-6198
[email protected]
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10TH STREET WEST AND AVENUE J IMPROVEMENTS - 2021
City of Lancaster

PROJECT TEAM
Project Manager: Sal Contreras, P.E.

Design Engineers: Josiah Jenison, P.E.,
Jose Ascencio, P.E.

Survey & Mapping: James Fallon, P.L.S.

QA/QC: Glen Pace, P.E
This current ECG project includes design improvements
for an approximately 3-mile section on two major arterial streets in Lancaster, CA. This project included typical pedestrian and bicycle improvements to construct curb,
gutter, sidewalk, and ADA curb ramps with curb
extensions and/or bulb-outs, minor traffic signal
modifications (pedestrian push buttons), minor street
widening, pavement repair, slurry seal, street tree removal and replacement, bus stop improvements, and existing
driveway apron replacements with ADA compliant
driveway aprons. The existing striping was removed and
replaced with new striping along the entire project corridor to accommodate new bike lanes with painted buffered
lanes, and some on-street parking. Coordination was
performed to monitor existing utilities and their relocation.

Community outreach as required and performed along
with resolution of right of way conflicts. This project was federally funded and executed in accordance with
Caltrans Local Assistance Procedures Manual (LAPM),
Local Assistance Program Guidelines (LAPG), and the
City’s federal funding agreements to ensure compliance
with all Federal requirements.

CLIENT
City of Lancaster

CONTACT
Dao La, Development Services
615 W Avenue H
Lancaster, CA 93534
(661) 723-6177
[email protected]
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An Employee-Owned Company
2017-2018 MAINTENANCE PROGRAM ROAD IMPROVEMENTS, through 2020 City of Ventura

PROJECT TEAM
Project Manager: Sal Contreras, P.E.

Design Engineers: Josiah Jenison, P.E.,
Travis Maag, P.E.

Survey & Mapping: James Fallon, P.L.S.

QA/QC: Glen Pace, P.E
The City of Ventura 2017-2018 Maintenance Program was a city-wide initiative to improve pavement conditions and pedestrian safety. The following projects were issued under the program and completed by ECG on an on-call basis as contracted by the City of Ventura.

CLIENT
City of Ventura

CONTACT
Mark Garcia, P.E., Public Works Dept.
501 Poli Street
Ventura, CA 93002
(805) 658-4789
[email protected]

PORTOLA ROAD IMPROVEMENTS
This project to repair or reconstruct portions of Portola Road was part of the 2017-2018 maintenance program and issued as part of an on-call contract. The project area covered Telephone Road to Ralston Street. The repairs included pavement maintenance, pavement evaluations, sidewalk and ADA ramp improvements striping and signage and drainage repairs as related to the curb and gutters. Survey work included conventional topographic measurements combined with ground based lidar (scanning) to provide greater detail and crew safety.

TELEGRAPH ROAD IMPROVEMENTS
The Telegraph Road improvement project consisted of road repair and reconstruction for approximately 2900 LF of Telephone Road from Main Street to McGrath Street. The repairs included pavement grind and overlay, full-depth pavement repair, sidewalk and ADA ramp improvements, drainage repairs, and bicycle lanes. striping and signage plans. Survey work included conventional topographic measurements combined with ground based lidar (scanning) to provide greater detail and crew safety.

Project was issued under an on-call contract.

SB-1 JOHNSON DRIVE IMPROVEMENTS
As part of an on-call contract, ECG was enlisted to aid in the repair and reconstruction of approximately 4300 LF of Johnson Drive from the US-101 Overpass to Bristol Road as part of the California SB-1 Road Repair and Accountability Act. Our team provided topographic mapping and engineering design.

The repairs included pavement grind and overlay, full-depth pavement repair, sidewalk and ADA ramp improvements, median reconstruction with pedestrian cut-throughs, and drainage repairs. The project also included bicycle lanes, striping and signage plans.

TELEPHONE ROAD IMPROVEMENTS
The Telephone Road improvement project consisted of road repair and reconstruction for approximately 3100 LF of Telephone Road from Main Street to McGrath Street. The repairs included pavement grind and overlay, full-depth pavement repair, sidewalk and ADA ramp improvements, drainage repairs, bicycle lanes and striping and signage plans. Survey work included conventional topographic measurements combined with ground based lidar (scanning) to provide greater detail and crew safety. Project was issued under an on-call contract. 221
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Statement of Qualification to Provide
On-Call Engineering and Professional Services

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An Employee-Owned Company

PROJECT MANAGEMENT SYSTEM
ECG has put together a team with experience working seamlessly with public agencies and other consultants to effectively complete projects for the City of Santa Paula. Our commitment to designing functional, efficient, cost effective, and long-lasting public improvements is our driving force. We excel at finding creative solutions to challenging engineering problems. Our team of engineers and surveyors has a familiarity with the local rules and regulations and works to identify challenges early which repeatedly results in successful project delivery. They possess the knowledge and expertise to consistently produce well-designed, constructible projects that are delivered on time and within budget. We recognize the importance of adherence to quality assurance and quality control and how these efforts directly result in minimal construction change orders and minimal plan check comments for our clients.

Based on our experience the following list of critical activities are important project management elements of each project and keys to making the project a success for all involved:

1. Project Constraints
At the beginning of each project, developing a list of known constraints is critical in order to avoid any unforeseen conditions. A little effort in the beginning can save a lot of time and expense later. Some constraints include, but not limited to:
• Environmental
• Utility relocations
• ADA deficiencies
• Identify applicable standards and improvements associated with City Master Plan • Identify drainage deficiencies
• Identify stormwater quality mitigation requirements
• Budget

2. Project Scope of Work
The success of a project starts long before the technical design has begun. Developing a solid understanding of the project scope and design considerations to be incorporated into the project lays the groundwork for all subsequent tasks. This is typically accomplished with a site visit and meeting between the City’s Project Manager, ECG’s Project Manager, and any other key stakeholders. Decisions made during this phase will carry through the entire project. We value and respect the needs of the City, recognizing that each project is unique and important. Based on the list of anticipated projects provided in the RFQ, the general scope of work for civil engineering services which ECG is ready to provide to the City include, but are not limited to, the following:
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• Feasibility/concept plan studies and
recommendations
• Stormwater Analysis
• Preliminary Design Reports
• Ventura County MS4 Permit
• Storm Water Pollution Prevention Plans
(SWPPP)
• Permit processing
• Perform field surveys for design
• Prepare right of way maps and legal
descriptions
• Plans, Specifications, and Estimates
• Prepare record drawings and existing
utility research
• Provide construction contract reviews
and recommendations
• Perform construction phase services
• Pavement evaluations and design
• ADA evaluations
• Roadway Improvements
• Utility Improvements
• Structural design and calculations
• Construction Document preparation
• Striping and Signage

3. Project Budget
Ensuring that the entire project team understands the budget for each individual task is critical in preventing project overruns. Keeping the team informed of the overall construction and project budgets allows for team members to provide a more valuable and meaningful level of service. Understanding design fee budgets from the beginning will help minimize change order requests, while the understanding of overall project budgets can help minimize changes during construction. ECG project managers utilize BigTime budget tracking software to monitor project budgets on a daily basis.

4. Project Schedule
Many projects operate on the ASAP schedule which can result in inefficient designs and has the potential to increase costs. Establishing a reasonable project schedule and getting buy-in from the entire team at the beginning of the project allows for increased probability of success while minimizing stress and conflict as the project progresses. ECG project managers utilize MS Project to develop, set project milestones and track progress and resources.

5. Desired Project Outcome
Having a clear picture of the City’s desired end result will help clarify decisions throughout the design process while providing a reference point to be used for evaluating progress along the way. This well-defined understanding will help guide the team to successful project completion.

6. Communication
A wise engineer once stated that “the only bad communication is no communication.” Time after time this has proven true; open, honest, and clear communication will often help ensure that the project stays on the path toward success. With today’s Covid-19 guidelines, ECG is prepared to continue communication as seamlessly as possible utilizing web conferencing and screen sharing technology in lieu of face to face meetings.

7. Quality Control / Quality Assurance
ECG has developed a QA/QC plan to be implemented by project managers. Our procedures will help ensure high-quality services that satisfy the City’s needs. Quality professional work is the cornerstone of ECG’s business. The program includes a project team review, an independent review, and a constructability review prior to final plan submittal. An overview of this plan is provided here. A full written copy of our company’s Quality Assurance plan is available upon request.
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Encompass Consultant Group PAGE 29
An Employee-Owned Company

HOURLY RATE SCHEDULE
Engineering
Designer.........................................................$98 Senior Designer........................................... $140 Assistant Engineer I .................................... $125 Assistant Engineer II ................................... $140 Associate Engineer ..................................... $165 Senior Engineer I......................................... $180 Senior Engineer II........................................ $196 Principal Engineer I..................................... $216 Principal Engineer II.................................... $240 General
Technical/Clerical Support.............................$80 Testimony (Trial or Deposition)2.5 x Hourly Rate
Special Consultant ...................................... $250 (Principal with specialized skills in
engineering, geomatics or planning)
Outside Consultant............................Cost + 10% Reimbursable Expenses Cost + 10
Geomatics (Surveying & Mapping)
Surveying Technician....................................... $98 Assistant Surveyor I ....................................... $125 Assistant Surveyor II ...................................... $140 Associate Surveyor ........................................ $165 Senior Surveyor I............................................ $180 Senior Surveyor II........................................... $196 Principal Surveyor I ........................................ $216 Principal Surveyor II ....................................... $240 One-Man Survey Crew................................... $180 Two-Man Survey Crew................................... $263 Three-Man Survey Crew................................ $371 One-Man Survey Crew (Prevailing Wage)..... $191
Two-Man Survey Crew (Prevailing Wage)..... $288
Three-Man Survey Crew (Prevailing Wage).. $433
* The above billing rates are for straight time (non-overtime) work. Overtime and Saturdays will be charged at 150% of the standard hourly rates. Sundays and holidays will be charged at 200% of the standard hourly rates. * ‘Prevailing Wage’ rates are used for field work on projects subject to federal or state prevailing wage law and are subject to increases in accordance with the CA Dept of Industrial Relations. * The above billing rates are subject to change annually for multiple-year contracts in conjunction with labor cost increases.
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Encompass Consultant Group Additional Requirements and Forms An Employee-Owned Company

ADDITIONAL REQUIREMENTS

LAWSUIT/LITIGATION HISTORY
ECG does not currently have, nor has had in the past years, any lawsuit or arbitration proceedings initiated by or against the firm.

FINANCIAL INTERESTS
To the best of our knowledge, no actual, apparent, direct or indirect, financial relationships or potential interests exist in the past or present with respect to ECG or any employees and any members of Santa Paula City Council or Staff.

PUBLIC WORKS CONTRACTOR REGISTRATION (DIR)
Registration No. 1000037899

ADDENDA ACKNOWLEDGEMENT
 Addendum No. 1, Received May 16, 2023
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Addendum No. 1

CITY OF SANTA PAULA

REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQ)
FOR

ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES PROPOSALS ARE DUE: Not later than 3:00 P.M. Wednesday, May 24, 2023, electronically to [email protected].

The City of Santa Paula (City) is inviting engineering and professional firms to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide On-Call Engineering and Professional Consulting Services (“Services”), which shall be provided under the general direction of the Public Works Director or their designee.

A searchable pdf less than 10mb in size of the proposal shall be submitted electronically to the following:

Tatiana Arnaout, [email protected]
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
Encompass Consultant Group, Inc. 333 N. Lantana Street, Suite 287, Camarillo,CA 93010 Vice President
Sal Contreras P.E.
(805) 322-4443 x201
227
www.ECGcivil.com
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Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A-I"

FEDERAL CONTRACT PROVISIONS
[**PROVISIONS APPLY ONLY IF CONSULTANT SERVICES ARE FEMA-FUNDED**] During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.

1. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant's personnel for the purpose of interview and discussion related to the books and records. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with the Disaster Recovery Act of 2018, the City and Consultant acknowledge and agree that no language in this contract is intended to prohibit audits or internal review by the FEMA Administrator or the Comptroller General of the United States.

2. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)

2.1 Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:

2.1.1 The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2.1.2 The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
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Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT–ON
CALL

2.1.3 The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

2.1.4 The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

2.1.5 The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

2.1.6 The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

2.1.7 In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

2.1.8 The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction 230
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CALL
work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2.2 Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with the following:

2.2.1 Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

2.2.2 Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

2.3 Appendix II to Part 200 (H) – Debarment and Suspension. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Consultant must comply with 2 C.F.R. pt. 180, 231
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subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above.

Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.

2.4 Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act. Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

2.5 Procurement of Recovered Materials. In the performance of this contract, Consultant shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

3. MISCELLANEOUS PROVISIONS

3.1 The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

3.2 This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

3.3 Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.

3.4 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract.

3.5 General and administrative expenses shall be negotiated and must conform to the Cost Principles in 2 C.F.R. Part 200. Profit shall be negotiated as a separate element of the cost. 232
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To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.
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EXHIBIT "B"

SAMPLE TASK ORDER FORM
TASK ORDER #
Issued under AGREEMENT FOR SERVICES, dated __________________ Project Name:

Project Number:

Contractor Name:

Vendor Number:

Contract Number:

Account Number: XXX-X-XXXX-XXX
Date Prepared:

Project Description:

Provide ______________________ consulting services to the City of Santa Paula.

Description of Services to be Performed by Consultant under this Task Order:

The City of Santa Paula authorizes the Consultant (_______) to ____________________________________________________________________________ ____________attached ___________proposal dated _______________(Exhibit A).

Time for Completion:

The Consultant shall complete the work __ months from executed Task Order.

Cost Estimate:

Task Order # __ hereby authorizes payment in the amount of $____________. This project will be completed on a time and materials basis in accordance with the Standard Agreement for Services dated _______________.

CONSULTANT/CONTRACTOR
_________________________________________ _________
Consultant Company Date
Recommended/Approved By:
__________________________ _________ _________________________ _________ Clete Saunier, Date Christy Ramirez, Date
Public Works Director Finance Director
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________________________________________ ________
Dan Singer, Date
City Manager
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Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON
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EXHIBIT "C"
Compensation
[Attached behind]
236
City of Santa Paula
Statement of Qualification to Provide
On-Call Engineering and Professional Services

Encompass Consultant Group PAGE 29
An Employee-Owned Company

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF SANTA PAULA

AND LSY ENTERPRISE, INC
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PROFESSIONAL SERVICES AGREEMENT

ON-CALL SERVICES

BETWEEN

THE CITY OF SANTA PAULA
AND
LSY ENTERPRISE, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of September, 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 LSY Enterprise, Inc., a California corporation, with its principal place of business at 26032 Laguna Court, Santa Clarita, CA 91355 ("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 traffic engineering 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 On-Call Engineering and Professional Consulting Service 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 traffic engineering consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, 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, 2026, 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 (1) one additional oneyear term. The Parties may, by mutual, written consent, extend the term of this Agreement if 239
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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 in Exhibit "A" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation for all Task Orders issued hereunder shall not exceed Two Hundred Fifty Thousand Dollars and no cents ($250,000.00) per fiscal year 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.

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

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

3.3 Responsibilities of Consultant.

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. 240
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3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

Andrew Yi, PE, TE.

3.3.6 Consultant's Representative. Consultant hereby designates Andrew Yi, PE, TE, 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.

3.3.8 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 241
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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.

3.3.9 Period of Performance.

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 242
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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.

3.3.10.6 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. 243
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3.3.11 Insurance.

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:
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(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.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

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. 246
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(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.
(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.

3.4 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. 247
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3.5 Termination of Agreement.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel 248
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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 volunteers.

3.7 General Provisions.

3.7.2 Independent Contractors and Subcontracting.

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 249
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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.

Consultant: LSY Enterprises, Inc.
26032 Laguna Court
Santa Clarita, CA 91355
ATTN: Andrew Yi, PE, TE
City: City of Santa Paula
PO Box 569
Santa Paula, CA 93061
ATTN: Clete Sauiner, Public Works 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.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & 250
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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.

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 251
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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.

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

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.

3.7.13 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 252
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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.

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

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders

3.8 Federal Provisions.

The requirements in this section shall apply to the extent FEMA financial assistance will be used to fund all or a portion of this Agreement. Consultant shall comply with all federal requirements including, but not limited to, the following: 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference, and Federal Contract Provisions attached hereto as Exhibit “A-1” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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EXHIBIT "A"

SCOPE OF SERVICES
AND

COMPENSATION
[Attached behind]
256
Statement of Qualifications for
City of Santa Paula’s On-Call Engineering and
Professional Consulting Services
Service Category 7: Traffic Engineering
Submitted By:

LSY Enterprise, Inc.

Authorized Representative and Contract Signatory: Andrew Yi, P.E., T.E., Principal Phone: 661-510-0504
Email: [email protected]
LSY
257
Table of Contents

1. Letter of Transmittal 3

2. Firm Information & Qualifications 4

3. Proposed Staffing and Organization 8

4. Relevant Experience & References 13

5. Project Management System 14

6. Hourly Rate Schedule 15

7. Lawsuit/Litigation History 15

8. Financial Interests 15

9. Public Works Contractor Registration Certification (DIR) 15 258
LSY Enterprise SOQ for City of Santa Paula’s On-Call Engineering and Professional Consulting Services – Service Category 7: Traffic Engineering
LSY Enterprise, Inc. 3

1. Letter of Transmittal
Tatiana Arnaout, Deputy City Engineer May 24, 2023
City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
RE: Statement of Qualifications for City of Santa Paula’s On-Call Engineering and Professional Consulting Services – Service Category 7: Traffic Engineering Dear Deputy City Engineer Arnaout,
LSY Enterprise Inc. (LSY Enterprise) is pleased to submit this statement of qualifications to provide the City of Santa Paula (City) with On-Call Engineering and Professional Consulting Services in the area of Traffic Engineering. We are a boutique consulting firm can provide your city with tailored, comprehensive, and vision-driven services informed by decades of professional public and private sector experience.

LSY Enterprise is led by Andrew Yi, PE., T.E. who is equipped with over three decades of traffic engineering, transportation planning, and land development engineering experience with local municipalities throughout Southern California. After a 17-year tenure serving as the City Traffic Engineer/Assistant City Engineer for the City of Santa Clarita, Andrew went on to apply his knowledge to problem-solving for challenges and issues in other cities, providing services ranging from on-call traffic engineering services, staff training, signing and striping design, traffic plan reviews, traffic signal design and signal system operation, including development and implementation of signal timing coordination. He is also a champion for safety projects and preventative action involving schools and neighborhood traffic.

Andrew will serve as the Project Manager and will be supported by an established and communicative team throughout this engagement. All services will be provided in-house. LSY Enterprise looks forward to this opportunity to further the City’s objectives and endeavors.

Please contact me at [email protected] or (661) 510-0504 if you have questions or concerns.

Sincerely,
Andrew Yi, P.E., T.E.

Project Manager
LSY Enterprise, Inc.
26032 Laguna Court
Valencia, CA 91355
As Owner of the Firm, Andrew is authorized to bind the Company to its provisions.

LSY
259
LSY Enterprise SOQ for City of Santa Paula’s On-Call Engineering and Professional Consulting Services – Service Category 7: Traffic Engineering
LSY Enterprise, Inc. 4

2. Firm Information & Qualifications
LSY Enterprise is an incorporated boutique consulting firm operating from its office in Santa Clarita, CA. After over three decades in the public sector, including serving as the City of Santa Clarita’s City Traffic Engineer/Assistant City Engineer, Andrew established LSY Enterprise in 2020 to share his perceptivity to the management of sensitive issues and multi-stakeholder projects involving public officials, private citizens, special interest groups, and developers. He assists other cities, including the nearby City of Oxnard, strategize, develop, and implement their own traffic plans, studies, policies, and training for their staff as needed. Key areas of support include traffic engineering, traffic signal system, field services, and land development (private development/entitlement).

LSY Enterprise is supported by three staff and possesses the technical and financial resources to lead and administer your city’s project needs. Currently, the firm is acting as an on-call consultant to City of Oxnard and consultant on specific projects with the cities of Lancaster and Palmdale.

Relevant Firm Capabilities and Experience
LSY Enterprise successfully provides the following traffic engineering capabilities: developing, operating, and maintaining traffic signal systems and Intelligent Transportation Systems (ITS), preparing traffic plan reviews, safety studies (including traffic signal and stop and crossing guards), traffic impact analysis/review, school and neighborhood traffic evaluations, and establishing speed limits. Our capabilities are expanded upon on the following pages. Recent project experience relevant to the City’s proposed scope of work is highlighted on page 6.

SURVEYS AND STUDIES
Engineering studies can be prepared in response to citizen requests for traffic control device installations and modifications, such as stop signs, traffic signals, crosswalks, traffic channelization, and speed zones. These studies will typically include a review and preparation of the following deliverables:
• Traffic Collisions
• Traffic Count and/or Speed
Survey Data
• Field Review of Existing Traffic
Control Devices and Motorist/
Pedestrian/Bicyclist Behavior
• Corner Sight Distance Analysis
• Minimum Stopping
Sight Distance Analysis
• Warrant Studies (Based on the
• CA-MUTCD and City guidelines)
• Discussions with City Staff Regarding
Findings and Recommendations
• Preparation of Concept/Final Plans
(as needed)
• Report Summarizing
Findings and Recommendations
• Presentation of Study at Community/City
Council Meetings (if requested)
Intersection control studies typically include a review of traffic collisions, traffic counts, speed survey data, field review of existing traffic control devices, physical constraints, and assessment of traffic level of service (LOS). Short and long-term remedies can be recommended based on evaluation (most cost-effective method).

LSY
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LSY Enterprise SOQ for City of Santa Paula’s On-Call Engineering and Professional Consulting Services – Service Category 7: Traffic Engineering
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Safety studies should analyze collision history, traffic data, field conditions, motorist behavior, and traffic flow dynamic on roadways and intersections. The proposed mitigation measures for safety improvements should also be evaluated for potential adverse impacts or other improvements. For example, a multiway stop installation may divert traffic to an adjacent street or intersection, or a protected left-turn may require median modification to additional left-lane storage. Our team would conduct a before/after evaluation to assess the effectiveness of the implemented mitigation measures as well as applicability to other similar locations in the City.

Engineering and traffic surveys (E&TS) will be conducted in compliance with the California Vehicle Code (CVC) and appropriate engineering judgment. While acting as the City of Santa Claritas City Traffic Engineer, Andrew oversaw multiple speed survey studies and the establishment of speed limits. Most recently, LSY Enterprise conducted speed survey studies for the cities of Oxnard, Lancaster, and Palmdale and established speed limits for over 620 streets segments.

REVIEWS AND EVALUATIONS
Traffic impact studies and reviews can include assessment of the following areas: on-site circulation and project access, study intersections, project trip generation and assignment, LOS methodology and assumptions, accuracy of analysis and conclusions, and appropriateness and feasibility of proposed mitigation measures. LSY Enterprise can prepare memorandums to summarize findings.

Multiway stop evaluations should be conducted in concurrence with CA-MUTCD and local, residential multiway stop guidelines. Our team can give additional consideration to areas with high and vulnerable pedestrian activities, such as areas in proximity to schools, parks, and senior housing.

Traffic signal evaluations use CA-MUTCD guidelines to carefully assess the need for a traffic signal. Traffic signal installation as well as ongoing operation and maintenance expenses are costly for an agency. LSY Enterprise would consider other suitable remedies, such as access control, striping modification, or roundabouts, based on safety, circulation, and cost-effectiveness of operation and maintenance.

Traffic signal timing development, operation and maintenance is the single-most effective means of improving traffic flow and congestion on city roadways and intersections. It is estimated that improper traffic signal timing accounts for five to ten percent of all traffic delays.

Signal timing projects often realize a 20:1 cost-benefit ratio, and continued optimization of signal timing benefits motorists and the surrounding environment. Andrew brings knowledge of signal system operations from his time with the City of Santa Clarita, where he and his team designed a systematic approach to developing signal timing and establishing operation and proactive maintenance to sustain timing optimization.

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SIGNAL DESIGN
Review of design standards verify that plans are in compliance with the City and other applicable standards.

Traffic signal design. Traffic signal modification/installation plans will be prepared at a scale of 1"=20’. The traffic signal modification/installation plans will provide details necessary for the construction of a traffic signal modification or installation. At minimum, the plans will include but are not limited to, the replacement and/or installation of traffic signal poles, conduits, wires, cables, interconnect, fiber optic cable, loops (video detection), pull boxes, service equipment, controller equipment, battery back-up system, enclosures, electrical feed, luminaires, mast arm signs, as well as the necessary construction notes, schedules, phasing diagram, and details.

Relevant Project Experience
The following projects highlight our team’s experience relevant to the City’s scope of services.

Proposed key staff, Project Manager, Andrew Yi, P.E., T.E., and Traffic Signal Engineer, Cesar Romo, were involved in each engagement. All projects have or are being executed in a timely manner and within budget.

Project Name: Traffic Engineering On-Call Services, Oxnard, CA Organization: City of Oxnard
Involvement:

Andrew Yi, P.E., T.E. – Project Manager
Cesar Romo – Traffic Signal Engineer
Ellen Yi, CPA – Analyst
Relevance: Traffic engineering services, staff training, traffic plan review, traffic signal design, signing and striping design, and signal system operation (developing and implementing coordination traffic signal timing, development review, school, and neighborhood traffic) Projects and Services Provided:
• Guide traffic engineering operations and staff training on various subject matters, such as queueing, safety evaluation, signal warrants, and timing • Coordinate traffic signal timing development and implementation for Gonzales Road and Rose Avenue, a total of 39 intersections
• Review traffic signals at over 20 intersections, including 12 intersections as a part of the Highway Safety Improvement Program (HSIP)
• Investigate and evaluate school and neighborhood traffic, including Safe Routes to School project review
• Investigate and evaluate traffic safety, including intersection safety and operation and development of a Local Road Safety Plan (LRSP)
• Conducted E&TS study and established speed limits at 140 street segments LSY
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Project Name: Traffic Engineering On-Call Services, Lancaster, CA Organization: City of Lancaster
Involvement:

Andrew Yi, P.E., T.E. – Project Manager
Cesar Romo – Traffic Signal Engineer
Ellen Yi, CPA – Administrator/Analyst
Relevance: Traffic engineering services, including traffic plan reviews, safety investigations, traffic plan reviews, traffic signal operation, and signal timing Projects and Services Provided:
• Develop and construct Traffic Management Center (TMC) linking, monitoring, and operating over 150 traffic signals; this project entailed design of a TMC room, integration of a video management system, video detection, and CCTV cameras, fiber optics communications systems, and the next generation of traffic signal controllers • Develop and implement coordinated traffic signal timing for Sierra Highway, a total of nine intersections
• Traffic plan reviews for Ave K and J, and Lancaster Health District projects, including traffic signal, striping, traffic management plans, and roundabout plan with Kittelson Associates
• Conduct a traffic safety investigation and evaluations, including the development of a Local Road Safety Plan (LRSP)
• Traffic signal modification designs
Project Names: Engineering and Traffic Study (E&TS), Palmdale, CA Sustainable Transportation Plan (STP)
Organization: City of Palmdale
Involvement:

Andrew Yi, P.E., T.E.
• Project Manager for E&TS
• QA/QC for STP
Ellen Yi, CPA - Administrator
Relevance: E&TS, roadway safety
Projects and Services Provided:
• E&TS – conducted speed surveys and established new speed limits at 260 street segments
• STP – Advised Kimley-Horn on STP development, focusing on roadway safety, vehicle miles traveled (VMT), and local road safety plan (LRSP) • STP – Conducted quality control and analysis on collision locations and problems LSY
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3. Proposed Staffing and Organization
Key Staff
The City will be supported by three dedicated key staff at LSY Enterprise. Andrew Yi, P.E., T.E. will serve as Project Manager, leading traffic studies and design, advising on policies related to traffic engineering, keeping a pulse on project scheduling and development, and maintaining consistent communication with City staff. As the Traffic Signal Engineer, Cesar Romo will develop signal timing and traffic signal design and lead traffic signal operation maintenance, ITS, and fiber optic communication as needed. Andrew’s and Cesar’s partnership on traffic engineering projects extends over 20 years, including the successful implementation of the City of Santa Clarita’s Traffic Management Center (TMC). Ellen Yi, CPA, will provide data analysis, project coordination, and budget compliance. Staff resumes are detailed on the following page.

Organizational Chart
Key staff will support the City’s on-call contract in the specified roles.

Key Staff Availability
LSY Enterprise staff are committed to serving the City of Santa Paula and maintaining active communication throughout engagement. Our availability is as follows.

LSY Enterprise Staff Availability
Andrew Yi, P.E., T.E.

Cesar Romo
Ellen Yi, CPA
50%
20%
50%
City of Santa Paula
Traffic/Civil Engineer
Andrew Yi, P.E., T.E.

Traffic Signal Engineer
Cesar Romo
Administrator/Analyst
Ellen Yi, CPA
Project Manager
Andrew Yi, P.E., T.E.

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Resumes of Key Staff
Andrew Yi, P.E., T.E.

Project Manager
Andrew is a transportation engineer who enacts modern engineering principles to identify and solve problems systematically. He supported the City of Santa Clarita’s Engineering division for over two decades, during which he was responsible for traffic operation and safety, transportation planning, circulation, and funding. Since 2017, Andrew has used his knowledge of public sector objectives and operations to assist municipalities, including the cities of Oxnard, Lancaster, Palmdale, Westlake Village, Santa Clarita, Maywood, Suisun City and Eastvale, on various traffic engineering, CIP, and private development projects.

EDUCATION
B.S., Applied Mathematics, California State University, Northridge, CA

PROFESSIONAL CERTIFICATIONS
Professional Civil Engineer in CA #C64437
Professional Traffic Engineer in CA #TR1850

RELEVANT EXPERIENCE
Traffic Engineer (subconsultant to Kimley-Horn)
Sustainable Transportation Plan, Palmdale, CA
June 2022 – Ongoing
• Developing STP focusing on VMT and LRSP
• Conduct quality control and analysis on collision locations and problems Traffic Engineer
Engineering & Traffic Survey, Palmdale, CA
August 2021 – May 2022
• Conduct speed surveys at 260 street segments
• Established new speed limits
Traffic Engineer
Traffic Engineering On-Call Services, Oxnard, CA
September 2018 – August 2020;
May 2021 – Ongoing
• Provide Traffic Management Center (TMC) evaluation and recommendation • Supervise City’s Traffic Engineering department, grant writing and funding applications • Review City’s Traffic Plan, including traffic signals, sign/striping, and traffic control plans • Oversee CIP project planning, scope, cost estimate, and budgeting Traffic Engineer
Traffic Engineering On-Call Services, Lancaster, CA
March 2018 – Ongoing
• Oversee project quality control, including PS&E reviews, for the Avenue J, K, and M Interchange projects
• Conduct quality control and peer review of the Systemic Safety Analysis Report Program • Project manage E&TS Study and the Traffic Management Center development LSY
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City Traffic Engineer
City of Santa Clarita Traffic Engineering Division,
Santa Clarita, CA
August 2000 – September 2017
• Planned and evaluated division tasks, including transportation planning, mobility, bicycle planning, traffic safety, engineering plan design/review, conducting/directing evaluation/studies, and policy implementation
• Managed the City’s circulation and safety programs, CIP, annual collision analysis and mitigation program, neighborhood traffic management, and special events traffic management program
• Developed the City’s ITS, which included the creation of a Master Plan, Traffic Operation Center, fiber network, and implementation of an Adaptive Traffic Management system
• Oversaw traffic signal operation and maintenance, including a three-year traffic signal retiming program and the development of a hybrid traffic signal maintenance program • Secured funding and grants, forecasted future transportation needs, modified the City’s circulation element and development code, and enforced the City’s Complete Street policy and growth of Non-Motorized Plan
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Cesar Romo
Traffic Signal Engineer
Cesar is a seasoned traffic signal engineer with more than 20 years of experience in traffic operations. He has overseen the City of Santa Clarita’s traffic signal system for the past 16 years. Cesar’s technical and technological knowledge includes the installation, operation, and maintenance of traffic signals, ITS, fiber optic communications, and computer/traffic signal networking. His work in traffic signal system development and operation has been recognized by regional and national chapters of Intelligent Transportation Engineers (ITE), American Society of Civil Engineers (ASCE), and the American Public Works Association (APWA).

EDUCATION
B.S., Electricity and Electronic Engineering, Technological University of Aguascalientes

PROFESSIONAL CERTIFICATIONS
International Municipal Signal Association (ISMA) Traffic Signal Level III

RELEVANT EXPERIENCE
Traffic Signal System Administrator
City of Santa Clarita Traffic Engineering
Division, Santa Clarita, CA
August 2002 – Ongoing
• Manages the City’s traffic signal system, including Traffic Operation Center (TOC) and the operation and maintenance of over 200 traffic signalized intersections • Developed, implemented, and optimized the City’s traffic signal timing, updated every three years for optimization
• Developed and continuously updates the City’s ITS Master Plan • Enhanced traffic signal communication infrastructure with the installation of over 70 miles of fiber optic cable, which resulted in City-wide interconnectivity of all signals
• Designs, manages, and constructs fiber optic connections in the City’s right-ofway o Connected City facilities to increase network performance and eliminate recurring Internet contracts
o Leased excess fiber capacity to private companies to create City revenue stream • Deployed a web-based fiber optic management system to better manage the City’s fiber optic network and assess existing and future connections • Enhanced traffic condition monitoring by integrating 62 CCTV and 250 video detection cameras into the video management system
• Established a program to install battery backups at all signalized intersections in the City
• Assessed and deployed adaptive signal controllers and timing to all traffic controllers in the City
• Enhanced safety and improved circulation using innovative technology approaches
o Electronic Blank-Out Signs for pedestrians
o Dynamic Lane by Time of Day
o Give Me Green for bicycle detection and motorist awareness o Exclusive Pedestrian Crossing Cycle by Time of Day
• Developed database applications to centralize and provide staff remote access to traffic signal records, volume counts, and timing sheets LSY
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• Automated data collection processes by integrating the vendor’s Application • Programming Interface (API) with the centralized traffic signal database Ellen Yi, CPA
Administrator/Analyst

EDUCATION
B.A., Economics, University of California, Los Angeles

PROFESSIONAL CERTIFICATIONS
California State Licensed Certified Public Accountant (CPA)

RELEVANT EXPERIENCE
Metropolitan Transportation Authority, Los Angeles, CA
Senior Accountant May 2003 – December 2012
• Conduct analysis and review of financial data, including general ledger accounts, to achieve systematic data accuracy
• Supervise 20 department staff on the preparation of various reporting and documentation, including data analysis, financial reports, appropriate use of funding sources, revenue, and expenditure accounts
• Produce agency-wide quarterly performance reports for the financial department and provide recommendations to address financial issues and areas of improvements
• Evaluate the financial department’s expenditures by reviewing supporting documents, such as purchase orders, invoices, and contracts for correctness, and preparing summary reports
Accounts Payable Supervisor March 2001 – April 2003
• Review and approve invoices, adjusting entries, and purchase orders to verify the accuracy of recorded transactions
• Perform complex analysis of long outstanding invoices and provide internal and external audit support
• Lead biweekly review and analysis, initiate meetings with cost centers, and oversee training
• Determine staff workload distribution, task prioritization, and conduct performance evaluations
• Advance the implementation of a new Financial Information System release, procedures, and policies
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4. Relevant Experience & References
We are proud of our longstanding relationships supporting clients and their objectives and have worked on the following projects within the last three years. We invite you to reach out to the following references for further information on our services.

Reference 1
Client Name: City of Oxnard Primary Contact: Debbie O’Leary, Transportation Planner
Address: 300 West 3rd St.

Oxnard, CA 93030
Email: [email protected]
Phone: (805) 200-5283
Fax: N/A
Project Name: Traffic Engineering On-Call Services
Dates of Service: September 2018 –
August 2020; May 2021 – Ongoing
Location of Services: Oxnard, CA
Scope of Services: Traffic engineering services, staff training, traffic plan review, traffic signal design, signing and striping design, and signal system operation (developing and implementing coordination traffic signal timing, development review, school, and neighborhood traffic).

Reference 2
Client Name: City of Lancaster Primary Contact: Mitch Megas, Traffic Signal Supervisor
Address: 615 West Avenue H,
Lancaster, CA 93534
Email: [email protected]
Phone: (661) 723-5860
Fax: N/A
Project Name: Traffic Engineering On-Call Services
Dates of Service: March 2018 – Ongoing Location of Services: Lancaster, CA Scope of Services: Traffic engineering services, including traffic plan reviews, safety investigations, traffic plan reviews, traffic signal operation, and signal timing.

Reference 3
Client Name: City of Palmdale Primary Contact: Jay Nelson, City Traffic Engineer
Address: 38250 Sierra Hwy
Palmdale, CA 93550
Email: [email protected]
Phone: (661) 267-5320
Fax: N/A
Project Names: Engineering and Traffic Survey (E&TS)
Sustainable Transportation Plan (STP)
Dates of Service: August 2021 – Ongoing Location of Services: Palmdale, CA Scope of Services: Established speed limits at 260 street segments. Advising on roadway safety for development of STP with Kimley-Horn.

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5. Project Management System
Quality Assurance and Quality Control
As Project Manager, Andrew will oversee day-to-day operations and serve as the City’s primary contact for this engagement. As a former city traffic engineer, Andrew is in-tune with the various considerations, deadlines, and constraints specific to municipal projects. As a boutique consulting firm, LSY Enterprise provides specialized attention to its clients, prioritizing clear, consistent, and accessible communication channels to keep projects not just on schedule, but all involved parties knowledgeable of its progression at any point. Our Project Manager will maintain project schedule and deliverables and monitor budget with the support of our Administrator.

Based on each project type, scope, schedule, and budget, the LSY Enterprise team will coordinate with City staff and develop the specifics of deliverables, timeline, and project cost for each task order. Our staff’s standard turnaround timeline for some sample traffic engineering tasks are provided below:

Task Delivery Timeline
Engineering Plan Review 2 weeks for the 1st plan check and 2 weeks for subsequent review
Traffic Impact Study Review 2 weeks for small to medium-sized development projects
Warrant Studies 2-5 weeks depending on the available data and data collection
Development Plan Review 3 weeks for 1st plan check and 2 weeks for subsequent review
Collision Analysis 2 weeks
Outreach with Clients and Stakeholders
Having overseen 500 traffic engineering requests annually at the City of Santa Clarita, Andrew is seasoned to conduct traffic engineering investigations that may include requests for stop signs, traffic signals, crosswalks, traffic channelization, and school area improvements.

His experience includes addressing school-related traffic concerns, which may call for meetings with school staff, parents, and residents; field observation of behavior; data collection; and analysis and recommendations regarding the need for speed feedback signs, crossing guards, crosswalks, stop signs, flashing beacons, etc. Andrew can also assist the City with its community outreach efforts on selected traffic and transportation projects.

Relevant tasks may include attendance and participation at public meetings and the creation of various education and outreach materials.

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6. Hourly Rate Schedule
LSY Enterprise Standard Billing Rates (as of January 1, 2023) LSY Enterprise standard billing rates are displayed below based on classifications.

Classification
Principal-in-Charge
Project Manager
Traffic/Civil Engineer
Traffic Signal Engineer
Transportation Planner
Engineering Technician
Analyst
Administration
Overtime, Night, Holiday & Weekend Work
Mileage
Hourly Billing Rate
$205.00
$195.00
$195.00
$170.00
$170.00
$115.00
$110.00
$90.00
130% of the rates listed above
Based on standard federal rates
Billing rates are subject to change annually based on the Cost-of-Living index, not to exceed 5% per year.

Invoices are payable within 30 days of receipt. The City of Santa Paula must notify LSY Enterprise, Inc.’s Project Manager, in writing, within 30 days of receipt of any disputed charges in an invoice. Interest at the rate of 1.5 percent per month, or alternatively at the highest monthly rate allowable in the jurisdiction where the Services are being provided, whichever is higher, will be charged on all past due amounts.

7. Lawsuit/Litigation History
LSY Enterprise has not been involved in any litigation in the past five years.

8. Financial Interests
LSY Enterprise has no existing or past financial relationships with City Council and City staff.

9. Public Works Contractor Registration
Certification (DIR)
LSY Enterprise is not submitting for a service category that may be subject to prevailing wages.

Federal Tax ID: 82-1747385
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65283.00007\41580903.1
Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A-I"

2. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)

2.1.2 The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
272
65283.00007\41580903.1
Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT–ON
CALL

2.1.5 The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction 273
65283.00007\41580903.1
Exhibit “A-I-3” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

2.2 Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with the following:

2.3 Appendix II to Part 200 (H) – Debarment and Suspension. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Consultant must comply with 2 C.F.R. pt. 180, 274
65283.00007\41580903.1
Exhibit “A-I-4” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above.

Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.

3. MISCELLANEOUS PROVISIONS

3.1 The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

3.3 Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.

3.5 General and administrative expenses shall be negotiated and must conform to the Cost Principles in 2 C.F.R. Part 200. Profit shall be negotiated as a separate element of the cost. 275
65283.00007\41580903.1
Exhibit “A-I-5” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.
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65283.00007\41586977.1
Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
________________________________________ ________
Dan Singer, Date
City Manager
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65283.00007\41586977.1
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "B"

SAMPLE TASK ORDER FORM
TASK ORDER #
Issued under AGREEMENT FOR SERVICES, dated __________________ Project Name:

Project Number:

Contractor Name:

Vendor Number:

Contract Number:

Account Number: XXX-X-XXXX-XXX
Date Prepared:

Project Description:

Provide ______________________ consulting services to the City of Santa Paula.

Description of Services to be Performed by Consultant under this Task Order:

Time for Completion:

The Consultant shall complete the work __ months from executed Task Order.

Cost Estimate:

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF SANTA PAULA

AND WILLDAN ENGINEERING
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65283.00007\41586977.1
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "B"

SAMPLE TASK ORDER FORM
TASK ORDER #
Issued under AGREEMENT FOR SERVICES, dated __________________ Project Name:

Project Number:

Contractor Name:

Vendor Number:

Contract Number:

Account Number: XXX-X-XXXX-XXX
Date Prepared:

Project Description:

Provide ______________________ consulting services to the City of Santa Paula.

Description of Services to be Performed by Consultant under this Task Order:

Time for Completion:

The Consultant shall complete the work __ months from executed Task Order.

Cost Estimate:

CONSULTANT/CONTRACTOR
_________________________________________ _________
Consultant Company Date
Recommended/Approved By:
__________________________ _________ _________________________ _________ Clete Saunier, Date Christy Ramirez, Date
Public Works Director Finance Director
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65283.00007\41586977.1
Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT–ON
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________________________________________ ________
Dan Singer, Date
City Manager
332
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: RESPONSE TO GRAND JURY REPORT ENTITLED WATER

AVAILABILITY FOR WILDFIRES IN VENTURA COUNTY
Date: September 6, 2023
Agenda Item: 10.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the response letter to the Ventura County Grand Jury and authorize the Mayor to sign the letter.

BACKGROUND:

In the State of California, civil grand juries are authorized to “investigate and report upon the operations, accounts, and records of the officers, department, functions, and the method or system of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” (Cal. Penal Code 925(a)).

On or about June 12, 2023, the Ventura County Grand Jury issued its report titled “Water Availability for Wildfires in Ventura County” (the “Report”). In the Report, the Grand Jury recognized that in the 2017 Thomas and the 2018 Woolsey fire, water shortages hampered firefighting efforts and the ability to protect structures. The Grand Jury also recognized Ventura County frequently experiences conditions of low humidity, high winds and dry brush, conducive to dangerous wildland fires. Ventura County has 96% of its rural and unincorporated lands classified as very high fire zones.

The Report focused on the importance of having written procedures, adequate backup power, proper notifications of various safety notices, and communication between water purveyors.

The Report noted that notifications to Ventura County public water purveyors of impending Fire Weather Watches and Red Flag Warnings are inconsistent. The Report noted that inadequate communication between adjoining Ventura County public water purveyors limits their ability to coordinate available resources. The Report also noted that not all cities have adopted language concerning brush clearance around water infrastructure that is consistent with Ventura County Fire Code.

The Report recommends that Ventura County water purveyors establish written operational procedures and training to provide for increased water supply during Fire Weather Watch, Red Flag Warning, active fire and Public Safety Power Shutoff events for purposes of firefighting. 333
The Report further recommends that Ventura County water purveyors have on-site emergency power available for all critical water infrastructure; that the Ventura County Office of Emergency Services maintain a current contact list of Ventura County water purveyors, updated at least once a year; that Ventura County water purveyors establish common communication protocols with adjoining water purveyors to be able to coordinate needed actions, including water transfers; and that all Ventura County water purveyors establish a protocol for brush clearance around pumps, water tanks and supported infrastructure in accordance with Ventura County’s Fire Code. At the conclusion of the Report, the Grand Jury requested a response from the City to Findings F-01 through F-10, F-12 through F-14, Recommendations R-01 through R-03, and R-05 through R-8.

ANALYSIS:

Within 90 days after a Grand Jury’s issuance of the report, the City Council must comment to the Presiding Judge of the Superior Court on the findings and recommendations contained in the report. The attached proposed response to the Report, prepared by the Public Works Director and other key City staff, addresses the Grand Jury’s findings and recommendations.

STRATEGIC PLAN:

The approval of this agenda item does not directly address the strategic goals within the City’s adopted Strategic Plan.

FISCAL IMPACTS:

There are no fiscal impacts associated with this item outside of staff's time to respond to the report.

OPTIONS:

In addition to the recommended action, the Council can:

1. Propose alternative language and direct that the response be revised.

ATTACHMENTS:

Exhibit A - Proposed Response to Report on Water Availability for Wildfires in Ventura County.pdf
Exhibit_B_GJ-Report_2022-23_WaterAvailabilityForWildFiresInVenturaCounty.pdf 334

EXHIBIT A
Proposed Response to Report on Water Availability for
Wildfires in Ventura County
335
“Citrus Capital of the World” City of Santa Paula
970 Ventura Street  Santa Paula, California  Mailing Address: P.O. Box 569  93061  (805) 933-4214www.ci.santa-paula.ca.us 1 of 5
September 6, 2023
The Honorable Kevin G. DeNoce
Presiding Judge of the Superior Court
County of Ventura
800 South Victoria Avenue
Ventura, CA 93009
Re: City’s Response to Grand Jury Report Entitled “Water Availability for Wildfires in Ventura County”
Dear Judge Kevin G. DeNoce:

The Report focused on the importance of having written procedures, adequate backup power, proper notifications of various safety notices, and communication between water purveyors. The Report noted that notifications to Ventura County public water purveyors of impending Fire Weather Watches and Red Flag Warnings are inconsistent. The Report noted that inadequate communication between adjoining Ventura County public water purveyors limits their ability to coordinate available resources. The Report also noted that not all cities have adopted language concerning brush clearance around water infrastructure that is consistent with Ventura County Fire Code.

The Report recommends that Ventura County water purveyors establish written operational procedures and training to provide for increased water supply during Fire Weather Watch, Red Flag Warning, active fire and Public Safety Power Shutoff events for purposes of firefighting. The Report further recommends that Ventura County water purveyors have on-site emergency power available for all critical water infrastructure; that the Ventura County Office of Emergency Services maintain a current contact list of Ventura County water purveyors, updated at least once a year; that Ventura County water purveyors establish common communication protocols with adjoining water purveyors to be able to coordinate needed actions, including water transfers; and that all Ventura County water purveyors establish a protocol for brush clearance around pumps, water tanks and supported infrastructure in accordance with Ventura County’s Fire Code. At the 336
Ventura County Grand Jury – Response to Grand Jury Report September 6, 2023 2 of 5
conclusion of the Report, the Grand Jury requested a response from the City to Findings F-01 through F-10, F-12 through F-14, Recommendations R-01 through R-03, and R-05 through R-8.

Findings:

F-01. The Grand Jury finds that an adequate supply of water is essential for successful suppression of wildfires.

The City agrees with Finding F-01.

F-02. The Grand Jury finds that the limited number of Fire Weather Watch (FWW) advisories amplifies the importance of establishing written procedures, protocols and training.

The City cannot agree or disagree with finding F-02. An explanation of how the limited number of Fire Weather Watch (FWW) advisories amplifies the importance of establishing written procedures, protocols and training was not provided. The City acknowledges the importance of establishing written procedures, protocols, and training.

F-03. The Grand Jury finds that written procedures for actions taken by water purveyors during a Fire Weather Watch event is a best practice that is lacking in Ventura County.

The City agrees with Finding F-03
F-04. The Grand Jury finds that the limited number of Red Flag Warning (RFW) events amplifies the importance of establishing written procedures, protocols, and training.

The City cannot agree or disagree with finding F-04. An explanation on how the limited number of Red Flag Warning (RFW) events affects the importance of establishing written procedures, protocols and training was not provided. The City acknowledges the importance of establishing written procedures, protocols, and training.

F-05. The Grand Jury finds that written procedures for actions taken by water purveyors during a Red Flag Warning event is a best practice that is lacking in Ventura County.

The City agrees with finding F-05.

F-06. The Grand Jury finds that written procedures for actions taken by water purveyors during an active fire event is a best practice that is lacking in Ventura County.

The City agrees with Finding F-06.
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Ventura County Grand Jury – Response to Grand Jury Report September 6, 2023 3 of 5
F-07. The Grand Jury finds that written procedures for actions taken by water purveyors during Public Safety Power Shutoff (PSPS) events is a best practice that is lacking in Ventura County.

The City agrees with Finding F-07.

F-08. The Grand Jury finds that backup power to critical infrastructure is not always available
The City disagrees with Finding F-07 as it pertains to the City. The City has backup power for critical infrastructure on standby.

F-09. The Grand Jury finds that SCADA systems are not equipped with backup power in all instances.

The City disagrees with Finding F-09 as it pertains to the City. The City has backup power for its SCADA systems.

F-10. The Grand Jury finds that inadequate communication between adjoining water purveyors limits the ability to coordinate needed actions such as available water transfers.

The City cannot agree or disagree with Finding F-10. The city has no adjoining (e.g. connected) water purveyors available for water transfer.

F-12. The Grand Jury finds that enrolling in GETS and WPS would allow Ventura County water purveyors priority access to landline and cellular telephone networks in emergency situations.

The City agrees with Finding F-12.

F-13. The Grand Jury finds that enrolling in CalWARN would allow Ventura County water purveyors access to statewide resources.

The City cannot agree or disagree with Finding F-13 as no information was provided on what statewide resources would be accessible to the City.

F-14. The Grand Jury finds that Ventura County Fire Code section 4907.8 regarding brush clearance around water tanks, water supply pumps, pump houses and related infrastructure applies to all rural and unincorporated communities, and all cities except Fillmore, Oxnard and Ventura.
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Ventura County Grand Jury – Response to Grand Jury Report September 6, 2023 4 of 5
The City agrees with Finding F-14.

Recommendations:

R-01. The Grand Jury recommends that water purveyors establish written operational procedures and training to provide for increased water supply for fire flow during FWWs, RFWs, active fires and PSPS
The City will implement recommendation R-01. The City has established written operational procedures to provide for increased water supply for fire flow during FWWs, RFWs, active fires and PSPS and will commence training August 2023.

R-02. The Grand Jury recommends that water purveyors have emergency power on site for all critical water infrastructure including SCADA systems.

The City has implemented recommendation R-02. The City currently has a combination of stationary and mobile generators to provide emergency power for all critical water infrastructure including SCADA systems.

R-03. The Grand Jury recommends that water purveyors establish common communication protocols with adjoining water purveyors to coordinate needed actions, including water transfers during active fires.

The City cannot implement recommendation R-03 as it does not have any adjoining (e.g. connected) water purveyors available for water transfer. The City will make efforts to formalize communication protocols with neighboring water purveyors for other needed resource sharing.

R-05. The Grand Jury recommends that water purveyors enroll their employees in the FCC Wireless Priority Service (WPS) providing cell phone priority in emergencies.

The City has implemented recommendation R-05.

R-06. The Grand Jury recommends that water purveyors enroll in the Government Emergency Telecommunications System (GETS) providing landline phone priority in emergencies
The City has implemented Recommendation R-06.
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Ventura County Grand Jury – Response to Grand Jury Report September 6, 2023 5 of 5
R-07. The Grand Jury recommends that all water purveyors enroll in CalWARN, a network of water and wastewater agencies that can provide emergency resources.

The City will consider implementing recommendation R-06 and will gather additional information regarding enrollment in CalWARN.

R-08. The Grand Jury recommends that all water purveyors provide brush clearance around water tanks, water supply pumps, pump houses and related infrastructure.

The City has implemented recommendation R-08. The City provides brush clearance around water tanks, water supply pumps, pump houses, and related infrastructure on a regular basis. The City proactively monitors for uncontrolled brush growth as part of its regular site inspections.

We thank you for the opportunity to respond to the Report. Should you have any further questions or desire any further information, please contact our City Manager, Dan Singer, by telephone at (805) 933-4201 or by email at [email protected].

Sincerely,
Andy Sobel
Mayor
cc: Santa Paula City Council
Dan Singer, City Manager
Clete Saunier, Public Works Director
Keith Frost, Foreperson
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EXHIBIT B
Grand Jury Report on Water Availability for Wildfires in Ventura County
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To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: APPROVAL OF AMENDMENT NO. 2 TO MAINTENANCE SERVICES AGREEMENT WITH NATURAL GREEN LANDSCAPE, INC. FOR CITY

WIDE LANDSCAPE SERVICES
Date: September 6, 2023
Agenda Item: 10.H

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff Recommends City Council:

2. Authorize the City Manager to execute Amendment No. 2.

BACKGROUND:

During the month of August 2022 staff solicited initial bids for citywide landscape services. As a result, the city received two responses. Natural Green Landscape, Inc. was the lowest bid and was awarded an initial agreement.

On January 18th of this year, City Council approved Amendment No. 1 to that agreement which included extending the term, changing the scope of services to include areas located in the Harvest Development, and increasing the not-to-exceed amount.

In addition to our current agreement with Natural Green Landscape, Inc., the city has another landscape maintenance agreement with Mariposa Landscapes, Inc. Mariposa currently maintains Harding Park and provides some tree maintenance and tree inventory services to the city as well.

ANALYSIS:

During the last budget cycle, staff requested funding for additional contracted landscape services for Teague Park, Las Piedras Park, and for the Sports Park at Harvest.

Staff reached out to our two current contractors (Natural Green and Mariposa) and asked them to prepare a cost proposal for landscape maintenance for each park and to additionally include the cost to provide restroom maintenance / custodial services to our public restrooms 366
located in our parks.

Below is the result of those cost proposals:

Teague Park Las Piedras Park Sports Park Park Restroom
Maintenance
Mariposa $38,800.56 $28,794.36 $148,216.92 $62,400.12
Natural Green $18,000.00 $18,000.00 $60,000.00 $33,600.00 After reviewing the cost proposals and meeting with both contractors, staff is recommending moving forward with Natural Green Landscape, Inc. and executing Amendment No. 2 to their agreement.

In conferring with the City Attorney, it was her opinion that the expanded scope of work and contract price increase do not require the City to bid out the work as a new contract. However, in the abundance of caution, it is recommended that Council waive SPMC Section 41.09's formal bidding procedures pursuant to SPMC Section 41.10.

SPMC Section 41.10 gives Council the sole authority to waive bidding requirements “when required or desirable and in conformance with state law.” State law provides that cities must adopt purchasing regulations and that purchases must conform to the city’s purchasing regulations. See Gov. Code 54202. An example of what is “required or desirable” is when “general services [i.e. landscape maintenance] are available from only one vendor as supported by appropriate documentation.”
Accordingly, staff recommends that Council waive bidding requirements and find approval of Amendment No. 2 "required or desirable" for the following reasons:

1. City has an established relationship with Natural Green.

2. Because there is an established relationship, the City is already familiar with Natural Green's quality of work and it is not necessary to orient a new service provider to the City, saving staff and City resources.

3. Natural Green submitted the lowest priced proposal and, based on experience with landscape service providers, staff believes its services are competitively priced.

If the amendment is approved this evening, it is anticipated that Natural Green will begin providing services at Las Piedras and Teague Park beginning September 18th. In addition, we are anticipating the Sports Park's 90-day maintenance period will end mid-October to early November at which time Natural Green will begin providing landscape services at the Sports Park.

Please note that approving Amendment No. 2 with Natural Green does not end the City's relationship with Mariposa Landscapes. Staff intends to return to City Council in October with an amendment to their current agreement requesting that the term be extended and the notto-exceed amount be increased. The City also has a current agreement with Mariposa for tree inventory services.

STRATEGIC PLAN:
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This item is not a goal or objective in City Council’s two-year Strategic Plan; however, it is vital in order for us to provide well-maintained and safe landscaped areas throughout the city, including parks and sports fields.

We accomplish this by providing services both through agreements with qualified contractors and by the efforts of dedicated City staff.

FISCAL IMPACTS:

The costs related to landscape maintenance were approved as part of the FY 23-25 budget.

The breakdown per line item is listed below:
280-5-5022-202 $37,200
500-5-5028-202 $4,800
610-5-5063-209 $7,200
620-5-5072-202 $7,200
504-5-6002-202 $70,000
104-5-9103-202 $60,000
100-5-1532-202 $15,600
803-5-1532-209 $6,000
OPTIONS:

As an alternative to staff's recommendation, the City Council has the following options:

1. Decline to approve the Amendment.

If Council chooses not to authorize the Amendment, staff will need to solicit additional bids for landscaping services for Park Maintenance as a separate project. This will delay the City's current obligation to provide landscape maintenance for the new Sports Park and will also delay the use of funding that was allocated for Teague Park and Las Piedras Park for park and sports field maintenance.

2. Provide alternate direction to staff.

ATTACHMENTS:

EXHIBIT A - Natural Green Amendment No. 2.pdf
EXHIBIT B - Natural Green Agreement and Amendment No. 1.pdf EXHIBIT C - Mariposa Cost Proposal.pdf
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EXHIBIT A
Natural Green Landscape, Inc.

Amendment No. 2
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1 65283.00302\40947692.2
AMENDMENT NO. 2 TO THE MAINTENANCE SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA AND
NATURAL GREEN LANDSCAPE, INC.

This Amendment No. 2 to the Maintenance Services Agreement By and Between the City of Santa Paula and Natural Green Landscape, Inc. (“Amendment No. 2”) is entered into as of the 6th day of September, 2023 by and between the CITY OF SANTA PAULA, a California municipal corporation (hereinafter “City”), and NATURAL GREEN LANDSCAPE, INC., a California corporation (hereinafter, “Contractor”).

SECTION 1: Recitals. This Amendment No. 2 is made with reference to the following facts and objectives:

A. On or about September 19th, 2022, the City and Contractor entered into a Maintenance Services Agreement (“Agreement”).

B. On or about January 18th, 2023, The City and Contractor entered into Amendment No. 1. (Amendment No. 1).

C. The Agreement, starting from October 1, 2022 and ending June, 30, 2026 (“Term”), authorizes the City to utilize Contractor for citywide landscaping services as set forth in the Scope of Services attached as Exhibit “A” to the Agreement.

D. City and the Contractor now mutually desire by this Amendment No. 2 to change the Scope of Services and increase the total compensation.

SECTION 2: Amendment. In consideration of the foregoing and pursuant to Section 3.7.11 of the Agreement, the Agreement is amended to read as follows:

Section 3.2, entitled “COMPENSATION” is amended to read as follows:
“3.2. Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the proposals attached hereto and incorporated herein by reference.

In consideration of future needs and changes in Scope of Services, the total compensation shall not exceed $220,000 annually without written approval of City’s City Manager or City Council, as the case may be. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

All non-landscape maintenance services provided are considered outside of this agreement.”
SECTION 3: Counterparts. This Amendment No. 2 may be executed in any number or 370
2 65283.00302\40947692.2
counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

SECTION 4: Limited Amendment. Except as modified by this Amendment No. 2, all other terms and conditions of the Agreement, including Amendment No. 1, remain in full force and effect. In the event of a conflict between this Amendment No. 2 and the Agreement and/or Amendment No. 1, the provisions of this Amendment No. 2 shall control. [Signatures on next page]
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LANDSCAPE MAINTENANCE CONTRACT

BID SCHEDULE DETAIL

Item #1 – Santa Paula Street at Cameron Island – Planter area consists of concrete island with various of shrubs. Maintenance includes monthly clearance trimming to curb line, removal of dead shrubs, weeding as necessary and bi-weekly litter removal.

Item #2 – Ojai Rd at Cherry Hill St. to SP City Limit – Planter area adjacent to public pathways consisting of hedges and various varieties of shrubs. Maintenance includes monthly shrub trimming for clearance, weed control as necessary and bi-weekly litter removal.

Item #3 –Ojai Rd. at Amber Ln. – Adjacent to public pathways consisting of shrubs and hedges. Maintenance includes monthly shrub and hedge trimming for pathway clearance, weeding as necessary and weekly litter removal.

Item #4 – Peck Road North/West Corner at Telegraph Road – Planter area consisting of trees and various varieties of shrubs and ground cover. Maintenance includes monthly box trimming of hedges, clearance trimming, weed control as necessary and weekly water removal.

Item #5 – Peck Rd. at Harvard Blvd. – SE Planter - Planter area consisting of trees and various varieties of shrubs and ground cover. Maintenance includes monthly box trimming of hedges, clearance trimming, weed control as necessary and weekly litter removal.

Item #6 – Peck Rd. Parkways / Santa Paula St. to Foothill Rd. – Planter area adjacent to public pathways consisting of hedges and various varieties of shrubs.

Maintenance includes monthly shrub trimming for clearance, weed control as necessary and weekly litter removal.

Item #7 – Peck Road East Side of Harvard to Faulkner Road – Planter area consisting of trees and various varieties of shrubs and ground cover. Maintenance includes monthly box trimming of all hedges, clearance trimming of all shrubs from pedestrian pathways, weeding as necessary, removal of plants that are dead or encroaching into other plants. These may be transplanted to other locations. Weekly litter removal.

Item #8 – Saticoy St. at Ojai Rd. (median) – Planter area consists of island planter with low growing shrubs. Maintenance includes monthly shrub trimming for clearance, weed control as necessary and bi-weekly litter removal.

Item #9 - Parkway Planters at Telegraph & Country View Ct. – Planter area consisting of shrubs adjacent to pedestrian ways. Maintenance includes monthly box 373
trimming of hedges, trim for clearance, and weed control as necessary and monthly litter removal.

Item #10 – Downtown Main St. / 7th St. east to 8th St. east to 12th St. –Maintenance includes weekly edging, mowing and weeding of grass areas. Monthly trimming of shrubs and plants and removal of dead material, remove all suckers from trees and notify City of any dead, diseased or damaged tree, weekly litter removal. Also included is bi-annual maintenance (aeration) of grass areas, weed and bi-monthly fertilizer application.

Item #11 – Hillsborough Manor Ridge Hillside, East End of Loma Vista – Manor Ridge Hillside – Consists of hillside planting area with ground cover and some shrubs.

Maintenance includes Bi-weekly weeding and litter removal. East end of Loma Vista – Consists of hillside area.

Item #12 - Well 12 at Lemonwood Dr. - Area consists of shrubbery, vines, ground cover and ornamental plants. Maintenance includes bi-weekly trimming to maintain clearances as needed, weeding and litter removal on a weekly basis.

Item #13 – Well 13 at Cemetary Rd. – Area consists of shrubbery, vines, ground cover and ornamental plants. Maintenance includes bi-weekly trimming to maintain clearances as needed, weeding and litter removal on a weekly basis.

Item #14 – City Reservoir at 10th St. – Landscaped area consisting of ornamental plants, rose bushes, hedges, vines, ground cover, etc. Maintenance includes weekly maintenance of landscaped areas. Maintenance also includes inside the fence line around the City reservoir to control weed growth. This can be accomplished either by weed spray or pre-emergence to bare soil. There is a large area adjacent to the landscaped area on the 10th St. side that is currently un-improved. This area will also be maintained weed free.

Item #15 – Peck Rd. Ditch – Area consisting of mostly un-improved or natural areas.

Maintenance includes weed control and litter removal on a monthly basis.

Item #16 – Park St. Easement Mill Park – Area consisting of mostly un-improved or natural areas. Maintenance includes weed control and litter removal on a monthly basis. In addition, maintenance of the vines and landscaping surrounding the Park Street Booster Station is required.

Item #17 – Santa Clara and 12th St. – Area consisting of mostly un-improved or natural areas. Maintenance includes weed control and litter removal on a monthly basis.

Item #18 – Main St. at Harvard Blvd. West/East side to bridge – Area consisting of mostly un-improved or natural areas. Maintenance includes weed control and litter removal on a monthly basis.

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Item #19 – 10th St.- Ventura St. to Main St. (Eastside parkway) - consists of weekly edging, mowing and weeding of grass areas. Monthly trimming of shrubs and plants and removal of dead material, remove all suckers from trees and notify City of any dead, diseased or damaged tree, weekly litter removal. Also included is bi-annual maintenance (aeration) of grass areas, weed and bi-monthly fertilizer application.

Item #20 – Santa Paula & Palm Ave. Southwest planter along Palm Ave.

Maintenance includes trimming of shrubs, removal of litter, removal of dead material, removal of suckers from any tree and bi-weekly litter removal.

Item #21 – West side of Palm Ave. from Ventura St. to Main St. (Water Yard) – Landscaped area along Palm Ave. consisting of vines, shrubbery and ground cover along the fence line to the lawn area at the corner of Palm Ave. and Main St.

Maintenance includes weekly trimming to maintain clearance of pedestrian pathways, mowing, edging, weeding as necessary, removal of dead plant material and litter removal.

Item #22 – Green Street Parking Lot and Alley – Planter areas consisting of blocked planters and ground planters with ornamental trees and shrubs. Maintenance includes bi-weekly litter removal, weeding as necessary and removal of dead plant material, blowing of Parking lot.

Item #23 – Santa Paula Water Recycling Facility 920 Cal Pipe Rd. – Maintenance includes weed abatement along driving area inside of fence line. Weed abatement in the front of building, tree trimming, removing suckers, and litter removal bi-weekly.

Item #24 – Forrest Planter – Consists of hedging, weed abatement, removal of dead material, litter abatement, including all debris on walkway. Work is to be completed biweekly.

Item #25 - East Area 1 Corner of Hallock Dr./Telegraph Rd. up to Limoneira Ln. – Maintenance includes mowing, edging, hedging, removal of dead material, testing irrigation, and weed and litter abatement. Tree pruning up to 10 ft. to clear walkways. 375
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Natural Green Landscape, Inc. w P. (805) 824-0564 w F. (805) 804-3924 w WWW.NTLGREEN.COM 1 Natural Green Landscape
5661 Perkins Road Natural Green Landscape Oxnard, CA 93033 Landscape & Construction
July 25, 2023
Estimate: SP020R
City of Santa Paula
Parks & Recreation Department
530 W. Main St.

Santa Paula, CA 93060
Project: City Parks Landscape Mowing
Located at: City of Santa Paula
The following is a price for the 2023 landscape maintenance of 1 park for the City of Santa Paula Parks and Recreation.

The following Park is being proposed – Las Piedras Park. This proposal is for the monthly maintenance price of 1 park.

Mowing:
• Turf shall be mowed, and clippings removed.
• Cut cool season turf at least 2 ½ inches during warm season and reduce to 2 inches during cool season. • Cut warm season turf at 1 ½ inches, during cool season. • Turf shall be cut at a uniform height.
• Turf shall be cut with sharp blades.
• Mowing patterns shall be changed weekly to avoid rutting of turf areas. • Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles in the lawn areas, such as electrical boxes or fixtures.
• No mowing shall be performed in very wet conditions. The Client will be notified when the mow day will be rescheduled.
• Areas to be kept free of normal litter and debris during mowing Edging:
• Perform edging on a weekly basis.
• All turf edges adjacent to walks, curbs, paved areas, fixtures at grade, and shrub or ground cover areas shall be trimmed as need to maintain a crisp and neat appearance with power edger. The use of string trimmer for edging is prohibited.
• Care shall be exercised with regard to the use of string trimmer (weed eaters) to prevent damage to trees, building surfaces, walls, header board, light fixtures, signage, etc. t.

Total as Described Above Monthly Per Park ………………………………… $1,500.00 Contract Extension: renewal contract for an additional 3+1+1 years will remain to current contract price until termination Sincerely,
Anthony Zaragoza
Natural Green Landscape
License # 1027584
The above prices, specifications and conditions are satisfactory and are hereby accepted.

ACCEPTANCE OF PROPOSAL
_________________________________________________________________________ Print Name and Title of Authorized Representative
______________________________________________ ____________________ Authorized signature Date
378
Natural Green Landscape, Inc. w P. (805) 824-0564 w F. (805) 804-3924 w WWW.NTLGREEN.COM 1 Natural Green Landscape
5661 Perkins Road Natural Green Landscape Oxnard, CA 93033 Landscape & Construction
July 18, 2023
Estimate: SP019R
City of Santa Paula
Parks & Recreation Department
530 W. Main St.

The following Park is being proposed – Teague Park. This proposal is for the monthly maintenance price of 1 park.

Total as Described Above Monthly Per Park ………………………………… $1,500.00 Contract Extension: renewal contract for an additional 3+1+1 years will remain to current contract price until termination with possible increase request approved by city
Sincerely,
Anthony Zaragoza
Natural Green Landscape
License # 1027584
The above prices, specifications and conditions are satisfactory and are hereby accepted.

ACCEPTANCE OF PROPOSAL
_________________________________________________________________________ Print Name and Title of Authorized Representative
______________________________________________ ____________________ Authorized signature Date
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Natural Green 2023
Landscape Maintenance
Proposal
FOR: Gregory Barnes
Harvest Sports Park - City of Santa Paula
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Gregory Barnes – Parks & Recreation Director
City of Santa Paula
866 E. Main Street
Santa Paula, CA 93060

Property: Harvest Sports Park - City of Santa Paula
Subject: MONTHLY LANDSCAPE MAINTENANCE BID
Dear Gregory,
Thank you for the opportunity to provide a landscape maintenance plan for the Harvest Sports Park - City of Santa Paula. As we assessed your community, we isolated segmented consistent area issues we can improve. Maintaining quality in mature communities is a challenge simply because of distressed plant material, irrigation components, and the complexity of young plants and shrubs.

The Natural Green Landscape Maintenance difference is garnered from the methodology of how a business surveys an inventory of its assets and liabilities. Taking account of the community’s plant material plays only a small part. The heart of the success of Natural Green Landscape is segmenting the community into similar component parts, we delegate staff with deeper guidance, and we maintain more capable crews and experienced account management personnel.

Our perspective is to find a balance of natural pruning that will require less frequent and aggressive pruning, hedging and clearance. By proactively managing young plant and trees to assure proper establishment. In some cases, plants were planted low requiring pulling soil from the trunks. It is crucial to review some planting areas to determine if there are high shade and full sun resulting in distress necessitating different plant material. The solution for these struggling areas determines if there are microclimates, excessive or inadequate moisture prior to filling these in. Filling them in with plants that are hardier and do better in the given conditions is key.

Harvest Sports Park - City of Santa Paula has had improper pruning practices that create the need for more frequent pruning. Hedging into boxes and other geometric shapes result in excessive dead wood and makes the community appear disheveled and out balance. Natural pruning rejuvenates natural forms of common areas with varied combinations of plants, ground covers we can improve over time.

In closing, our goal is to partner with the you to elevate the aesthetic and financial value of your community.

Respectfully,
Gilbert Zaragoza Jr. Gilbert Anthony Zaragoza
President Executive Management
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Harvest Sports Park - City of Santa Paula– Transformation Plan Shrub Pruning, Irrigation, Landscape Maintenance
Natural Green Solution:

Solutions Driven Landscape Maintenance Account Management • Irrigation Plan: Create opportunities for saving water and enhancing community § Frequent communication with task driven solutions with Photos, Maps • No power equipment to be operated before 8:00 am.
• No weekend work unless requested by the property
• Staff is clearly identified in professional Natural Green Attire Your Community Natural Areas:
• Necessitate training and safety for pedestrians, sidewalks, and open spaces. • Natural Green Staff proactively communicate pests such as bees will be included to weekly reports to indicate trends for the safety of staff and residents.

Shrub Pruning:

Rejuvenation Pruning: To restore excessive pruning of shrubs into boxes and geometric shapes. • Results in excessive woody dead plant material inside • More frequent pruning to maintain shapes
• Manicured shapes appear disheveled and unkept as shrubs lose their natural appearance and structure Goal to Minimize cost and prolong time between pruning:
• Training shrubs through consistent pruning while they are young is important to establishing healthy vegetation, making budgets more stable from year to year saving money over time. • Maintenance crews will adjust as needed for shrub pruning, based on growth rates, available water (drought) and exposure to sun and microclimates all contribute significantly to a need for proper pruning.

Irrigation Management:

Dedicated Irrigation Technician will be assigned to community. • Identify all mains, valves and components that are functioning appropriately. • Review plant material that is distressed and determine conditions of over water or under watering with the goal of optimizing water use.
• Identify dead or disheveled landscape materials resulting from failing irrigation with deteriorated heads.
• Components that have calcium deposits and root materials overtake irrigation systems. • Water efficient options in locations with complex plants, water waste and conflicts resulting in capital loss.

Young Plants Trees: Young Trees and Shrubs that require modification of soil to assure proper establishment.
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STAFFING
PLEASE NOTE: The Technicians we pick for your location will be a seasoned landscaping professional, presentable, and will be knowledgeable in all facets of landscaping (plant life, irrigation, power equipment, hardscapes, etc.). Technician will be bi-lingual and able to communicate fluently in English to a property representative.

Staff Duties
Natural Green Landscape will work throughout your property upon our weekly arrival. At all your entrances we will hand manicure shrubs and flowering plant material. We will maintain all groundcover, shrub beds, edging, detailing, and hand weeding throughout the entire property.

Technicians will spray post-emergent herbicides monthly or as needed in Ornamental beds and hardscape areas to control weeds. Our staff will consistently remove fallen branches, debris and trash throughout the property. As needed, we will trim ornamental plants away from sprinklers so that there is proper water coverage in all planters. During our visits throughout the week we will remove leaf litter and trash debris in all planters, walkways, & any areas of concerns. We will consistently look for areas that need special attention and recommend supplementals and enhancements that will revamp your property. We shall hold a high standard of care for your property.

Training
Our crews are trained to properly mow, prune, detail and provide the necessary TLC to achieve proper horticulture health and a highest quality appearance to your landscape. We routinely hold ongoing training courses for our crews so that they are constantly learning the most current techniques and best practices to maintain your landscape at the highest quality possible Irrigation
Weekly, our on-site staff will visually inspect the irrigation system. Staff will look for leaky valves and areas in concern. Staff shall also ensure proper coverage and that no foreign matter is clogging any sprinkler heads.

Monthly, our full-time irrigation tech will visually and hydraulically inspect the irrigation system to ensure that no sprinkler breakage has occurred. We will also, review water requirements of the project for over or under watering and adjust the automatic controller accordingly.

Communication / Account Manager
The Account Manager will ensure the quality of landscaping and determine areas of improvements. He and/or she will be in constant contact with your team to identify landscape maintenance priorities throughout the property. We will also work with you in providing any safety issues regarding the landscape. We will offer solutions that will specifically address your landscape needs
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Harvest Sports Park - City of Santa Paula
Performance based contract shall service property weekly. Our perspective is to find a balance of natural pruning that will require less frequent and aggressive pruning, hedging and clearance.

Winter and Fall are task driven and we will adjust to meet the requirements of each season peaks, for instance, Spring and Summer and may require Natural Green to send additional manpower to assure that we do not fall behind or result in neglect of key areas.

ANNUAL COMPENSATION SCHEDULE
The monthly service contract for this property shall be $5,000.00 per month.

The total amount annually for this contract shall be $60,000.00 per year, which shall be paid in twelve (12) installments of $5,000.00 per month.

Notes:
• Price includes initial Irrigation inspection of system and provide recommendations as needed • Price includes evaluation reports for problem areas when needed • Price includes Certified Arborist Reports when necessary with approved tree plans, and as approved tree care provider
• Irrigation tech labor per hour $65.00
Highlights:
• Mow and edge weekly
• Hand and mechanical spot weeding weekly
• Maintain groundcover, flower beds, planter beds, shrubs, and all plant material for proper establishment.
• Spot check to Clean hardscape areas from grass or weeds • Pick up trash in planter beds and remove leaf litter as it builds up. • Clear trees in frequented common areas or sidewalks only up to 10 feet high • Recommend Extra Proposals as improvements to resolve deficits with supplemental fertilizers, growth regulators, herbicides, & insecticides Client Budget Work Sheet:

Create prospective budgets for future needs
o Tree Care
Enhancements and Renovations for Aged and Failing Area
• Annual Color
• Perennial Color
384
SCOPE SPECIFIC TO – Harvest Sports Park - City of Santa Paula Maintenance Specifications
*PLEASE SEE NATURAL GREEN’S STANDARD SPECS ATTACHED AS WELL A. Lawn Areas:

1. All lawn areas shall be mowed, edged and cleaned as necessary to maintain a healthy appearance. ·

2. Contractor will fertilize all lawn areas, labor only at the expense ofthe Contractor, materials to be at the expense of the Association.

3. Areas to be kept free of normal litter and debris.

B. Flower Beds, Planters, Shrubs and Trees:

1. Weed control shall be used on a regular basis in all planter areas, either pulled out by hand or chemically sprayed. Labor only at the expense of the Contractor, materials to be at the expense of the Association.

2. Trees, plants, and ground cover that are stolen, pulled out or die will be replaced. This will be completed at the expense of the property provided it was not caused by negligence on the part of theContractor.

3. Shrubs shall be pruned and trimmed with regular care; ground cover and flowers shall be trimmed and edged as necessary to provide an aesthetic appearance.

4. Trees shall be properly tied to stakes; tree trimming will be clearance only below 10 feet in height.

5. Areas shall be kept free of normal litter and debris.

C. Irrigation:

1. Sprinklers will be checked, and adjusted as needed.

2. Irrigation time clocks will be checked for proper function and will be adjusted asto seasonal weather conditions and exposure.

3. Contractorshall clean, repair, and adjust irrigation system as needed. All labor and materials forirrigation repairs will be at the expense ofthe Association.

D. Fertilization:

I. Lawns shall be fertilized to maintain proper nutrient level and maintain a healthy appearance. Labor at the expense of the Contractor, materials to be at the expense of the Association. Fertilization to be performed a minimum at least 3 times per year. Client charged for materials only.

2. Ground cover and shrubs shall be fertilized twice annually with a coated slow release fertilizer. Labor at the expense of the Contractor, materials to be at the expense of the Association. 385
E. Pest Control:

I. Measuresshall be taken to prevent minor infestations of pests with chemicals. Volume care and treatments will be labor provided material cost is extra cost for property.

2. Application of chemicals by a licensedpesticide operator can be proposed and will be billed as an extra to this contract.

F. Weed and Disease Control:

1. Preventative measures shall be taken to maintain weed and disease control through weeding and the application of chemicals, either in granular or liquid form. Volume care and treatments will be labor provided material cost is extra cost for property.

2. Application of chemicals by a licensed pesticide operator can be proposed and will be billed as an extra to this contract.

G. Harvest Sports Park - City of Santa Paula:

An English-speaking foreman will always be available.

Contractor shall provide a 24-hour emergency pager number.

Contractorshall maintain adequateworkmencompensationandliability insurance. No charge for walk-throughs with supervisor orContractor.

After hour emergency call outs to be billed at $90.00 per man hour. 386
Landscape Maintenance Agreement
This Agreement for landscape maintenance services is made and executed effective this day of , 2023, by and between Natural Green Landscape, hereinafter referred to as “Contractor” and , hereinafter referred to as “Client”, together referred to as “Parties”.

1. Location. Contractor will provide landscape maintenance services at the real property located and described as:

Location: Address:

2. Performance. Contractor agrees to perform monthly landscape maintenance services in a manner described in the Scope of Work. The services shall be performed in accordance with standard industrypractices.

3. Term. The term of this Agreement is for One (1)years(s) beginning and ending

4. Scope of Work. See Scope of Work attached as EXHIBIT 1

5. Termination. Either party may terminate the Agreement by giving written notice thirty (30) days in advance, the period, which shall run from the date of receipt by the non---canceling party. In the absence of thirty (30) day written notice within the terms if this Agreement.

6. Payment. The consideration for the services to be provided by Contractor is set forth in the Compensation Schedule. Contractor will invoice Client at the end of each month. Client shall pay the amount of each invoice within thirty (30) days of its receipt. Authorized extra work shall be invoiced separately upon completion of authorized work.

7. Licenses. During the duration of the Agreement, Contractor shall maintain a valid landscape contractor state license. Contractor shall also hold appropriate Pest Control Operators and chemical application licensing/certification as required by the state of California or provide services of same as part of thisAgreement

8. Work Stoppage. Contractor shall have the right to stop work if any payments are not made pursuant to this Agreement and may elect to keep the job idle until all payments due have been receive. Such action by the Contractor shall not, in any manner, be deemed a breach of this Agreement.

9. Emergency Response. Contractor shall provide twenty---four (24) hour emergency response. Contractor shall initiate remedial action within one (1) hour from the time of notification.

10. Protection of Property During Inclement Weather. During periods of storms, Contractor (in collaboration with the property workforce) will provide supervisory inspections of the project during regular assigned hours to prevent or minimize possible damage from inclement weather. Contractor shall report any storm damage to the Client’s representative immediately. If remedial work is requested beyond the scope of this Agreement, proper approval shall be obtained prior to starting the work.

11. Holiday Schedule. Service shall not be performed on the following holidays:

A. New Year’s Day
B. Memorial Day
C. Independence Day
D. Labor Day
E. Thanksgiving Day
F. Christmas Day
In the event Client requests service from Contractor on a holiday, the service shall be billed as extra work. 387

12. Service Schedule. Contractor shall not enter the Client’s properties prior to 7:00 a.m. or sunrise, whichever is the latest, and shall be out of the Client’s properties by 6:00 p.m. or sundown, whichever is the earliest.

13. Client Liaison.

A. Contractor’s job supervisor shall meet with Client’s representative quarterly or monthly for the purpose of communicating any problems or evaluating the level of service.

B. If requested, Contractor will provide reports at no additional charge to the Client. This may include such reports as:

1. Suggestions for improving planting, foliage, ground cover, color, curb appeal orirrigation.

2. Cost estimates for remedial or additional work.

3. Status of ongoing maintenance work

14. Consulting Services. Contractor shall provide, at no cost to Client, consultation services relating to all aspects of landscape maintenance at the property, including, but not limited to, the list below:

A. Landscape water management: Recommendations and advice to effectively reduce water consumption.

B. Landscape selection and design: Recommendations and advice on landscape selection most susceptible to thrive in given environment.

C. Landscape maintenance program: Recommendations and advice on lawn care, plant care, tree care, flower care and irrigation maintenance.

15. Soil Analysis and Plant Testing. Contractor shall be responsible for recommendations to Client to have tests ordered to affirm the soil chemistry, plant disease, and insect pests, to properly maintain landscape. Contractor shall submit to Client a copy of any and all tests. Any specific test requested and authorized by Client shall be chargeable to Client.

16. Project Inspections. Upon request, Contractor or its job supervisor will walk the project with the Client’s representative for the purpose of determining compliance with the Agreement specifications.

17. Supervision. Contractor shall personally supervise all work or shall have a competent person supervise who can communicate in English, both orally and in writing, with the Client’s representative and Property Manager on the job. A Contractor supervisor will visit the property a minimum of once per week to inspect the job site. Whenever Contractor personnel report to any job site, they will check---in with Client---manager/on---site representative if possible.

18. Identification, Dress Code and Conduct. Contractor shall provide uniforms with appropriate company identification for all personnel working on Client’s property. All personnel shall present a neat and clean appearance. All company vehicles shall display the company identification and phone number on both sides of the vehicle. Contractor and contractor’s personnel shall be courteous and respectful with residents at all times. All questions from the residents related to landscape maintenance and all other aspects shall be directed to Client’s onsite representative. 388

19. Safety Procedures. In addition to compliance with Contractor’s Injury Prevention Program and all OSHA, CAL--- OSHA and other government requirements, Contractor will implement the following:

A. Safety vests/clothing shall be worn at all time.

B. Proper traffic control devices shall be used while working in median or near traffic areas.

C. Safety cones shall always be set in front of and at the rear of Contractor vehicles. Front cone shall not be necessary when parked head---in a parking stall.

D. When using power equipment, deflectors shall be used at all times to prevent debris from blowing into the street or toward the public.

E. When blowers are used to clean curb, debris shall always be blown away from the street and onto the median area to be hauled away.

F. Workers shall wear proper safety protection at all times. Personal Protection Equipment (PPE) includes but not limited to the following:

1. Safety glasses.

2. Hearing protection.

3. Hand protection.

4. Foot protection

20. Plant Additions and/or Replacements. As part of this Agreement, Contractor may be requested to replace damaged or destroyed plant material and remedial work. Such work shall be considered as extra work unless otherwise specified or unless replacement is due to Contractor’s neglect.

21. Extra Work. In the event Contractor is requested and agrees to perform work not specified under this Agreement, the following procedure will govern such extra work:

A. Work will be executed under a time and material basis or an agreed upon lump sum price. Depending on the nature of the work.

B. The Client’s representative will issue a purchase order number or sign a proposal for such extra work to be performed.

C. Extra work will be cost itemized in a separate billing.

D. Extra work will include, but is not limited to, the following:

1. Replacement of plant materials due to failures beyond Contractor’s control.

2. Replacement of worn or damaged sprinkler heads, valves, quick couplers, etc.

3. Any additional treatment required for planting (i.e., soil amendments, irrigation) not outlined in the Scope of Work specifications.

4. Laboratory costs of soil or plant testing requested by Client.

5. Remedial landscaping.

6. Repairs or replacement due to vandalism, natural disaster or acts of God.

7. High tree pruning above a height of twelve (10) feet.

8. Removal of surface roots which become maintenance or appearance problems.

9. Service on scheduled holidays.

E. This Agreement does not grant Contractor the exclusive right to said extra work.

F. Labor and materials for all extra work is guaranteed for one year. 389

22.Pesticides.

A. All materials shall be in strict accordance with the California Food and Agricultural Code.

B. Application of Pesticides:

1. The Client’s representative or Property Manager shall be notified forty--- eight (48) hours prior to any chemical application.

2. Insecticides, fungicides, and herbicides shall be applied in the stipulated by Department of Pesticide Regulations under the supervision of a licensed Pest Control Operator.

3. Pesticides shall be applied at times, which limit the possibility of contamination from climatic and other factors. Applicator shall monitor forecasted weather conditions to avoid making applications prior to inclement weather to eliminate potential runoff of treated areas. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without excessive runoff.

4. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Disposal of pesticides shall be within the guidelines established in California Food and Agricultural Code.

5. Chemical application records shall be kept on file by Contractor and be made available to Client’s representative upon request.

6. No chemicals (pesticides, insecticides, fungicides, herbicides, etc. shall be stored on Client’s property.

C. Contractor must submit a list of pesticides to be use for turf, ground cover, shrub, vine and tree for approval by Client. Contractor shall also submit an application schedule in conformance with the scope of work for approval by Client.

23.Cleanup.

A. In making applications of fertilizer, precautions shall be taken to contain these materials in the planting areas and prevent the depositing of material onto paved areas. Any fertilizer deposited on paved areas shall be removed immediately. Contractor shall also submit an application schedule in conformance with the scope of work for approval by Client. Contractor shall adhere to manufacturer recommendations concerning application. Client will be charged for materials only on fertilizer dates.

24.Cleanup.

A. Contractor shall remove all debris resulting from the maintenance operations and dispose of it according to project’s requirements. All grass clippings deposited on roadways or walks shall be picked up after each mowing or trimming operation.

B. All walkways shall be cleaned of debris when on---site.

C. Debris leaves, and rubbish in landscape areas shall be removed each scheduled maintenance visit.

D. All landscape areas shall be patrolled whenever on site to check for vandalism, broken tree branches, rodents, insects, snails, pests, disease, etc.

E. No debris shall be blown onto public property.
390

25. Rodents, Bird, Bat, Insect and Wildlife Control. Rodent, bird, bat, insect, and wildlife control shall be considered as an extra. At the request of Client, Contractor can provide an estimate to provide such control services. Rodents include, but are not limited to, mice, rats, squirrels, chipmunks, gophers, porcupines, beavers, prairie dogs, moles and groundhogs. Birds include, but are not limited to, pigeons, owls, seagulls, crows, woodpeckers, ravens, ducks, sparrow and geese. Insects include, but are not limited to, honeybees, hornets, yellow jackets, carpenter bees and

26. Insurance. Contractor shall provide proof of insurance and adhere to the following limits of liability:

A. Liability Insurance. Contractor shall maintain commercial general liability insurance, in broad form, including coverage for liability assumed by contract. The policy limits shall be at least $1 million for each occurrence and $2 million in the aggregate. The Certificates of Insurance shall designate Client as an additional insured and shall state that the insurance is primary and noncontributory. The Certificate shall provide that the policy may not be canceled or modified without thirty (30) days prior written notice to Client.

B. Automobile Liability. Contractor shall maintain automobile liability in comprehensive form, including insurance for owned, non---owned, and hired automobiles, trucks, and other licensed motor vehicles used by Contractor in connection with the work. The policy limits will be at least $1 million for bodily injury and/or property damage combined single limit. The Certificates of Insurance shall provide that the insurance may not be canceled or modified without 30 days prior written notice to Client.

C. Workers’ Compensation Insurance. Workers’ Compensation Insurance shall be in statutory from as required by the State of California. The Certificates of Insurance shall provide that the insurance may not be canceled without 30 days’ prior written notice to Client.

D. 27. Notification of Deficient Work. If client believes Contractor is providing deficient work, Client agrees to notify Contractor of the deficiencies in writing within 15 days of each said occurrence. If written notice is not received by Contractor within 15 days, Client agrees to waive any and all claims to recover past payments and/or rights to withhold present of future payments due under this Agreement.

E. Upon such notification Contractor agrees to resolve said deficiencies within a mutually agreed upon schedule, thereby not forfeiting any amount due under this Agreement for which any deficiencies have been resolved.

Harvest Sports Park - City of Santa Paula Natural Green Landscape, Inc.

By: _____________________________________ By: _________________________________________ (Signature) (Signature)
_______________________________________ __________________________________________ (Print Name) (Print Name)
_______________________________________ __________________________________________ (Date) (Date)
391
EXHIBIT 1
Contractor shall furnish all labor, equipment, materials, tools, services and special skills required to perform the landscape and irrigation maintenance as set forth in these specifications and in keeping with the surrounding community during scheduled maintenance visits. Contractor’s scope of work consists of the following.

PLANT MATERIALS
A. Turf

1. Mowing:
a. Turf shall be mowed, and clippings removed 40 times per calendar year. b. Cut cool season turf at least 2 ½ inches during warm season and reduce to 2 inches during cool season.
c. Cut warm season turf at 1 ½ inches, during cool season. d. Turf shall be cut at a uniform height.
e. Turf shall be cut with sharp blades.
f. Mowing patterns shall be changed weekly to avoid rutting of turf areas. g. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles in the lawn areas, such as electrical boxes or fixtures. h. No mowing shall be performed in very wet conditions. The Client will be notified when the mow day will be rescheduled.

2. Edging:
a. Perform edging on a weekly basis.
b. All turf edges adjacent to walks, curbs, paved areas, fixtures at grade, and shrub or ground cover areas shall be trimmed as need to maintain a crisp and neat appearance with power edger. The use of string trimmer for edging is prohibited. c. A bare dirt buffer zone, not to exceed six (6) inches, shall be maintained around the circumference of all trees, buildings, and raised fixtures in the turf. d. Care shall be exercised with regard to the use of string trimmer (weed eaters) to prevent damage to trees, building surfaces, walls, header board, light fixtures, signage, etc. 392

3. Fertilization:
a. Fertilize a minimum of 4x times per year to maintain a lush green appearance and perpetual growth. During winter months supplemental fertilizers will be requested.

Client to be charged for materials only when fertilizing.

4. Watering:
a. Operate irrigation system to obtain uniform moisture throughout the root zone. b. Use a soil probe or moisture sensor to determine moisture needs. c. Use repeat cycles to maximize penetration and minimize run off. d. Allow soil in turf areas sufficient time to dry prior to mowing to minimize soil compaction.

B. Ground Cover

1. Pruning:
a. Ground cover adjacent to walks, curbs, paved areas, buildings, shrubs and other miscellaneous objects in ground cover areas shall be pruned as needed to maintain a neat, clean well-defined edge.
b. Four (4) inch to six (6) inch bare dirt clearance shall be maintained around the circumference of all trees, shrubs, signs, etc. in ground cover and adjacent building structures. c. The use of string trimmer (weed eaters) to prune ground cover is prohibited.

2. Fertilization:
a. Fertilize quarterly (or 6 times per year) to maintain an appearance of continual growth. Client to be charged for materials only when fertilizing.

3. Watering:
b. Contractor shall schedule water application to produce a deep---rooted ground cover.

4. Weed, Pest, and Disease Control: Is limited to spot spray and Identification excessive or volume infestation requiring volume or repeat resolution is extra.
c. Contractor shall maintain a weed spot spray.
d. Apply pesticides as required to control and prevent disease/insects. Spot spray only! C. Shrubs

1. Pruning:
a. Pruning of shrubs shall be performed monthly or as needed to attain maximum desired effect of purpose while retaining as much of the natural characteristics or branching aspossible. b. Shrubs shall be pruned as required for safety, removal of broken or diseased branches, general containment, or appearance.
c. After flowering, remove any spent blossoms on flower stalks. d. The use of string trimmer (weed eaters) to prune shrubs is prohibited.

2. Maintenance:
a. Remove cobwebs and dust weekly.

3. Fertilization:
a. Fertilize all shrubs quarterly.
b. Contractor shall bring to attention supplemental fertilization to apply if required to correct mineral deficiencies affecting plant growth. Client to be charged for materials only when fertilizing. 393

4. Weed, Pest and Disease Control:
a. Contractor shall maintain shrub/beds free from weed, pest and disease at all times. Apply pesticides as required to control and prevent disease/insects. Client to be charged for materials only when fertilizing.

D. Vines

1. Pruning:
a. Vines and espalier plants shall be checked as required. b. Do not use nails to secure vines on masonry walls.
c. Prune all vines using accepted horticultural practices. NO pruning with a string trimmer. d.Vines shall be pruned and maintained so as not to obstruct fixtures, signs, windows, etc.

F. Color

1. Water as required promoting optimum growth.

2. Remove dead or faded blossoms, stems, and foliage when on site to encourage continued blooming and maintain a neat appearance.

3. Contractor shall maintain weed and pest free color beds.

4. Apply pesticides as required to control and prevent disease/insects.

5. All color which dies as a result of lack of watering, over watering, disease or insects will be replaced within 72 hours at the expense of Contractor.

6. Color will be planted 8” on center or otherwise as requested by Client.

G. Trees

1. No tree work shall be performed without prior approval and direction from Client’srepresentative.

2. Trees shall be pruned as required to remove broken, diseased branches or for general containment or clearance pruning below 10’ near sidewalks and common areas only. Natural Green can provide Tree counts, Tree Plans to conduct a pruning program, which must be approved by the Client’s representative.

This program should develop proper tree strength, and appearance consistent with intended use.

3. Tree stakes, ties, and guides shall be checked and corrected as needed. Ties will be adjusted to prevent girdling. Remove unnecessary stakes, ties and guides.

4. Pruning shall be done by those experienced and skilled in pruning techniques. All cuts shall be done using proper horticultural practices.

5. Pruning under this specification is limited to that which may be done from the ground.

6. Prune trees to allow for the necessary clearances for pedestrians and vehicle circulation. Canopy clearance up to 10 feet maximum. If trees have been topped, clearance issues will require restoration pruning of tree canopies by performing a development pruning as an extra proposal. 394

IRRIGATION SYSTEM
A. Controllers:

1. Contractor is to adjust watering schedule equal to the percolating rate each area is capable of receiving based on topography, soil type, plant material, season orclimatic factors.

2. Contractor shall utilize repeat cycle on controller to eliminate excessive runoff.

3. Hours of scheduled operation will be programmed to minimize disease occurrence of plantmaterial.

4. Schedule operation to reduce possible nuisance from sprinkler operation to pedestrians ofvehicles.

5. Scheduled operation other than 9 pm – 7 am must be approved by the Client’s representative.

6. Contractor shall perform preventive maintenance on controllers as needed.

B. Operating of System and preventive maintenance

1. All systems shall be personally observed during operation cycle at least once per month to verify effectiveness of sprinkler operation. The following conditions should be inspected, reported and fixed as soon as possible: misaligned irrigation heads, clogged or obstructed heads, missing or vandalized heads, low---head drainage conditions, overspray onto hardscape areas, poor coverage or uniformity, stuck valves, and broken risers, laterals or mains, etc.

C. Repairs
:

2. Contractor will adjust and clean as necessary, all sprinkler heads, valves, and pressure reducers to continue operation at maximum efficiency and performance.

3. Sprinkler heads in turf areas shall be kept clear of overgrowth, which may obstruct maximum operation.

1. Any repairs made by Contractor will be in accordance with current practices or as directed by Client’s representative.
a. Current practices: use of matched precipitation heads for all replacements. b. All heads on triple swing joints.
395

2. Repairs to the irrigation system caused by conditions under which Contractor does not have direct control shall be paid by the Client’s representative as extra work. Repairs under this shall be vandalism, normal wear and tear, storm damage (Acts of God). It shall be Contractor’s responsibility to report such conditions immediately to the Client’s representative.

3. Malfunctions of any nature which are deemed to be the fault of materials or workmanship still covered under original installation guarantee shall be reported immediately to the Client’s representative.

DRAINAGE FACILITIES
Contractor shall be responsible for removing weeds in all hardscape and parking areas.

These drains shall be checked to assure proper function. Contractor shall remove any debris or vegetation that might accumulate at the inlets to prevent proper flow of water.

WEED CONTROL OF PAVED SURFACES
Contractor will be responsible for removing weeds in spot checks only. Large infestations in areas needing control is extra cost in all hardscape and parking DEBRIS
Contractor shall remove all debris resulting from the maintenance operations at project and dispose off-site at Contractor’s cost. All green waste shall be taken to a green waste composting facility.
396
Natural Green Landscape, Inc. w P. (805) 824-0564 w F. (805) 804-3924 w WWW.NTLGREEN.COM 1 Natural Green Landscape
5661 Perkins Road Natural Green Landscape Oxnard, CA 93033 Landscape & Construction
July 31, 2023
Estimate: SP023R
City of Santa Paula
Parks & Recreation Department
530 W. Main St.

Santa Paula, CA 93060

Project: 2023 Janitorial Services Park Restrooms
Located at: City of Santa Paula
Site No. Location Monthly
Total per
Site
Monthly Visit

1. Teague Park $500.00 Daily

2. Las Piedras Park $500.00 Daily

3. Veternas Park $200.00 Daily

4. Sports Park @ Harvest $500.00 Daily

5. Mill Park $200.00 Daily

6. Harding Park $500.00 Daily (January-July)
3 days (August-December)

7. Railroad Plaza Park $200.00 2 days per week

8. Recreation Park $200.00
Monthly Total for all 7 parks $2,800.00
Sincerely,
Anthony Zaragoza
Natural Green Landscape Inc,
License # 1027584
The above prices, specifications and conditions are satisfactory and are herby accepted.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
07/26/2023 Newfront Insurance Services, LLC 450 Sansome Street Suite 300 San Francisco CA 94111 Stacey Meraz (415) 754-3635 [email protected] Natural Green Landscape Inc. Natural Green Restoration and Construction 2909 Sherwin Ave Ventura CA 93003 Upland Specialty Insurance Company 16988 GuideOne National Insurance Company 14167 Benchmark Insurance Company 41394 1,000,000 100,000 EXCLUDED 1,000,000 2,000,000 2,000,000 B 560002242-03 07/02/2023 07/02/2024 5,000,000 5,000,000 C Pollution(Poll)
MNGRP200049901 07/02/2023 07/02/2024 Aggregate 2,000,000 Ea Poll Condition 2,000,000 Deductible 5,000 City of Santa Paula, its directors, officials, officers, employees, agents, and volunteers are included as an additional insured as required by a written contract with respect to General Liability. Wrap-up exclusion applies. Per project general aggregate applies.

City of Santa Paula 866 E Main St Santa Paula CA 93060
A X USPCL8026823 07/02/2023 07/02/2024
398

EXHIBIT B
Natural Green Landscape, Inc.

Agreement & Amendment No. 1
399
400
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405
406
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408
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427

EXHIBIT C
Mariposa Landscape
Cost Proposal
428
Our Core Values – Safety • Teamwork • Quality • Integrity Page 32 Bid Proposal
You will find descriptive scope of work for each line item under our Methodology section (page 25) Prices are based on 1 year projection of the maintenance prevailing wage.

Landscape Maintenance
Bid Pricing (Teague Park)
Initial Service Frequency / year Monthly Annual
Common turf mowing
Equipment: Recycler mower
98,859 Square feet
43 $ 1,012.06 $ 12,144.72
Sport Turf Mowing
Equipment: Rotary Bag Mower
Picking up clippings
91,610 square feet
43 $ 1,578.84 $ 18,946.08
Irrigation Report 26 $ 338.00 $ 4,056.00
Weeding 6 $ 256.67 $ 3,080.04
Plant Care
2,000 sq ft
6 $ 47.81 $ 573.72
Routine Total $ 3,233.38 $ 38,800.56
Service Unit Unit price Total
Overseeding Turf Repair
-using Mataway Overseeder
400 lb. of Seed
Covers approx. 40 Square feet
400 lb.
$ 10.71 $ 4,284.00
Sod - Turf Repair 8,013 Sq Feet $ 3.00 $ 24,039.00
Fall Overseeding 2,300 lb. $ 6.00 $ 13,800.00
Fertilization - common turf 4 times $ 481.40 $ 1,925.60 Fertilization - sport turf 8 times $ 446.10 $ 3,568.80
Aeration (slit) - common turf 2 times $ 157.53 $ 315.06 Aeration (slit) - Sport turf 8 times $ 145.98 $ 1,167.84 Aeration Core + Sand top dress
Sport field only 1 time $ 9,732.54 $ 9,732.54
Grand Total $ 97,633.40
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 33 Bid Pricing (Las Piedras)
Initial Service Frequency / year Monthly Annual
Common turf mowing
Equipment: Recycler mower
12,691 Square feet
43 $ 129.92 $ 1,559.04
Sport Turf Mowing
Equipment: Rotary Bag Mower
Picking up clippings
94,639 square feet
43 $ 1,631.04 $ 19,572.48
Irrigation Report 26 $ 208.46 $ 2,501.52
Weeding 6 $ 158.30 $ 1,899.60
Plant Care
11,371 sq ft
6 $ 271.81 $ 3,261.72
Routine Total $ 2,399.53 $ 28,794.36
Service Unit Unit price Total
Overseeding Turf Repair
-using Mataway Overseeder
413 lb. of Seed
covers approx. 41 Square Feet
413 lb.
$ 10.71 $ 4,423.23
Sod - Turf Repair 8,277 Sq Feet $ 3.00 $ 24,831.00
Fall Overseeding 2,379 lb. $ 6.00 $ 14,274.00
Fertilization - common turf 4 times $ 61.80 $ 247.20
Fertilization - sport turf 8 times $ 460.85 $ 3,686.80
Aeration (slit) - common turf 2 times $ 171.02 $ 1,246.84 Aeration (slit) - Sport turf 8 times
Aeration Core + Sand top dress
Sport field only 1 time $ 10,054.34 $ 10,054.34
Grand Total $ 87,557.77
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 34 Bid Pricing (Harvest)
Initial Service Frequency / year Monthly Annual
Common turf mowing
Equipment: Recycler mower
389,746 Square feet
43 $ 3,990.00 $ 47,880.00
Sport Turf Mowing
Equipment: Rotary Bag Mower
Picking up clippings
271,057 square feet
43 $ 4,671.50 $ 56,058.00
Irrigation Report 26 $ 1,317.46 $ 15,809.52
Weeding 6 $ 1,000.45 $ 12,005.40
Plant Care
89,396 sq ft
4 $ 1,372.00 $ 16,464.00
Routine Total $ 12,351.41 $148,216.92
Service Unit Unit price Total
Overseeding Turf Repair
-using Mataway Overseeder
1,187 lb. of Seed
covers approx. 118 Square Feet
1,185 lb.
$ 10.71 $ 12,691.35
Sod - Turf Repair 23,709 Sq Ft $ 3.00 $ 71,127.00
Fall Overseeding 6,816 lb. $ 6.00 $ 40,896.00
Fertilization - common turf 4 times $ 1,897.91 $ 7,591.64 Fertilization - sport turf 8 times $ 1,319.94 $ 10,559.52 Aeration (slit) - common turf 2 times $ 621.04 $ 1,242.08 Aeration (slit) - Sport turf 8 times $ 431.92 $ 3,455.36 Aeration Core + Sand top dress
Sport field only 1 time $ 28,796.79 $ 28,796.79
Grand Total $324,576.66
Note:
• Routine work and Seasonal work are separated by pricing. • Periodic work is flexible in terms of frequency.
o All periodic work frequency will be per city direction. o Some periodic work such as fertilizer frequency can be reduced with the use of slowrelease fertilizer without any impact to the turf health. o Seasonal work is as-needed or can be treated as allowance. • Please check out our methodology section on page 25. All materials are listed there. 431
Our Core Values – Safety • Teamwork • Quality • Integrity Page 35 Total Summary
Monthly Annually
Routine $ 17,984.32 $ 215,811.84
Periodic $ 293,955.99
Grand Total $ 509,767.83
Additional Proposal for Restroom maintenance
Add-On Bid Pricing (Restroom)
Initial Service Freq. Restroom # Monthly Annual
Teague Park Monday - Friday 3 $ 745.04 $ 8,940.48
Las Piedras Park Monday - Friday 4 $ 993.39 $11,920.68
Veterans Park Monday - Friday 1 Traditional $ 993.39 $11,920.68 Mill Park Monday - Friday 2 $ 496.69 $ 5,960.28
Sports Park (Harvest) Monday - Friday 3 $ 745.04 $ 8,940.48 Harding Park
Monday - Friday (JAN - JLY)
Mon- Wed- Fri (AUG - DEC)
1 Traditional
$ 829.10 $ 9,949.20
Rail Road Plaza Park 2 days per week 3 $ 298.02 $ 3,576.24 Recreation Park Weekly 2 $ 99.34 $ 1,192.08
Total $5,200.01 $62,400.12
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To: Honorable Mayor and Members of the City Council
From: Lorena Alvarez, Human Resources Manager
Subject: 2023-2025 MEMORANDUM OF UNDERSTANDING WITH THE SANTA

PAULA POLICE OFFICERS ASSOCIATION (SPPOA)
Date: September 6, 2023
Agenda Item: 10.I

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

The current Memorandum of Understanding (MOU) with the Santa Paula Police Officer's Association (SPPOA) expired on June 30, 2023. In compliance with the Meyers-Milias Brown Act (MMBA), the City negotiations team commenced negotiations with the SPPOA towards a successor MOU and have been meeting and conferring in good faith regarding wages, benefits and other terms and conditions of employment. These negotiations were based upon direction provided by the City Council in closed session during the negotiations process.

The SPPOA membership has ratified the tentative agreement. This action tonight, seeks City Council approval of the terms and conditions negotiated.

ANALYSIS:

The current Memorandum of Understanding (MOU) with the SPPOA expired on June 30, 2023. The City’s negotiations team and the SPPOA representatives have reached a two-year agreement with a 9% cost-of-living adjustment (COLA) over the term of the agreement.

The attached resolution implements the tentative agreement reached with the SPPOA.

Below are key items that have been negotiated:

Term of the Agreement shall be from September 6, 2023 through June 30, 2025.

Effective the first full pay period following September 6, 2023 ratification of this Agreement by SPPOA and adoption of the Agreement by the City Council, Unit employees shall receive a five percent (5.0%) cost of living adjustment to base wages or salaries, as applicable. Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages. 433
Tuition Reimbursement Assistance increase from $2500.00 to $3000.00 per fiscal year.

Uniform Allowance increase for Public Safety Dispatchers from $300.00 to $500.00 annually.

City matching Deferred Compensation Plan contribution of up to 1% of the employee’s base salary.

STRATEGIC PLAN:

This item/action supports the City Council's goal of employee retention under the "Operational Excellence" of the two- year Strategic Plan by striving to develop and maintain a competitive compensation package for employees.

FISCAL IMPACTS:

The fiscal impacts associated with this item have been included in the current two year budget cycle.

OPTIONS:

1. Approve Resolution No. 7478, approving the Memorandum of Understanding between the City of Santa Paula and the Santa Paula Police Officer's Association for the period of September 6, 2023 through June 30, 2025.

2. Provide alternative direction to staff.

ATTACHMENTS:

Resolution No. 7478.docx
Exhibit A to Resolution No. 7478.DOCX
Redlined SPPOA MOU.pdf
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RESOLUTION NO. 7478

A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE CONTRACT YEAR 2023-2025 BETWEEN THE CITY OF SANTA PAULA AND THE

SANTA PAULA POLICE OFFICERS ASSOCIATION
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds as follows:

A. The City, acting by and through its City Council appointed negotiation team, and representatives of the Santa Paula Police, a duly recognized employee organization representing sworn and non-sworn employees, met and conferred in good faith and fully communicated and exchanged information concerning wages, hours and the terms and conditions of employment for contract years 2023-2025.

B. The appointed representatives of the parties agreed on certain matters as stated in the Memorandum of Understanding (MOU) attached as Exhibit “A” and recommend that the City Council implement the MOU.

SECTION 2: The City Council approves the Memorandum of Understanding for Contract Year 2023-2025 between the City of Santa Paula and the Santa Paula Police Officer’s Association. The City Manager is authorized to execute the MOU on the City’s behalf and any ancillary documents necessary to implement the MOU.

SECTION 3: This Resolution will become effective as identified in Exhibit A, immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 4: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED AND ADOPTED this 6th of September, 2023.
________________________________________
Andy Sobel, Mayor
ATTEST:
435
______________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
__________________________________
Monica Castillo, Interim City Attorney
__________________________________
Daniel Singer, City Manager
436

EXHIBIT A
437
8307177.1 SA560-034 2

SANTA PAULA POLICE OFFICERS

ASSOCIATION (SPPOA)
Memorandum of
Understanding (MOU) for
Contract Year –2023-2025
City of Santa Paula
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1 MEMORANDUM OF UNDERSTANDING

PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) by and between the City of Santa Paula, hereinafter designated "City," and the Santa Paula Police Officers Association, hereinafter designated as "Association," and has been jointly prepared by both parties.

The City Manager, or designee, is the representative of the City of Santa Paula in employer-employee relations as authorized by the City Council.

Both parties recognize their mutual obligation to cooperate with each other to assure maximum service of the highest quality and efficiency to the citizens of Santa Paula.

This Memorandum of Understanding is subject to all existing laws of the United States of America, State of California, and the ordinances, resolutions, and regulations of the City of Santa Paula. The City, the Association, and the employees affected thereby, unless otherwise specified herein, shall be entitled to all benefits conferred thereby and shall observe all obligations engendered thereby.

The parties have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of the employees in said Association; have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding shall be presented to the City Council as the joint recommendation of the undersigned regarding matters within the scope of representation for all employees within the Association for the term expressed herein, which commences September 6, 2023 through June 30, 2025.

UNDERSTANDING AND AGREEMENTS
The following understandings and agreements shall not become effective until ratified by the City Council:

1. RECOGNITION
This memorandum covers employees in the Association, "Non-managerial, Sworn, and Nonsworn", as represented by the Union, which has been certified as the recognized employee organization. Regular full time classifications represented are Police Sergeant, Senior Officer, Detective, Police Officer, and Public Safety Dispatcher Clerk.

1.1 Non-Discrimination
The City and the Association stipulate that the provisions of this agreement will apply equally to all employees covered herein without favor or discrimination because of race,
439
religion, color, creed, national origin, sex, sexual orientation, marital status, age, mental or physical disability, and/or any other category protected by federal or state law.

2. UNION RIGHTS

2.1 MOU Maintenance by Employees
The formally recognized employee organization may select not more than three (3) employee members of such organization to attend scheduled meetings with the Municipal Employee Relations Officer or other management officials on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the Municipal Employee Relations Officer may approve the attendance at such meetings of additional employee representatives without loss of compensation. However, employees shall not leave their work station or assignment without first securing the approval of the Chief of Police or his/her designee. Approval to leave for such meeting shall only be denied when the absence of the employee would cause a hardship on the operation of the Department.

2.2 Association Information
Association materials (such as information on dues, history of the Association, etc.) provided to the City-by the Association will be provided to eligible employees as a part of the new orientation process. The Association will be responsible for supplying materials.

2.3 Dues Deduction
Members of the Association may authorize Association payroll deduction by submitting a written authorization to payroll. Said authorization shall remain in effect unless withdrawn in writing, or unless the employee terminates employment or transfers from the Association represented unit.

3. CITY RIGHTS
To ensure the City continues to carry out its public safety functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public safety service for the citizens of Santa Paula, the City continues to reserve and retain solely and exclusively all management rights, regardless of frequency of use, including those rights and responsibilities set forth by law and those City rights set forth in the City's Personnel Rules and Regulations Ordinance and including but not limited to the following rights: To determine and modify the organization of City government and its constituent work units; Determine the nature, standards, levels, and mode of delivery of services to offer to the public; Determine whether goods or services shall be made or provided by the City, or shall be purchased or 440
3 contract for, provided that if services are contracted for, the procedure shall be that which is provided for in separate contracting out clause; Direct employees, including scheduling and assigning work, work hours, and overtime within existing agreed upon shift schedules when such change is required by workload, employee absences, or other immediate needs of the department; Establish employee performance standards and to require compliance therewith; Discharge, suspend, demote, reduce in pay, reprimand, or otherwise discipline permanent employees for cause, subject to the requirements of applicable law, and to do the same to probationary employees with or without cause; Withhold salary increases and benefits related to job performance subject to the City's Personnel Rules and Regulations; Relieve employees from duty because of lack of work or funds; Implement rules, regulations and directives consistent with the law and specific provisions of this MOU; Take all necessary action to protect the public and carry out its mission in emergencies; Relieve employees from duty when there are extraordinary circumstances which require immediate relief from duty without pay and benefits.

Decisions by the City under this Article 3 are not subject to the grievance procedure unless the decision precludes employees or representatives from conferring or raising grievances about the practical consequences that the decision has on wages, hours, or other terms and conditions of employment.

Nothing in this section shall be construed to limit the Association's rights or the City's obligation to meet and confer when required by the Meyers-Milias-Brown Act.

3.1 Contracting Out Clause
In the event the City enters into any agreement with another public employer or private entity which involves the transfer of functions now being performed by employees in the Association, or the law provides for the transfer of functions now being performed by employees in the Association to another public or private agency, the City will advise such public or private entity of the existence and terms of the Memorandum of Understanding and will immediately advise the Association of such agreement by law.

In addition, the City will consult with the employer absorbing the City function to encourage utilization of affected employees by the new employer. When a Request for Proposal or other contract solicitation documents are approved and issued, the City Manager will arrange within five (5) business days to meet with representatives of the Association to advise them of the action.

When advance knowledge of the impact of pending changes in function, organization, or operations is available which will result in the abolishment of positions, or when there is any major assignment of functions from one department to another or to another agency, the City will make an intensive effort to either reassign or transfer affected employee to other positions for which they qualify, or train affected employees for new positions in order to retain their services.
441
4 3.2 No Strike or Lockout
The City and the Association agree that the City will not lockout employees and that the Association will not engage in labor practices detrimental to providing services to the citizens of Santa Paula or detrimental to the interest of the City, nor will the Association sanction, support, condone, approve, or engage in any strike, sick-in, slowdown, work stoppage, or speed-up. The City and Association further agree that all matters of controversy within the scope of this agreement will be settled by established grievance procedures or other remedies provided by law. The Association acknowledges that violation of above may be just cause for disciplinary action, including termination.

3.3 Existing Conditions of Employment
It is understood that past practices and all such written ordinances, policies, resolutions, rules and regulations, including but not limited to, to Personnel Rules and Regulations of the City, the Employer-Employee Resolution and the Administrative Manual of the City shall remain in effect during the coverage of this Memorandum of Understanding ("MOU") subject to the amendment or deletions as otherwise provided herein.

For purposes of this MOU, "past practice" shall be defined as an unwritten policy, procedure or work rule of the City affecting wages, hours or conditions of employment, upon which the City and members of the bargaining unit have come to rely through a course of conduct and which is not inconsistent with the express terms and conditions of this MOU.

In the event that a past practice conflicts with the language of this MOU, the MOU shall control.

4. SALARY COMPENSATION
Effective the first day of the first full pay period following ratification of this Agreement by the SPPOA and adoption of the Agreement by the City Council, Unit employees shall receive a five percent (5.0%) cost of living adjustment to base wages.

Effective the first day of the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages. 442
5 4.2 Merit Increase
Merit increases will become effective on the actual anniversary date of the employee.

4.3 Probationary Period
The probationary period for represented employees shall be for a period of one year.

4.4 Base Wages
Base wages shall mean the hourly rate of pay earned by an employee within a salary range as described in the City’s Position Classification and Compensation Plan. Base wages shall be calculated by dividing an employee's bi-weekly salary by 80.

4.5 Evaluations
Performance evaluations shall be completed at least one week prior to the employee's anniversary date, but no later than sixty (60) days after this date.

Employees who do not receive their evaluation within the sixty (60) day period should contact their immediate supervisor, Department Head or the Personnel Office.

4.6 Regular Rate of Pay
An Association employee’s regular rate of pay shall be calculated according to the provisions of the FLSA. The regular rate includes base wages, bilingual pay, callback pay, standby pay, educational incentive award, shift differential, and any other payments required to be included by the FLSA.

4.7 Direct Deposit
All employees hired after January 1, 2005, shall establish a direct deposit account in order to receive their paychecks.

5. HOURS OF WORK

5.1 Regular Work Period
In accordance with the Fair Labor Standards Act, Association personnel work a fixed and recurring work cycle consisting of 28 consecutive 24-hours days. The 28-day work cycle begins on Monday, 10:00 P.M. and ends 28 days later on Monday at 443
6 9:59 P.M.

5.2 Standard Hours and Days of Work
There are three (3) alternative work schedules currently offered to employees: the 3/12 plan, the 9/80 plan, the 4/10 plan, and/or any special assignment schedule. For the term of this MOU and except for bona fide emergencies, such schedules shall not be altered without first completing the meet and confer process with the Association. When an employee works an alternative work schedule, overtime will be paid for time worked in excess of the alternative work schedule, and will not be based on an eight (8) hour work day. Affected personnel in the City will be placed on a flexible time schedule for work hours where this schedule does not affect customer service and is appropriate.

The daily schedule for Patrol Officers is a twelve (12) hour work schedule (80 regular hours expected to be worked in a 14-day cycle, or 160 regular hours in a 28-day cycle), inclusive of breaks and a one-half (1/2) hour meal break. In order to do this, during the 28-day cycle there will be 16 hours considered pay-back time which may be assigned as either training or work time.

The schedule for the School Resource Office is a 5/8 schedule during the academic school year. Except, however, that when school is not in session, the SRO shall be rotated into an alternate schedule.

Schedule for Sworn employees: This schedule is as follows: An Association member assigned to Patrol will be assigned to a 12-hour shift of either 6:00 AM to 6:00 PM or 6:00 PM to 6:00 AM., or a 4/10 schedule that is approved by the Chief of Police. The schedule will be rotated on a quarterly basis on the first Monday of the month of January, April, July and October. On alternating weeks, members working a 12-hour schedule shall work 4 days on, three days off. On those weeks where members are working 4 days on, one of those days will be scheduled for eight (8) hours, with the remaining days scheduled for twelve (12) hours. On the alternate week where the member is working 3 days, all days will be scheduled for twelve (12) hours.

The regular working day of employees (non-Patrol employees) observing a 9/80 work schedule is nine (9) hours of work, inclusive of a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour; provided, the regular working day on alternative Fridays or other days, as determined by the Chief of Police or his/her designee, shall be eight (8) hours of work, inclusive of a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

The regular working day of employees observing a 4/10 work schedule is ten (10) hours of work, inclusive of a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

5.3 Time Worked
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7 The following activities are not considered work time for the purpose of calculating overtime, except as provided for in this agreement and applicable statutes.

A. Meal breaks, except as authorized by this agreement.

B. All travel time to work and returning home in either personal or City vehicle.

C. All time in off-duty assignments (homework, study time, meal time, sleep time, etc.)
D. All off-time travel to training sites and returning home unless the training site is outside of Ventura County or greater than one (1) hour driving distance from the City.

E. All time putting on and taking off uniforms.

F. All time for personal preparation and clean-up.

G. All off-duty time spent in vehicle, equipment, and/or animal maintenance.

5.4 Shift Change
Regular shift assignment changes for individuals and emergency assignments are not subject to the provisions of meeting and conferring. The City agrees to provide reasonable prior notice whenever possible before adjusting an officer's hours. Under normal conditions, shift changes shall occur at 6:01 a.m. on the first Monday morning of the quarter.

5.5 Time Between Shifts
City agrees to schedule employees covered under this agreement in such a way as to assure a minimum of 12 hours between assigned shifts, except under emergency conditions and as required for the assigned shift.

OVERTIME
Effective January 1, 2006, overtime will be calculated based on "hours worked" which will no longer include sick leave time or leave without pay to calculate overtime.

6.1 Overtime Eligibility
Overtime is defined as all hours worked in excess of an employee’s regularly scheduled workday or work week. For sworn members, overtime shall also be defined as hours worked in excess of the following schedule(s) adopted pursuant to Section 7(k) of the Fair Labor Standards Act: hours worked in excess of eighty (80) hours in a 445
8 14-day period or one hundred sixty (160) hours in a 28-day period. For purposes of determining OT, hours worked shall include paid time off for holidays, compensatory time off, vacation leave, jury duty and bereavement leave, but not sick leave or leave without pay. Overtime will be paid at one and one-half (1 ½) times the employee's regular rate of pay.

The City may reopen negotiations at any time during the term of the MOU to address overtime compensation as defined in the Fair Labors Standards Act (FLSA). Any changes to the overtime compensation shall be mutually agreed to by both the SPPOA and the City.

The following is time worked which is considered overtime, except as otherwise specified:

A. End of Shift: Work time worked by unit personnel beyond normal assigned shifts for the completion of work assigned.

B. Public Event Detail: Work time performed by a unit employee during off-duty hours involving duty at parades and other public or civic events and private contract work authorized by Police Management.

C. Training: Work time spent by unit employees during off-duty hours attending mandatory training. However, time spent for non-classroom study and/or assignments, meals, travel time, if the training site is in Ventura County or less than one (1) hour travel time from the City, and sleep time is considered nonwork time.

D. Court Time: Work time required of a unit employee to attend court in response to a mandatory subpoena, or a hearing or trial in a civil or criminal case, at a time other than the employee's assigned work shift schedule, for the purpose of testifying as to knowledge acquired or claimed to have been acquired by such employees in the course of employment with the City.

6.2 Compensatory Time
Accrual of Compensatory Time Off (CTO): Unit employees may choose in lieu of cash payment to be compensated for overtime by the accumulation of compensatory time, which is time and one-half (1.5) earned in compensatory time for each hour worked.

Compensatory time off may be accumulated to a maximum of eighty (80) hours to be used at a later time upon the approval of the supervisor. Employees may not accrue more than eighty (80) hours at any given time. Any time in excess of eighty (80) hours shall be paid as overtime.

Requests for Use: All requests to use CTO must be made in writing to the Chief of 446
9 Police or his/her designee. The City shall have the ability to require employees to use accrued CTO on dates of the City’s choosing. Management will make an effort to comply with an employee’s request to use CTO on a particular day or days, but will not be obligated to do so if staffing needs, fiscal management of the City or Department, potential emergency or heavy work conditions, or any other conditions or management concerns make it in the City’s interest not to authorize use on the requested days or in the requested time periods. If the City must, based on the threat of undue disruption, defer an employee’s requested use of CTO for more than three (3) months (which the parties acknowledge to be a reasonable period), the requested CTO hours may be cashed out at the request of the City or the employee. The parties understand that undue disruption includes but is not limited to prolonged emergency conditions or increased need for law enforcement presence in the City, low staffing levels, and inability to find employees to substitute at reasonable cost to the City.

6.3 Recall Compensation
Regular and emergency recall work is performed by an off-duty unit employee who is ordered to duty when it is deemed necessary or advisable to properly handle an incident or incidents and/or to maintain necessary staffing levels. Recall compensation requires that the employee have left the City's work premises. Recall compensation is paid from the actual travel time up to a maximum of thirty (30) minutes of travel time each way. The minimum compensation is two (2) hours of base salary and shall be calculated to the nearest one-quarter (1/4) hour of time worked. In the event in-person response is required to either an incident in the field or to a City facility, arrival at the location in question should generally be within sixty (60) minutes of acknowledgment of the request. Should an officer not be able to make the 60-minute time frame and is still ordered in, travel time shall be paid as provided in this section

6.4 Limitation of Overtime
It is the policy of the City to keep all overtime usage to a minimum. This policy extends to all varieties of overtime usage. Prior written authorization of the Chief of Police or his/her designee must be secured and communicated to the employee prior to the employee working overtime except as specified below.

In an emergency, if it is impossible or impractical to secure advance authorization from the Chief, his designee may authorize paid overtime.

Overtime shall be compensated to the nearest half hour. This shall apply to accumulation of all overtime during a work week.

6.4.1 Assignment of Patrol Overtime
The purpose of this section is to establish procedures in assigning overtime for vacant patrol positions. This section does not apply to emergency overtime 447
10 assignments and callback.

6.4.2 Identification of Vacant Shift
Vacancies in the Patrol Bureau shifts should be identified at least one month in advance, when feasible. The Chief of Police will designate a person who will have the responsibility of determining which shifts will be vacant due to vacation, injured on duty, training or open positions in the patrol ranks.

6.4.3 Posting of the Sign-up List
Once the overtime vacancies have been identified, a sign-up sheet listing the vacant shifts will be posted in the briefing room on the bulletin board.

6.4.4 Sign-up Procedures
Unit members wishing to volunteer for overtime assignments will be allowed to sign requirements of Section 5.6 have been met) for an additional shift, separate from their regular shift schedule, of overtime per day until the signup sheet is filled. Unit members are encouraged to sign up voluntarily.

6.4.5 Officer Assignments to Vacant Overtime Shifts
Attempts will be made to fill all vacant overtime slots with voluntary signups. If this cannot be accomplished, then any and all Unit members may be assigned to the overtime shifts as needed. First choice of overtime to go to uniform personnel.

6.4.6 Outside Details Overtime
Overtime for outside details such as football games, filming, and parades shall be on a volunteer basis. If the assignments are not filled by volunteers, then any and all Unit members may be assigned as needed. First choice of overtime to go to uniform personnel.

7. ASSIGNMENT DIFFERENTIAL
All assignments to positions receiving additional compensation are temporary assignments.

Unit personnel are rotated into and out of these assignments at the discretion of the Police Chief as part of the Department's job enrichment and career development program. In conformity with this understanding, unit personnel are required to sign a statement indicating they understand the temporary nature of the assignment.

Assignments receiving additional compensation include:

A. Detective: A sworn unit member assigned as a Detective will receive an additional 448
11 five percent (5%) over his or her base wage.

The parties agree that Special Assignment Pay for the above assignments is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3)Special Assignment Pay.

B. Special Enforcement Unit (SEU): A sworn unit member assigned to the Special Enforcement Unit will receive an additional five percent (5%) over his or her base wage.

C. Field Training Officer (FTO): A sworn unit member, formally trained as a FTO, who is temporarily assigned to train newly sworn full-time department personnel and police reserves pursuing Level I certification will receive an additional five (5%) percent over his or her base wage. Designated FTO’s and Level II trainers are required to be scheduled for assignment in advance by the FTO Supervisor; appointment as a FTO or Level II trainer shall be made by the Chief of Police or his designee.

D. Motorcycle Officer/Traffic Investigator: A sworn unit member assigned as the Motorcycle Officer or Traffic Investigator will receive an additional five (5%) percent increase over his or her base wage.

E. Detective Sergeant: A Sergeant assigned to the Investigations Unit will receive an additional five (5%) percent increase over his or her base wage.

The parties agree that Special Assignment Pay for the above assignments is special compensation and shall be reported as such to CalPERS, to the extent legally 449
12 permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special Assignment Pay.

F. Communication Training Officer Pay (CTO) Pay - A non-sworn unit member temporarily assigned to train non-sworn dispatch personnel will receive an additional five (5%) percent increase over his or her base wage. Designated CTO’s are required to be approved for assignments in advance by the Dispatch Supervisor. Appointment as a CTO shall be made by the Chief of Police.

G. Canine Officer: A sworn unit member assigned as the Canine Officer will receive an additional five (5%) percent over his or her base wage. A Canine Officer will also receive additional compensation of two hundred ten dollars ($210.00) per month in recognition of the additional temporary assigned duties and responsibilities associated with the canine program including any time spent by the employee on or off duty in the care and maintenance of the animal. The monthly stipend is based on ten hours of off duty time for canine care and maintenance paid at a base rate of $14.00 per hour, paid at time and one half ($21.00 per hour).

H. Senior Officer/Sergeant: A sworn unit member temporarily assigned as a Senior Officer or a Sergeant shall be paid in accordance with the City’s personnel rules and regulations
The parties agree that Temporary Upgrade Pay is special compensation and shall be reported as such to CalPERS for "classic members", to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay. Unit personnel are only eligible for one Special Assignment pay and there can be no pyramiding of this pay.

I. On Call Detective Pay-All members of the Investigations Unit are eligible for Detective On-Call Pay. The Investigations Supervisor shall provide a schedule on at least a monthly basis. Senior Officers within the unit shall have first priority to 450
13 volunteer for on-call shifts. The unit member on-call shall be compensated an additional $20.00 dollars per day. On-call pay will be paid in the event the member is called out to a scene.

7.1 Non Sworn
An employee in the class of Public Safety Dispatcher Clerk or Dispatch Supervisor who works between the hours of 6:00 PM and 6:00 AM shall receive a shift differential of seventy-five cents ($0.75) per hour over base wage. Overtime and workers' compensation to be determined using base wage.

The parties agree that Shift Differential Pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Shift Differential Pay.

7.2 Educational Incentive
Unit personnel with either (1) an Associate’s Degree, or (2) thirty (30) college units AND Intermediate POST Certificate shall receive a salary adjustment of two (2%) percent above their base wages.

Unit personnel with either (1) a Bachelor’s Degree, or (2) thirty (30) college units AND an Advanced POST Certificate shall receive a salary adjustment of four (4%) percent above their base wages.

Unit personnel with either (1) a Master’s Degree, or (2) an Associate’s Degree (or seventy-five (75) or more college units) AND a Supervisory POST Certificate shall receive a salary adjustment of six (6%) percent above their base wages.

Employees requesting Educational Incentive Compensation are required to present the original certificate or diploma or other substantiating records to the Personnel Office for verification.

The parties agree that Educational Incentive Compensation is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR 571(a)(2) and 571.1(b)(2) Educational Pay and Peace Officer Standard Training (POST) Certificate Pay.

7.3 Promotional Process – Sworn Employees
The Chief of Police, with input from the SPPOA, will compose or cause to be composed a structured promotional testing process, that shall be codified in departmental policy, for the ranks of Senior Police Officer and Police Sergeant. 451
14 Utilizing industry standard testing methods, the testing process will assess the following factors to determine the member’s suitability for promotion into the higher rank:
(a) Knowledge of departmental policies, procedures, and programs; i.e., community oriented policing, initiative management, leadership development, etc.
(b) Ability to analyze
(c) Ability to articulate
(d) Knowledge and preparation for the position the member seeks (e) Demeanor

7.4 Tuition Reimbursement
Tuition reimbursement may be made up to three thousand per fiscal year in accordance with established City policy.

8. OTHER COMPENSATION AND BENEFITS

8.1 Uniforms and Equipment
The City will provide a uniform allowance to all sworn personnel beginning on July 1, 2005. The uniform allowance will include the cost of purchasing: three (3) pairs of pants; three (3) short-sleeved shirts; three (3) long-sleeved shirts; appropriate insignias, zippers for shirts, one (1) pair of work boots/shoes; tailoring, and laundering services. The cash allowance will be paid to each eligible member on a bi-weekly basis, the fixed dollar amount will be $75.00 bi-weekly ($1950.00/annually).

Employees on sick leave, industrial disability leave, or leave of absence for more than two continuous weeks are not entitled to the uniform allowance for the period of time away from work.

A fair and proportionate amount of the cost of replacement and/or repair of clothing and equipment (including weapons) which may be damaged, destroyed, or lost in the performance of official duty will be paid by the City when such damage or destruction is not the result of negligence on the part of the employee. The Chief of Police or his or her designee will make a complete investigation of each individual claim and submit findings and recommendations, including the recommended amount of 452
15 reimbursement, to the City Manager. The City Manager must approve all requests prior to reimbursement.

The uniform shall consist of the following, subject to Police specifications:

Item Unit Price (ea)
Shirts-3 $40.00
Pants-3 $30.00
Belt-1 $10.00
Shoes-1 $50.00
Badge Provided by Police Chief
Name Plate Provided by Police Chief
In each subsequent twelve (12) month period after the first year of hire, the City shall provide an annual reimbursable uniform program, allowing up to a maximum of five hundred dollars ($500.00) reimbursement per year per dispatcher for these replacement uniform items: shirts, pants, belt and shoes. This program will allow Dispatch unit employees to purchase replacement uniform items from City approved vendors according to the itemized price list above, or personnel may elect to order from other vendors, with reimbursement to be paid according to the itemized price list above. All requests for uniform replacement and/or reimbursement must be submitted to the Police Chief or his/her designee for signature approval and forwarded to the Finance Department for payment.

The City will provide safety vests for all sworn employees.

All necessary safety equipment will be provided by the City as required by Section 6401 of the State Labor Code, subject to any applicable legislative or judicial interpretation of that statute during the term of this agreement.

The City shall report to the California Public Employees’ Retirement System (CalPERS) the uniform allowance for each employee as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5).

Notwithstanding the previous sentence, for “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS.

8.2 P.O.S.T. Training Reimbursement
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16 Employees who attend P.O.S.T. certified training shall be reimbursed for incidentals up to the amount specified by the City's Travel Policy for such expenses.

8.3 Court Stand-By
Unit personnel placed on court standby time "on call" during their off-duty time who are required to be accessible by telephone or other methods approved by management and who are able to appear at court in a reasonable amount of time if so ordered will receive fifty dollars ($50.00) per standby shift. Standby pay will not be paid if court time compensation is made.

A designated representative of the Police Chief will determine whether an employee will be placed on standby or whether an employee will be required to appear in court and how long an individual on standby will be required to remain in that status.

Employees must check with the designated representative of the Police Department the morning of each scheduled day of court appearance or standby to ascertain whether his/her testimony is required. If the Police Department representative is advised that the employee's testimony will not be requested, the standby employee will be released from standby.

8.4 Personal Vehicle Use
The City seeks to contain mileage costs by providing City vehicles for employee use on City business when such vehicles are available. Prior to the use of a personal vehicle for City related business, the employee shall obtain pre-authorization from the Police Chief or his designee. When an employee receives proper pre-authorization to use a personal vehicle for City related business, and then uses his/her personal vehicle for City related business, the employee shall be reimbursed for actual mileage traveled at the current IRS rate. An exception to this policy is allowed for Court attendance.

8.6 Bilingual Pay Program
To recognize those employees who are able to communicate effectively with members of our community who speak primarily Spanish. The program is one of many ways our City Council encourages employees to provide the best customer service possible to our community. All eligible employees will receive $1300.00 per year ($50.00 per pay period).

The parties agree that Bilingual Pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR 571(a)(4) and 571.1(b)(3) Bilingual Pay.

8.7 Emergency Disasters
454
17 Employees will be required to mark "overtime" versus "comp time" on their time sheets when working during an emergency disaster. This change allows the City to be reimbursed through FEMA for employees work time.

9. HOLIDAYS
On January 1st of each year, unit personnel will receive a Holiday Leave Bank with eleven (11) holidays paid at straight times and one Floating Holiday Leave Bank of 10 – 12 hours paid at straight time.Holiday leave hours received will be determined by the employees work schedule and will be accrued before every holiday pay period. Holiday hours cannot be used in excess of regular hours worked, or prior to being accrued. Floating holiday hours are to be used throughout the year, may be used for any purpose that vacation, sick, and compensatory leave may be used for, as long as prior approval is gained from the Supervisor.

Any extra floating holiday hours not used by the end of the calendar year would be carried over for ninety (90) days. If the employee does not use the hours by that date, they lose the carryover hours. The Holiday Leave Bank hours do not have a cash value.

All unit personnel assigned to patrol and dispatch will be required to work on a fixed holiday unless prior approval is gained from the Supervisor. All other unit personnel not assigned to patrol or dispatch will be required to take fixed holiday’s off, unless prior approval is gained from the Chief of Police or designee. Holiday leave is intended to be used for fixed holidays, unless unit personnel is assigned to work at which point the holiday hours maybe used at a later regularly scheduled day, as approved the Chief of Police or designee. Unit personnel required to take the fixed holiday off, may not use other forms of accrued leave for the fixed holiday.

Except as otherwise provided, unit personnel within the representation unit shall have the following fixed holidays with pay:

January 1st - New Year's Day
Martin Luther King Jr. Day - Third Monday in January
Presidents Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Admissions Day - September 9th
Labor Day - First Monday of September
Veteran's Day - November 11th
Thanksgiving Day
Friday after Thanksgiving
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18 December 25th - Christmas Day
One (1) floating/personal day
If a holiday is worked, unit personnel will receive pay at a straight-time rate for all hours worked, except when the Chief of Police or designee deems the call-back necessary to manage emergency situations or when unit personnel are required to work special events sponsored by the City or where the City contracts with third parties to provide police services that are reimbursable.

Unit employees may carry-over a maximum of eighty (80) hours of holiday leave from one calendar year to another, and may cash out a maximum of eighty (80) hours of holiday leave upon separation. Eligible holiday cash out includes all hours carried over from the prior calendar year, and any unworked hours for holidays in the current calendar year.

An additional carryover of forty-eight holiday hours earned, but not used in November and December, may be carried over for ninety (90) days after the end of the calendar year. This additional carryover is separate from the eighty (80) hour maximum above and shall not be eligible for cash out.

10. VACATION

10.1 Vacation Entitlement
City previously agreed to temporarily extend the vacation cap from 280 hours to 320 hours until June 30, 2021. Unit members will be required to reduce vacation leave balances to 280 hours or less by December 31, 2021. Vacation hours in excess of 280 hours will not have cash value, may not be used in the buyback program and will not be paid out to unit members upon separation from employment. Vacation Leave accrual is prorated hourly as earned. An employee may accumulate up to a maximum of twohundred eighty (280) hours accrued Vacation Leave Any employee who has accrued the maximum amount of vacation will not accrue any more vacation until their balance is below two-hundred eighty (280) hours.

Annual accrual rates for employees with continuous years of service are as follows:

Less than five years: 96 hours
Five years, but less than ten years: 120 hours
Ten years, but less than fifteen years: 144 hours
Fifteen, but less than twenty-one years: 160 hours
Twenty-one years: 168 hours
Twenty-two years: 176 hours
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19 Twenty-three years: 184 hours
Twenty-four years: 192 hours
Twenty-five or more years: 200 hours

1. All use of Vacation Leave shall be at such time as approved by the employee's Supervisor or Department Head. Use of Vacation Leave shall be scheduled at such times as the Department Head finds most suitable after considering the wishes of the employee and the requirements of the Department. For the efficiency and effectiveness of City services, Supervisors or Department Heads may assign the use of Vacation Leave and designate when it will be taken. All requests for use of Vacation Leave must be approved by the Supervisor or Department Head in writing prior to the commencement of the requested use on a form provided by the Personnel Office. Completed forms are to be forwarded to the Personnel Office only after being utilized by the Department Head or Supervisor to verify timesheets.

2. Vacation Leave will not accrue while an employee is on Leave of Absence Without Pay. Accumulated and unused Vacation Leave may be used to supplement Sick Leave if the employee has exhausted Sick Leave accruals. Paid holidays occurring during vacation are not charged to Vacation Leave. If an employee on vacation becomes sick, Sick Leave may be substituted subject to the approval of Department Head.

3. If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.

10.2 General Provisions

10.2.1 Vacation Credit
An employee shall begin accruing vacation upon the first day of employment.

Vacation leave time shall be accrued as it is earned. Employees on leave without pay status shall not earn vacation. Vacation time shall not be taken until earned and shall be subject to all other provisions of this agreement.

10.2.2 Vacation Usage
The times during which an employee may take vacation shall be as approved by the Department Head with the approval of the City Manager, provided that if the requirements of the City service are such that part or all of an employee's vacation must be deferred beyond a calendar year, the employee may take vacation during the following calendar year. In the event that an employee requests, but is repeatedly denied, vacation, and if such denial would cause the employee to exceed the twohundred and eighty (280) hour limit, the City Manager may temporarily increase 457
20 the vacation limit until a mutually agreed upon vacation can be scheduled.

10.2.3Vacation Schedule
In the scheduling of employee vacations, Department Heads will give first consideration to employee choice. In the event of a conflict or a dispute among employees, reasonable recognition of seniority and annual rotation will be used to resolve such conflict or dispute. Authorization of use of any vacation time shall continue to be subject to organizational needs.

10.2.4 Effect of Termination on Vacation
Vacation is credited to the employee upon appointment and each pay period. Upon termination of an employee's service with the City, he/she shall be paid a lump sum for all accrued vacation hours, up to 280 hours.

10.2.5 Status Report of Accrued Vacation Leave
The City will provide regularly to each employee on his/her paycheck stub an official record of his/her accrued vacation leave. Verification of an employee's official accrued vacation leave record will be provided by the City based on a reasonable request for such verification.

10.2.6 Vacation Leave Buyback
Each December, unit employees may buyback vacation and/or comp leave with continuous years of service as follows:

Less than five years: up to 40 hours
Five years, but less than 10 years: up to 60 hours
More than 10 years: up to 80 hours
A. Employee must have taken a minimum of forty (40) hours of vacation leave during the period November 1st - October 31st prior to submitting the request.

B. Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.

C. Employee must submit request form to Human Resources Manager by October 31st, with payment to be made the first pay period of December.

Forms will be available in the City’s “O” drive and/or through the Human Resources Office.

11. SICK LEAVE
458
21 11.1
Sick or accident leave is not considered a right to which an employee may use at their discretion, but is allowed only in cases of actual sickness or disability which make it impossible for the employee to perform their normal work assignment or as otherwise allowed in this policy.

A. Sick leave beginning with the payroll period commencing September 27, 1988, has no cash value at employee termination.

B. Sick leave accrues at the following rate beginning with the payroll period commencing September 27, 1988:

1. Employees hired after October 1, 1988 are provided with a sick leave bank of forty (40) hours and immediately begin to accrue sick leave at the rate of eight (8) hours per month of service.

2. Current employees will continue to accrue sick leave at the rate of eight (8) hours per month of service.

C. In order to receive compensation while absent from duty on sick leave the employee, if physically able, must notify, or cause to be notified, their immediate supervisor or the Watch Commander at least two (2) hours prior to the beginning of the employee's regular daily duties.

D. When absent for more than three (3) work days, the employee must file a physician's certificate as to the reason(s) for their absence or a personal affidavit with the Personnel Officer stating the reason(s) for the absence. Failure to file the necessary documents within two (2) days following return to work will be cause for such absence to be charged as leave without pay. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Personnel Officer the employee has abused such privileges.

E. Employees may use their accumulated sick leave immediately after it has been earned, subject to the provisions for use of sick leave.

F. Employees may use their accumulated sick leave for absence due to only the following specified reasons:

1. Illness, injury, or health appointment of the employee.

2. Exposure of the employee to a contagious disease.

3. Illness, injury, or health appointment of the employee's spouse, children or of persons residing within the employee's household which require the presence of the employee.
459
22 4. To maintain a full paycheck while the employee is receiving worker's compensation benefits.

5. Other reasons as approved by the Personnel Officer or designee.

H. Employees who have called in sick and who are on authorized sick leave shall be at their primary residence or available for either a phone call or visit by their supervisor during their hours they were scheduled to work in case their supervisor needs information from them.

Exceptions would include visits to doctor's offices, hospital, or scheduled place of treatment.

Employees too ill to be available may be considered excepted as well.

11.2 Usage
Sick leave with pay up to the total number of accumulated sick leave hours shall be granted by the Department Head in case of bona fide illness or injury of employee.

Immediately upon return to work, the employee shall complete and submit the City's Absence and Leave Affidavit to his/her immediate supervisor. The City may determine, by reasonable means, the validity of any sick leave usage either as a condition of continuing an employee on sick leave status or as a requirement of returning to work. Additionally, if the City suspects an employee is abusing or has abused sick leave, the City may require the employee to be examined by the City's medical examiner at no cost to the employee.

11.3 Bereavement Leave
Leave with pay up to forty (40) hours per year shall be granted by the Department Head in case of the death of a mother, father, spouse, sister, brother, son, daughter, uncles, aunts, step-parents, step-children and in-laws, or grandparents. Bereavement leave or special sick leave in case of death or serious illness of other persons may be granted only upon approval of the City Manager. Bereavement shall be charged against accumulated sick leave.

11.4 Maternity Leave
Sick leave up to the limit of accumulated sick leave time shall be granted for pregnancy and normal recovery from childbirth. Additional time away from work due to maternity up to a total of six (6) months will be treated as leave without pay.

11.5 Paternity Leave
A maximum of five (5) days leave with pay shall be granted for the purpose of preparation for and care of a newly born or newly adopted child. Paternity leave shall be charged against accumulated sick leave.
460
23 11.6 Exceptions
Sick leave with pay shall not be granted for any injury attributable to an outside occupation (for which Worker's Compensation benefits are available and engagement therein has not been authorized).

11.7 Exhaustion of Sick Leave
When an employee is on sick leave status and such sick leave time due the employee has been exhausted, subsequent leave of absence shall first be charged to compensatory time accruals and then to vacation accruals. An exception shall be made if such would cause an employee to lose vacation, which could not be carried forward.

11.8 Sick Leave Pay Off
Accumulated sick leave will be credited to the employee's length of service upon retirement from the City of Santa Paula and will become a part of the calculation upon which PERS retirement benefits are established.

11.9 Doctor/Dentist Visits
Sick leave may be used for doctor or dentist visits or to obtain medical or dental care, subject to advance approval by the Department Head or designee.

12. INDUSTRIAL ACCIDENT LEAVE

12.1 Injury Leave
Whenever a sworn safety employee sustains an injury while actively engaged in law enforcement, he or she will receive compensation as provided under the State Worker's Compensation Act. Such officer will be placed upon leave of absence at full pay and will be paid by the City for so long as is required by Section 4850 and related sections of the Labor Code. During the same time the City is required to pay and actually pays, the public safety employee will not be entitled to receive any temporary disability payments under the
Worker's Compensation Act or retirement benefits under the Public Employee's Retirement System, and the City will be entitled to receive all payments which would otherwise be payable to such officer for temporary disability or upon retirement.

Medical care and payments for permanent disabilities incurred in the course of employment are prescribed by the Workers' Compensation Act. 461
24 All injuries sustained in the course of employment must be reported as soon as possible to the Police Chief, who will immediately report the same to the Personnel Officer. In the event the employee is physically incapacitated in such a manner as to prevent submission of a report, the department head shall complete and forward the required report to the Personnel Officer within twenty-four (24) hours following the injury.

Failure to report an injury within thirty-six (36) hours of the injury may result in disciplinary procedures. Sworn unit members are not entitled to utilize sick leave for any industrial injury or industrial illness. Employees on industrial leave are not entitled to additional day and/or time off for holidays which occur during the time an employee is on industrial leave.

13. SPECIAL LEAVE

13.1 Miscellaneous Leave with Pay
An employee in the competitive service shall be granted leave of absence with full pay for:

1. Jury service;

2. Subpoena of him/her as a witness in a Police or City business matter; or

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.

13.2 Family Leave
Family leave shall be as identified in the City's Personnel Rules and Regulations entitled "Medical Leave."

13.3 Leave Transfer
Unit employees will have the ability to transfer earned leave bank (vacation and/or comp) to other employees in Units participating in this program, subject to the following conditions:

1. No one can, by use of this transfer, reduce his or her accrued vacation to less than forty (40.0) hours in each bank

2. All such transfers shall be approved by the City Manager or his designee.

3. All transfers shall be anonymous to the transferee.
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25 14. BENEFITS AND INSURANCE

14.1 Cafeteria Benefit Plan
The City provides a monthly contribution to each eligible member of the unit to be used towards the Cafeteria Benefit Plan. These funds are to be used for eligible insurance plans included within the Cafeteria Plan Cafeteria Plan options include health, dental, group term life, and supplemental disability and accident insurance and deferred compensation (IRS 457).

The City currently provides a $1458.90 per month ($729.45 paid for the 1st and 2nd pay periods of each month cafeteria benefit contribution toward each full-time eligible member of the unit. The City will provide for an increase, not to exceed 4% each calendar year, for any cost increases to the least-costly HMO family medical plan and the least costly family dental plan. Effective the first full pay period commencing on or after December 2023, the City shall provide $1,641.08 per month ($820.54 paid for the 1st and 2nd pay periods of each month).

Employees hired prior to July 1, 2021, electing to opt out of medical coverage offered by the City because they have provided proof of medical coverage will receive a maximum opt out allowance of $1458.90 per month. Employees who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $1,458.90, shall be eligible to cash out the difference between $1458.90 and the cost of the premium.

Employees hired after July 1, 2021, electing to opt out of medical coverage will receive a maximum opt out allowance of $500.00 per month. Employees hired after July 1, 2021 who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $500, shall be eligible to cash out the difference between $500 and the cost of the premium.

All employees must enroll in an available City health program unless they submit to the City both proof of health coverage and a signed health insurance waiver.

Employees who fail to complete both requirements will not be allowed to utilize their Cafeteria Benefit Plan contributions for any other eligible plans.

14.2 Eligibility Date
When an employee commences work with the City, his/her health benefit distribution selection shall become effective the first of the month, following the date of employment. Deductions for benefits are made a month in advance. 463
26 14.3 Benefit Options
Employees will choose from available health insurance programs and/or health and dental plans at such times as carriers allow for open enrollment periods. Dependent coverage may be added or deleted between open enrollment periods subject to conditions imposed by the selected carriers.

14.4 Enrollment
The times at which enrollment in or withdrawal from non-mandatory group life and disability income insurance plans is authorized shall be as established by City Policy subject to requirements of the insurance carriers.

14.5 IRS Section 125 Plan
The City provides the IRS Section 125 Flexible Benefits Plan on a City-side basis to all full-time regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City.

The City reserves the right to discontinue the Flexible Spending Plan program at the conclusion of the Plan year on October 31st, if there is insufficient Citywide employee participation to break even on administrative costs. The City will pay the annual fee and the enrolled employee monthly administrative fee. Should fewer than ten employees Citywide sign-up for an FSA for the new plan year beginning November 1st, the City reserves the right to discontinue its participation in the Plan.

14.6 Life Insurance
The City provides group term life insurance coverage to $100,000 for each employee, and $5,000 for eligible dependents of each such employee.

14.7 Long Term Disability
The City provides a Long-Term Disability Insurance Program to all employees of the Police unit at City expense.

14.8 Gym Membership
City and SPPOA agree to implement a Physical Fitness and Wellness Program to be developed by a committee comprised of representative of the City and the SPPOA. City and SPPOA shall make every effort to develop this Program within a year of the adoption of the MOU.

After adoption of the Wellness Program and upon proof of annual payment of gym 464
27 membership, City shall reimburse the annual sum for the payment of membership fees for a physical fitness program available to Unit employees at qualified health clubs previously approved by the City Manager. This amount shall not exceed the actual membership fee paid or $300 per Unit employee who enrolls in that program, whichever is less. The amount shall not exceed $10,000.00 for the Unit or the actual membership fees paid, whichever is less.

15. RETIREMENT

15.1 PERS Plan
The City shall provide for employee retirement benefits through participation in the Public Employee’s Retirement System (PERS) as follows:

A. For “Safety” employees hired prior to January 1, 2013, and for safety employees hired on or after January 1, 2013 who are considered “Classic Members” of CalPERS within the meaning of the Public Employees’ Pension Reform Act of 2013 (PEPRA):

1. Classic safety members will be provided with the 3% @ 50 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

B. For “Safety” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA:

1. Safety employees who are New Members will be provided with the 2.7% @ 57 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

C. For “Miscellaneous” employees hired prior to January 1, 2013, and for miscellaneous employees hired on or after January 1, 2013 who are considered “Classic Members” of CalPERS within the meaning of the Public Employees’ Pension Reform Act of 2013 (PEPRA):
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28 1. Miscellaneous members hired prior to March 20, 2006 will be provided with the 2.5% @ 55, Tier One (1) service retirement formula;

2. Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;

3. The retirement allowance will be computed on the highest one (1) year of compensation.

D. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA:

Miscellaneous members will be provided with the 2 % @ 62 service retirement formula; The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

15.2 Contribution to PERS
All New Members (as defined by PEPRA) hired by the City on or after January 1, 2013 will pay the full employee contribution, which will be one-half the normal cost rate as determined by CalPERS.

All Classic Members (as defined by PEPRA) will pay the full member contribution, which is currently 9%. Should the member contribution change, the City and the Santa Paula Police Officer’s Association agree to a reopener on the subject of member contribution to PERS.

The parties agree that upon the City amending its contract with CalPERS and adopting an appropriate resolution regarding this cost sharing agreement, classic members (as defined by PEPRA) shall contribute three percent (3%) of their compensation towards the employer’s contribution to CalPERS pursuant to cost sharing in accordance with Government Code Section 20516(a). In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre-tax deduction. The Parties agree that should the MOU expire without a successor agreement in place, the cost sharing contribution under Government Code Section 20516(a) shall continue.

The parties agree that upon the City amending its contract with CalPERS and adopting an appropriate resolution regarding this cost sharing agreement, new members (as defined by PEPRA) shall contribute one percent (1%) of their compensation towards the employer’s contribution to CalPERS pursuant to cost sharing in accordance with Government Code Section 20516(a). In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre-tax deduction. The Parties agree that should the MOU expire without a successor agreement in place, the cost sharing contribution under Government Code Section 20516(a) shall continue.

15.3 City Matching Contribution to Deferred Compensation Plan 466
29 City will develop and implement program by January 2024 or earlier, if the City can implement this provision earlier, the City shall provide a matching contribution to an employee’s deferred compensation plan up to one percent (1%) of an employee’s base salary. For example, if an employee earns $50,000 and contributes $25 per pay period or $650 annually, the City will contribute $500 annually to the employee’s deferred compensation plan. $500 is one percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account.

16. DISPUTES
All disputes arising under this agreement shall be resolved in accordance with the City's adopted grievance procedures.
17 WORKING CONDITIONS

17.1 No Smoking Policy
In accordance with the City's No Smoking Policy, smoking and chewing tobacco is not permitted in City offices, facilities and vehicles.

17.2 Employee Medical Examination
The City will notify unit employees that are required to submit proof that they were evaluated by their doctor once every three (3) years for employees age fifty (50) and over. Employees are to use their own employee medical health plan. Any deductible cost for the physical will be reimbursed by the City.

17.3 Employer-Employee Relations Committee
The City and the Association agree to establish a City-wide Employer-Employee Relations Committee, represented by labor and management, to meet on request or on a quarterly basis to discuss departmental and City issues, problems, and general administrative matters.

17.4 General Safety Committee
The Association is authorized to have one-member representative to serve on the General Safety Committee. The Association will be responsible for providing the names of the member and one alternate to the City.

17.5 Modified Duty Policy
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30 A modified duty policy will be implemented as was approved in the1994-95 Memorandum of Understanding.

18. COMPLETION OF MEET AND CONFER
The parties acknowledge that, for the life of this agreement, each voluntarily or unqualifiedly waives the right to meet and confer and agrees that the other shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this agreement, notwithstanding any other provisions of laws to the contrary, or as provided for in this agreement.

19. SEVERABILITY
If any provisions of the MOU are held by the proper legislative or judicial authority to be unlawful, unenforceable, or unconstitutional, all other provisions of the MOU will remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal or state regulations, the provisions of the federal or state regulations shall be controlling. Upon the issuance of a decision declaring any article, section, or portion of this MOU to be unlawful, unenforceable, or unconstitutional, the parties agree to meet and confer immediately concerning only those articles, sections, and portions.

20. TERM
This agreement shall be in effect from September 6, 2023 through June 30, 2025, and thereafter shall remain in full force and effect year-by-year until a subsequent signed MOU is reached by the parties.

NOTICE OF INTENT TO REOPEN
The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, notice must be given to the other not later than the last working day prior to the ending date of the contract, that such discussions are desired.

21. FINALITY OF RECOMMENDATIONS
Upon ratification by the City Council, the recommendations set forth above are final. No changes or modifications shall be offered, urged, or otherwise presented by said Santa Paula Police Officers Association or the City Manager for the period September 6, 2023 through June 30, 2025, except as provided for in this agreement.
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33 SANTA PAULA POLICE OFFICERS CITY OF SANTA PAULA

ASSOCIATION NEGOTIATING TEAM NEGOTIATING TEAM
____________________________ _____________________________ Daniel C. McCarthy Irma Rodriguez Moisa
President Chief Negotiator
____________________________ ______________________________ Evert Ponce Lorena Alvarez
Vice President Human Resources Administrator

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To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Interim Police Chief
Subject: PURCHASE OF PROPERTY ROOM DRY AIR EVIDENCE STORAGE

EQUIPMENT
Date: September 6, 2023
Agenda Item: 10.J

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

2. Approve the purchase of the dry air evidence cabinet from Air Science.

3. Authorize the City Manager or his designee to execute the Air Science purchase agreement.

BACKGROUND:

The Police Department Property/Evidence Room has been in need of specialty storage for items of evidence for dry air preservation. This is for specific types of evidence such as blood containing bodily fluids that are on items of clothing, fabric, and other surfaces. Due to the length of criminal court cases, it is necessary to maintain these types of critical physical evidence secured in a dry air environment for extended periods of time. The types of evidence include investigations ranging from substantial felony crimes such as burglaries, robberies, assaults, and homicides.

ANALYSIS:

The cost of the dry air cabinet and necessary accessories for the Property Room exceeds $5,000. When a purchase is between $5,000 and $50,000 it "must, whenever possible, be based upon at least three bids and be awarded to the lowest responsive and responsible bidder". (Santa Paula Municipal Code (SPMC) 41.08.) Staff obtained three quotes which are attached to this report as Attachment A.

Among the quotes received is one from Air Science. In researching vendors for the purchase of the evidence storage equipment, the only company that sells the dry air cabinet with accompanying accessories is Air Science. The quote from Air Science exceeds the other quotes due to the availability of accessories. The dry air cabinet is a specialty evidence chamber in the Property Room and, therefore, needs to be equipped with the accessories to implement and sustain appropriate storage standards.
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SPMC Section 41.10 gives Council the sole authority to waive SPMC Section 41.08's informal bidding requirement “when required or desirable and in conformance with state law.” State law provides that cities must adopt purchasing regulations and that purchases must conform to the city’s purchasing regulations. See Gov. Code 54202. An example of what is “required or desirable” is when “supplies … are available from only one vendor as supported by appropriate documentation.”
Because staff is recommending the purchase award go to Air Science, and Air Science is not the lowest bidder, Council must waive this requirement based on a finding that Air Science is "required or desirable". Accordingly, staff recommends that Council waive purchasing requirements and find Air Science "required or desirable" for the following reasons:

1. Air Science is the only vendor who includes the necessary accessories:

1. Germicidal UV lamp & timer

2. Door lock & key for multi chamber models

3. Start-up kit

4. Internal lighting

2. Arrowhead Scientific and Tritech Forensics do not offer any of the needed accessories to accommodate the needs for the equipment in the Property/Evidence Room

3. The accessories cannot be purchased independently.

STRATEGIC PLAN:

This item supports City Council’s goal of creating 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 identified in Section E. Public Safety, of the two-year Strategic Plan.

FISCAL IMPACTS:

The cost of the dry air evidence cabinet is $14,054.10. All quotes for this product are included in Attachment A.

OPTIONS:

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

1. Reject all bids and direct staff to re-bid the purchase.

2. Continue the item and request staff return with more information.

ATTACHMENTS:

Attachment A - Quotes for Dry Air Evidence Cabinet.pdf
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To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: SPIRIT OF SANTA PAULA HARVARD SHELTER OPERATING

AGREEMENT
Date: September 6, 2023
Agenda Item: 10.K

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

It is recommended that City Council:

BACKGROUND:

In October 2021, the Spirit of Santa Paula ("Spirit"), operator of the Harvard Shelter, received $1.5 million in state funding made possible by possible by state Assemblymember Steve Bennett and Senator Monique Limón. The funding has been administered by the City of Santa Paula ("City") to facilitate the expansion and improvement of the Harvard Shelter. The shelter provides 49 beds and an array of services including food distribution, behavioral and health care through Ventura County Healthcare Agency and year-round emergency sheltering and outreach services. Spirit of Santa Paula has debt-free ownership of the facility thanks to a generous donation; however, continued expansion of programs and services combined with the expanded facility improvements have added additional operational costs.

In recent months Spirit has experienced funding shortfalls that have jeopardized continued operation of the facility. As a result, the City has been working with several agencies to identify a funding solution to support the operation of the Harvard Shelter for the next two years..

Between June 19 and July 13, City staff held several meetings to negotiate the terms of a cost-sharing agreement with Spirit's staff, the City of Fillmore, Ventura County, and Assembly Member Steve Bennett.

On June 21, 2023, City Council adopted its 2023-2025 two-year fiscal budget which included the allocation of $200,000 per fiscal year from ARPA funds for use toward Spirit's operations. 509
On July 7, 2023, the Housing and Homeless Standing Committee met and discussed the parameters of funding needs and operational costs for the Harvard Shelter.

On July 11, 2023, the Fillmore City Council approved a $150,000 lump-sum contribution of ARPA funds to the Spirit of Santa Paula for fiscal year 2023/24.

On July 25, 2023, the Ventura County Board of Supervisors, approved the joint agreement ("Cost-Sharing Agreement") (Attachment B) contingent on the Santa Paula City Council approval of a Santa Paula- Spirit of Santa Paula operating agreement ("Operating Agreement") (Attachment A). The funding made available through the Cost-Sharing Agreement by all parties is based on one-time sources and will support shelter operations for fiscal years 23/24 and 24/25.

Staff is requesting Council approval of an operating agreement, substantially in the form attached to this report as Attachment A.

ANALYSIS:

The 2023 Ventura Point-in-Time Homeless count revealed there are 126 homeless individuals in Fillmore and Santa Paula. The Harvard Shelter is the only year-round homeless shelter located within the Santa Clara Valley and it has 49 beds which are filled on a continual basis.

The Cost-Sharing Agreement between County of Ventura, the City of Fillmore and the City of Santa Paula has been developed in accordance with existing agreements developed between Ventura County and other County cities with shelters in their jurisdictions. One goal in developing the proposed Agreement among Fillmore, Santa Paula and Ventura County has been to ensure there is uniformity between this agreement and the agreements Ventura County has with Oxnard, Thousand Oaks, and Ventura on the funding support for their homeless shelters. However, the Spirit of Santa Paula and the Harvard Shelter are uniquely structured and financed as they are the only shelter in the county that is owned and operated by a non-profit. In addition, with other agreements between the County and cities, the city is the operator or owner of the shelter, or both; or the County is leasing the facility to the city.

The proposed Operating Agreement is a requirement to trigger the City's, City of Fillmore's, and Ventura County's (the "Parties") funding obligations toward ongoing operations of the Harvard Shelter for two fiscal years, starting July 1, 2023 and ending June 30, 2025. The purpose of the Operating Agreement is to provide accountability and metrics that include best efforts to achieve specified goals. For instance, Spirit will be encouraged to connect shelter occupants to needed resources (income, counseling, substance abuse, etc.) by:

Developing personalized housing plan;
Supporting Shelter occupants in managing their own lives within the scope of their resources and abilities;
Providing housing location and counseling services;
Establishing relationships with private and public property owners and rental agencies; Assisting to provide permanent housing opportunities to Shelter occupants; and Assisting with housing applications
Spirit will also be expected to use its best efforts to provide case management services that include the development of an individualized service plan based on needs, circumstances, 510
and market conditions, focused on helping individuals find and keep stable housing and linkages to other community-based support services.

STRATEGIC PLAN:

E. Public Safety & Emergency Preparedness
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.

By supporting services, facilities and programs that impact the most vulnerable in the community we can enhance the safety and quality of life for all residents.

FISCAL IMPACTS:

The Operating Agreement is required to activate the Parties' funding obligations in the Cost Sharing Agreement. The fiscal impact related to the Cost-Sharing Agreement will be two annual contributions of $288,000 for the fiscal years 2023/23 and 2024/25. $200,000 has been allocated each year from the General Fund budget. In order to secure the additional $88,000, staff has been collaborating with the Ventura County Community Foundation (VCCF) who has commitments from donors willing to support the Spirit of Santa Paula through the City. If funds can be directed to the City, the total amount of $288,000 can be achieved which will ensure a county match that will provide an annual operating budget of $876,000 in 2023/24 and $864,0000 in 2024/25.

If the VCCF funds can only be provided directly to Spirit, it will reduce the overall commitment in the MOA by $176,000 which will require an increase of funds from VCCF or the need for Spirit to raise additional grants and donations to meet their operational costs.

In addition, if Spirit receives funding in excess of $200,000 in a fiscal year for use in the operation and maintenance of the shelter, 75% of the amount in excess of $200,000 will be applied to the Shelter’s expenses off the top and Fillmore, Santa Paula and the County’s respective financial contributions will be proportionally reduced for the amount raised above $200,000.

OPTIONS:

1. Direct the City Manger not to enter into the proposed Operating Agreement with the Spirit of Santa Paula and jeopardize the operational viability of the Harvard Shelter. Doing may also violate the Cost-Sharing Agreement if the City Council declines to enter any Operating Agreement.

2. Direct the City Manager to enter into the proposed Operating Agreement with the Spirit of Santa Paula but with modifications from City Council.

ATTACHMENTS:

ATTACHMENT A Santa Paula - Operating Agreement with Spirit of Santa Paula 511
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-1- OPERATING AGREEMENT

ATTACHMENT A

OPERATING AGREEMENT
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CITY OF SANTA PAULA

OPERATING AGREEMENT

WITH SPIRIT OF SANTA PAULA

FOR OPERATION OF HARVARD SHELTER

1. PARTIES AND DATE.

This City of Santa Paula Operating Agreement with Spirit of Santa Paula for Operation of Harvard Shelter (“Agreement”) is made and entered into this _____ day of August, 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 Spirit of Santa Paula, a California nonprofit corporation, with its principal place of business at 1498 E. Harvard Blvd., Santa Paula, California 93060 (“Shelter Operator”). City and Shelter Operator are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Community Need.

City recognizes the pressing need to address homelessness within its jurisdiction. City aims to provide safe and appropriate shelter for individuals experiencing homelessness, in order to enhance their well-being, promote their access to support services, and assist in securing permanent housing.

2.2 Shelter Operator.

Shelter Operator has demonstrated ample experience and expertise in providing shelter and supportive services to homeless individuals, and that it is familiar with the homeless services in the County of Ventura.

2.3 Shelter.

City desires to engage Shelter Operator to manage and operate a permanent, year-round homeless shelter at Harvard Shelter, located at 1498 Harvard Blvd, Santa Paula, CA 93060 (“Shelter”).

2.4 Financial Support Agreement.

City of Santa Paula, City of Fillmore (“Fillmore”), and County of Ventura (“County”) have entered into an Agreement to Provide Financial Support for the Operation of a Permanent, YearRound Shelter Serving Homeless Individuals in Santa Clara Valley Communities Including the City of Santa Paula, City of Fillmore, and Unincorporated Area of Piru (“Funding Agreement”) to provide funding for the Shelter. City is entering this Agreement with Shelter Operator pursuant to the terms of the Funding Agreement. City, City of Fillmore, and County of Ventura will be collectively referenced as “Funding Parties.” The Funding Agreement is attached hereto and incorporated herein as Exhibit “A”
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3. TERMS.

3.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Shelter Operator shall provide services to City as described in the Scope of Services attached to this Agreement as Exhibit “B” and incorporated herein by reference (“Services”). 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.

3.2 Term.

3.2.1 Initial Term. The initial term of this Agreement shall begin on July 1, 2023 and expire on June 30, 2025 (“Initial Term”). The Parties have no obligation to extend the Agreement beyond the Initial Term and any renewal or modification is contingent on the extension of the Funding Agreement by the governing bodies of the Funding Parties as set forth in Section

3.5.4 below.

3.2.2 Extended Term; Termination. If the Parties extend the Agreement beyond the Initial Term (“Extended Term”), either Party may terminate this Agreement for convenience during the Extended Term by providing written notice to the other Party at least ninety (90) days in advance. Either Party may terminate this Agreement in the event of a material breach by the other. In this instance, the non-breaching party shall provide written notice specifying the breach and allowing the other party a reasonable opportunity to cure the breach within thirty (30) calendar days. If the breach remains uncured within the specified cure period, the non-breaching party may terminate this Agreement. If the breach is Shelter Operator’s failure to comply with the insurance requirements in Section 3.7.5 of this Agreement, Shelter Operator must cure the breach within ten (10) days after receipt of written notice from City.

3.2.3 Suspension for Funding Commitment Delays. In the event that the Funding Parties do not comply with their funding commitments to the Shelter Operator in accordance with the Funding Agreement during the Initial Term, this Agreement may be suspended upon written notice from City. The City will use its best efforts to work with other Funding Parties, and any applicable sources, to fulfill its payment obligations to Shelter Operator in an expeditious manner.

No suspension in payment to Shelter Operator shall exceed 21 days, and any delayed payment will be paid in full by the 21st day.

If the reason for a delayed payment is due to Shelter Operator’s failure to comply with the insurance requirements in Section 3.7.5 of this Agreement, the City may suspend payment obligations until Shelter Operator has cured said breach. Shelter Operator is required to cure the breach within ten (10) days after receipt of written notice from City and any suspended payment will be paid in full promptly after Shelter Operator submits evidence to City the breach was cured.

3.3 Compensation.

3.3.1 Base Operating Expense. The Parties agree that the monthly Base Operating Expense for the Shelter for the Initial Term shall be as follows: $73,000 for year one of the Agreement and $72,000 for year two. Pursuant to the Funding Agreement, City will receive payments from the other Funding Parties on or after the thirtieth (30th) day following execution of this Agreement. The Base Operating Expense shall not be increased without the written approval 514
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of City. Should actual monthly Shelter costs be less than $73,000 for year one or $72,000 for year two, City shall pay the reduced amount; payment is contingent on City’s receipt of payments from Funding Parties.

3.3.2 Fiscal Year 2023-2024 Payments. No later than thirty-five (35) days after this Agreement is entered, and provided that City has received $109,500 from County pursuant to Section 1.d.ii of the Funding Agreement, and provided that the City of Fillmore has paid the Shelter Operator $150,000 pursuant to Section 1.c. of the Funding Agreement, City shall make its first payment to Shelter Operator in an amount equal to $60,500 per month, retroactive to July 1, 2023 and prorated. Thereafter, for the remainder of fiscal year 2023-2024, City will pay $60,500 to the Shelter Operator on the 1st of each month.

3.3.3 Fiscal Year 2024-2025 Payments. Provided City has received payments from the City of Fillmore and County for fiscal year 2024-2025 in accordance with Sections 1.c. and 1.d.iii of the Funding Agreement, respectively, City will pay $72,000 to Shelter Operator on the 1st of each month of said fiscal year.

3.3.4 Operation Beyond FY 2024-2025. With the exception of the two-year Initial Term and to the extent that the Parties agree to extend this Agreement, each of Shelter Operator’s subsequent years of operation will run from July 1 through June 30. By or before April 1, 2025, staff of the Funding Parties will meet and jointly determine the budget to fund the base monthly expense for operation of the Shelter for the upcoming fiscal year (or other period) and the portion of the budget to be paid by each of the Funding Parties. Staff of each Funding Party will then recommend to its respective governing body that the governing body approve the budget and apportionment of the budget among the Funding Parties as prepared by staff. If the governing body of a Funding Party does not approve both the budget and the apportionment by June 30, 2025, or by June 30 of any applicable fiscal year thereafter, then this Agreement shall automatically terminate and City will not have any further obligations under this Agreement. The projected operating budget for the operation of the shelter through June 30, 2024 (“FY 2023-2024 Budget”) is set forth in Exhibit “C” of this Agreement. The FY 2023-2024 Budget is for information purposes only. Payments contemplated by this Agreement for any period after June 30, 2025, are contingent on extension of the Funding Agreement by the Funding Parties and approval by the governing body of each Funding Party of a budget for the upcoming year of operation and apportionment of the budget among the Funding Parties.

3.3.5 Additional Revenue. All Compensation provisions in this Section 3.5 are subject to the following:

3.3.5.1 If Shelter Operator receives grants in excess of $200,000 in a fiscal year for use in the operation and maintenance of the Shelter, 75% of the amount in excess of $200,000 shall be applied to the Shelter’s expenses off the top. Based on the amount of expenses paid for by the grant, City will submit a corresponding reduced monthly Base Operating Expense payment to Shelter Operator for the fiscal year awarded.

3.3.5.2 If any of the Funding Parties receive grants, for use in the operation and maintenance of the Shelter, such funds shall be applied to the Shelter’s expenses off the top and Funding Parties’ respective financial contributions proportionally reduced. This provision shall be implemented so that Funding Parties benefit in proportion to their respective financial contributions. Any proportional reduction in each Funding Party’s financial contribution will be made regardless of whether that additional revenue was individually or jointly pursued or 515
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awarded. Based on the Funding Parties’ reduced contributions, City will submit a corresponding reduced monthly Base Operating Expense payment to Shelter Operator for the fiscal year awarded.

3.3.5.3 Private donations directly given to Shelter Operator, or a Funding Party or any non-profit for the operation of the Shelter shall be deemed to be under the control of the recipient, which shall have sole discretion over its use. Such donations will have no effect on City’s compensation obligations in this Agreement.

3.4 County Reserve.

3.4.1 In recognition of the $1.5 million capital investment supplied by the City, County will reserve the sum of $750,000, representing 50% of the $1.5 million capital investment, to be held by the County as a reserve fund for the Shelter (“Reserve”). Such reserve fund shall be used exclusively for the sustainable operation and maintenance of the Shelter for emergency repairs and other essential items to include major facility repairs involving roofing, environmental controls, plumbing, appliances or essential furniture and equipment. (“Qualifying Items”). Not later than thirty (30) days after a written draw from City, County will disburse monies from the Reserve. County will disburse requested funds when it is shown there is insufficient revenue to pay unforeseen costs, including without limitation damage or repairs, that, if not paid within a specified time, would prevent the operation of the Shelter in accordance with the objectives in this Agreement.

3.4.2 Shelter Operator agrees to promptly notify City of Qualifying Items in need of Reserve funds. When notifying City, Shelter Operator must make a request in writing for funds and include supporting documentation with: an estimate of costs; evidence of an inability to pay with existing revenue (e.g. financial statements); and an explanation of how, if not paid in a specified time, the Shelter would not be able to operate according to the objectives in this Agreement.

3.5 Responsibilities of Shelter Operator.

3.5.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Shelter Operator or under its supervision. Shelter Operator will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Shelter Operator on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Shelter Operator shall not be employees of City and shall at all times be under Shelter Operator’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Shelter Operator or any of Shelter Operator’s officers, employees or agents, except as set forth in this Agreement. Shelter Operator 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. Shelter Operator 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.

3.5.2 Standard of Care; Performance of Employees. Shelter Operator 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 516
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State of California. Shelter Operator represents and maintains that it is skilled in the professional calling necessary to perform the Services. Shelter Operator warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Shelter Operator warrants that it, its employees and subcontractors 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.

Shelter Operator 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 Shelter Operator’s failure to comply with the standard of care provided for herein. Any employee of the Shelter Operator or its subcontractors who is determined by the City to be uncooperative, incompetent, 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 by the Shelter Operator and shall not be re-employed to perform any of the Services.

Santa Paula City CouncilSeptember 6, 2023

Santa Paula City Council
September 6, 2023