Agenda packet, regular meeting — Santa Paula City Council, October 4, 2023 (part 1 of 2)

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, OCTOBER 4, 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. 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.

6. PRESENTATIONS

6.A POLICE STATION REMODEL AND SECURITY FENCE UPDATE

6.B POLICE DEPARTMENT QUARTERLY REPORT
RECOMMENDATION:
(1) Receive and file Police Department Quarterly Report, covering the period May 1,
2023, through July 31, 2023.

7. CITY COUNCIL REPORTS

8. CITY MANAGER REPORTS

9. CONSENT CALENDAR
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 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.

9.A APPROVAL OF MINUTES
City Council Special Minutes for July 19, 2023
City Council Special Minutes for August 2, 2023
City Council Regular Minutes for August 2, 2023
City Council Special Minutes for August 9, 2023
City Council Special Minutes for August 16, 2023
City Council Regular Minutes for August 16, 2023

9.B 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) Phoenix Civil Engineering; (2) Psomas; (3) TJKM Transportation; (4) Filippin Engineering; (5) General Technologies and Solutions; (6) Minagar & Associates; and (7) m6 Consulting, Inc.

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.

9.C APPROVAL OF THE MEMORANDUM OF UNDERSTANDING WITH THE

COMMUNITY SERVICES OFFICER (CSO) ASSOCIATION
RECOMMENDATION:

Approve Resolution No. 7482, approving the Memorandum of Understanding between the City of Santa Paula and the Community Services Officer (CSO) Association for the period of October 4, 2023 through June 30, 2025

9.D STREET DIVISION VEHICLE PURCHASE
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to purchase one (1) new service truck for the Public Works Department, Streets Division, at the estimated price of $123,926.69, inclusive of a 15% contingency.

9.E SANTA PAULA WATER RECYCLING FACILITY AND WASTE

COLLECTION SYSTEM ON-CALL AND EMERGENCY SCADA

MAINTENANCE SERVICES AGREEMENT
RECOMMENDATION:

City of Santa Paula - City Council - City Council Regular Meeting 4 Staff recommends that the City Council:

1. Authorize the City Manager to execute a three- year contract (July 1, 2023 to June 30, 2026) with Northern Digital, Inc. (NDI) to provide OnCall and Emergency SCADA Maintenance Services for the Santa Paula Water Recycling Facility and Waste Collection System in a form approved by the City Attorney not to exceed $50,000 per fiscal year.

9.F SECOND READING AND ADOPTION OF ORDINANCE NO. 1331

AMENDING THE DEVELOPMENT CODE TO DEFINE AND REGULATE

SMALL-SCALE ALCOHOL PRODUCTION FACILITIES
RECOMMENDATION:

Staff recommends that the City Council:

Conduct the second reading of and adopt 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."

9.G SECOND READING AND ADOPTION OF ORDINANCE NO. 1330
UPDATING CHAPTER 151 FLOOD DAMAGE PREVENTION OF THE

SANTA PAULA MUNICIPAL CODE
RECOMMENDATION:

Staff recommends that the City Council:

1. Conduct the second reading of and adopt Ordinance No. 1330, updating and amending Chapter 151 Flood Damage Prevention of the Santa Paula Municipal Code.

9.H REQUEST AND AUTHORIZATION FOR PERSONNEL TO ATTEND THE 2024 CHANDLER, ARIZONA LAW ENFORCEMENT EXPLORER

TACTICAL COMPETITION
RECOMMENDATION:

Staff recommends City Council:

1. Authorize Santa Paula Police Department personnel, acting as chaperones to 14 Explorers, to travel to and attend the 2024 Law Enforcement Explorer Tactical Competition in Chandler, Arizona.

9.I AUTHORIZATION OF OUT OF STATE TRAVEL
RECOMMENDATION:

Council is asked to authorize travel to conferences out of state for both the Interim Chief of Police and the City Manager, per the adopted Travel Policy.

10. ACTION ITEMS

10.A CITY STREET NAMES RECOMMENDATIONS
RECOMMENDATION:

1. Discuss and provide feedback to staff regarding the amended list of City of Santa Paula - City Council - City Council Regular Meeting 5 suggested street names attached to Resolution No. 7483.

2. Adopt Resolution No. 7483 with any modifications to the amended list of suggested street names.

Presented by: James Mason, Community & Economic Development Director

10.B UPDATED MANUAL OF PROCEDURAL GUIDELINES FOR THE

CONDUCT OF CITY COUNCIL AND CONSTITUENT BODY/COMMISSION

MEETINGS FOR THE CITY OF SANTA PAULA
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution No. 7484 approving the "Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Santa Paula”
Presented by: Monica Castillo, Interim City Attorney

11. ITEMS FOR FUTURE AGENDAS

11.A FUTURE AGENDA ITEMS

12. CLOSED SESSION

12.A PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957. Title: Interim City Attorney

13. CLOSED SESSION REPORT

14. 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 6 To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Interim Police Chief
Subject: POLICE DEPARTMENT QUARTERLY REPORT
Date: October 4, 2023
Agenda Item: 6.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:
(1) Receive and file Police Department Quarterly Report, covering the period May 1, 2023, through July 31, 2023.

BACKGROUND:

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

ANALYSIS:

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

1. Crime Statistics

2. Training

3. Department Project Upgrades Status

4. Staffing/Recruitments

5. Accomplishments

1. Officer of the Year Mario Escalante

6. Engagement

7. Police Centennial Open House and Dedication

8. Emergency Preparedness
STRATEGIC PLAN:

The quarterly report provides a metric for Strategic Plan Goal E., Objective #3. E. Public Safety
Goal:

Create an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating. 7 Objective 3:

Work towards the execution and implementation of the Police Department Strategic Plan FISCAL IMPACTS:

None
OPTIONS:

ATTACHMENTS:
8 CITY OF SANTA PAULA
City Council Special Meeting
July 19, 2023, 12:30 PM

MINUTES

SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Vice Mayor Cornejo called the meeting to order at 12:30 p.m. 2) ROLL CALL
Members Present: Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, and Pedro A Chavez
Members Absent: Andy Sobel
3) PUBLIC COMMENT
Councilmember Cornejo provided information on the Ventura County Fairground Fair Poster.
4) CONSENT CALENDAR

4.A) REJECT ALL BIDS FOR THE MAIN STREET CROSSWALK

IMPROVEMENTS PROJECT AND AUTHORIZE STAFF TO REBID THE

PROJECT

4.B) DISASTER RECOVERY AND EMERGENCY FUNDING APPROVAL

4.C) RESOLUTION ADOPTING SOCIAL MEDIA TERMS OF USE POLICY Motion: Approve Consent Calendar items 4.A, 4.B, and table item 4.C to bring back with further information.

Moved by Carlos Juarez, seconded by Carlos Juarez
Vote: Motion carried 4-0
Yes: Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez 5) ACTION ITEMS
9 5.A) JOINT SANTA PAULA, FILLMORE, VENTURA COUNTY TWO-YEAR

AGREEMENT FOR OPERATIONAL FUNDING OF THE SPIRIT OF

SANTA PAULA HARVARD SHELTER
Public Comments:

Kay Wilson-Bolton was called to speak in support of funding for Spirit of Santa Paula Harvard Shelter.

Manuel Minjares was called to speak in support of funding for Spirit of Santa Paula Harvard Shelter.

Steve Bennett was called to speak in support of funding for Spirit of Santa Paula Harvard Shelter.

Judy Rice was called to speak with questions on the funding.

Jim Tovias was called to speak with questions on the funding.

Motion: Approve Authorize the City Manager to sign an agreement, in substantially the form submitted, with the County of Ventura and the City of Fillmore to share in the cost of the operations of the Spirit of Santa Paula Harvard Shelter at 1498 East Harvard Boulevard; and Authorize the City Manager to make non-monetary edits to the Councilapproved form of the agreement to be consistent with the form of the agreement the County Board of Supervisors approves, provided such edits do not create undue hardship for the City of Santa Paula.

Moved by Pedro A Chavez, seconded by Jenny Crosswhite
Vote: Motion carried 4-0
Yes: Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez 6) CLOSED SESSION

6.A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE § 54956.8
PROPERTY: 1435 EAST HARVARD (0.55 ACRES)
VENTURA COUNTY APN: 101026014
AGENCY NEGOTIATION: JAMES MASON, COMMUNITY AND

ECONOMIC DEVELOPMENT DIRECTOR
NEGOTIATING PARTIES: CITY OF SANTA PAULA AND BUCK DREW
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
Council recessed to closed session.
7) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported there was no reportable action taken.
8) ADJOURNMENT
Vice Mayor Cornejo adjourned the meeting at 2:15 p.m.
10 Julie Latshaw, City Clerk
ATTEST:
11 CITY OF SANTA PAULA
City Council Special Meeting
August 2, 2023, 5:00 PM

MINUTES

SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Sobel called the meeting to order at 5:00 p.m.
2) ROLL CALL
Members Present: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, and Pedro A Chavez
3) PUBLIC COMMENT
None.
4) CLOSED SESSION

4.A) CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE §54957.6 - City Representatives: Chief Labor Negotiator Irma Rodriguez Moisa, City Manager Dan Singer, Finance Director Christy Ramirez, and Human Resources Manager Lorena Alvarez; Employee Organizations: Community Services Officer Association; Santa Paula Police Officers Association (SPPOA)

4.B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Garces v. Rivera, City of Santa Paula, et al., U.S. District Court for the Central District of California, Case No. 2:21-cv-06730

4.C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): 1 potential case based on letter from attorney David A.

Battaglia, Gibson, Dunn & Crutcher LLP, alleging illegal acts relating to encroachment permit requirements
Council recessed to closed session at 5:01 p.m.
5) CLOSED SESSION REPORT
12 Interim City Attorney reported there was no reportable action taken. 6) ADJOURNMENT
Mayor Sobel adjourned the meeting at 6:20 p.m.

Julie Latshaw, City Clerk
ATTEST:
13 CITY OF SANTA PAULA
City Council Regular Meeting
August 2, 2023, 6:30 PM

MINUTES

REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Sobel called the meeting to order at 6:30 p.m.
2) INVOCATION
Chaplain Kay Wilson-Bolton provided the Invocation.
3) FLAG SALUTE
Councilmember Juarez led the flag salute.
4) ROLL CALL
Members Present: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, and Pedro A Chavez
5) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported no reportable action was taken on the following:

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE §54957.6 - City Representatives: Chief Labor Negotiator Irma Rodriguez Moisa, City Manager Dan Singer, Finance Director Christy Ramirez, and Human Resources Manager Lorena Alvarez; Employee Organizations: Community Services Officer Association; Santa Paula Police Officers Association (SPPOA);

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Garces v. Rivera, City of Santa Paula, et al., U.S. District Court for the Central District of California, Case No. 2:21-cv06730; and

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code §54956.9(d)(2):
1 potential case based on letter from attorney David A. Battaglia, Gibson, Dunn & Crutcher LLP, alleging illegal acts relating to encroachment permit requirements.
14 6) PUBLIC COMMENT
None.
7) PRESENTATIONS

7.A) CITY MANAGER’S DEPARTMENT REPORT - JANUARY - JUNE 2023 City Manager Dan Singer provided the City Manager's Department Report.

Mr. Singer introduced new Executive Assistant Kristina Ochoa. 8) CITY COUNCIL REPORTS
Councilmember Chavez:

Invited all to the upcoming Cruise Night.

Vice Mayor Cornejo:

Attended the ribbon cutting for Cocina 1912; and reminded of the Ventura County Fair starting.

Councilmember Crosswhite:

Attended Southern California Association of Governments; Legislative Committee; Green Pick Advisory Committee; Clean Power Alliance; Ventura County Transportation Commission; Ventura Council of Governments; and announced sphere of influence will go before Local Agency Formation Commission (LAFCO) in September.

Councilmember Juarez:

Attended ribbon cutting at the Community Action of Ventura County Poder Popular; Ventura Regional Sanitation District; tour of Toland Landfill; Senior Advisory meeting; Homeless and Housing; Swear in of new Commander Starna; Blue Ribbon; Boys & Girls Stem Program; Oil Building Workshop; Business Roundtable; ribbon cutting for Cocina 1912; Citizen Corp; and announced charging stations being installed in Vons parking lot.

Mayor Sobel:

Attended the Oil Building Workshop; Business Roundtable; ribbon cutting for Cocina 1912 and Pizza Man Dan; played at new pickleball court; Communication ad hoc; appreciated our latest Fellows, Miguel Perez and Lyzette Cornejo.
9) CITY MANAGER REPORTS
City Manager Dan Singer invited Interim Police Chief Aguilar to introduce the new Police Commander Eric Starna.

Commander Starna expressed his honor to be with the City of Santa Paula Police Department.
10) CONSENT CALENDAR

10.A) APPROVAL OF MINUTES
City Council Special Minutes for June 7, 2023
15 City Council Regular Minutes for June 7, 2023
City Council Special Minutes for June 8, 2023
City Council Special Minutes for June 14, 2023
City Council Special Minutes for June 21, 2023
City Council Regular Minutes for June 21, 2023
Councilmember Crosswhite requested clerical corrections.

10.B) SECOND READING AND ADOPTION OF ORDINANCE NO. 1328 AMENDING CHAPTER 16.44 OF THE SANTA PAULA MUNICIPAL

CODE TO RESTRICT THE USE OF BARBED WIRE AND RAZOR

EDGED WIRE FENCES

10.C) SALARY ADJUSTMENTS FOR CHIEF TECHNOLOGY OFFICER AND

HUMAN RESOURCES ADMINISTRATOR

10.D) MANAGEMENT ANALYST JOB DESCRIPTION AMENDMENT
Councilmember Crosswhite asks to clarify and modify the language on the job description requirements of Bachelor's / Master's degree.

10.E) POLICE DEPARTMENT PURCHASE OF K9 AND ANIMAL CONTROL

VEHICLES
This item was pulled for separate discussion and vote.

Interim Police Chief Aguilar provided information on the purchase prices for K9 and Animal Control Vehicles.

Motion: Approve as amended increased costs, and for Finance Staff to work with City Manager and Police Chief on the increased costs of fleet budget for two police K9 vehicles and one Animal Control vehicle; and waive informal bidding requirements for the vehicle purchases pursuant to SPMC section 41.10 on the grounds that the purchases are "required and desirable".

Moved by Jenny Crosswhite, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez
Mayor Sobel requested item 10.E pulled for separate discussion and vote.

Motion: Approve Consent Calendar items 10.A through 10.D.

Moved by Jenny Crosswhite, seconded by Leslie Cornejo
Vote: Motion carried 5-0
Yes: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez
11) ACTION ITEMS

11.A) 2023 LABOR DAY PARADE SPONSORSHIP REQUEST
16 This item was presented by Jonathan Royas, Management Analyst.

Ron Merson, Chair of the Santa Paula Labor Day Parade provided information on the costs of the parade.

Motion: Approve request to sponsor up to 50% of the costs for City services for the 2023 Santa Paula Labor Day Parade.

Moved by Jenny Crosswhite, seconded by Pedro A Chavez
Vote: Motion carried 5-0
Yes: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez

11.B) CITY COUNCIL MEETING START TIME ANALYSIS
This item was presented by Jonathan Royas, Management Analyst.

Council provided staff with direction to move forward with research through the Communications Committee; and extend the time to evaluate and gather more data on an earlier start time.

11.C) TRAFFIC CONTROL PLAN REGULATIONS FOR ENCROACHMENT

PERMITS
This item was presented by Clete Saunier, Public Works Director.

Motion: Approve Support the traffic control plan regulations proposed by the Public Works Director to be issued pursuant to Ordinance No. 1322.

Moved by Leslie Cornejo, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez
12) ITEMS FOR FUTURE AGENDAS

12.A) FUTURE AGENDA ITEMS
City Manager Dan Singer:

Explained some of the items on schedule as future agenda items; and announced Council will be dark September 20, 2023, as a majority of the Councilmembers will attend the Annual League of California Cities Conference.
13) ADJOURNMENT
Mayor Sobel adjourned the meeting at 8:25 p.m. in honor of Rev. Lupita Alonso-Redondo.

Julie Latshaw, City Clerk
ATTEST:
17 18

CITY OF SANTA PAULA
City Council Special Meeting
August 9, 2023, 4:00 PM

MINUTES

SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Sobel called the meeting to order at 4:00 p.m.
2) ROLL CALL
Members Present: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, and Pedro A Chavez
3) PUBLIC COMMENT
None.
4) STUDY SESSION

4.A) COUNCIL MANUAL OF PROCEDUAL GUIDELINES
Council discussed the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings, providing staff with direction to bring back on a future agenda for further discussion.
5) ADJOURNMENT
Mayor Sobel adjourned the meeting at 6:20 p.m.

Julie Latshaw, City Clerk
ATTEST:
19 CITY OF SANTA PAULA
City Council Special Meeting
August 16, 2023, 6:00 PM

MINUTES

SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Sobel called the meeting to order at 6:00 pm.
2) ROLL CALL
Members Present: Andy Sobel, Jenny Crosswhite, Carlos Juarez, and Pedro A Chavez
Members Absent: Leslie Cornejo
3) PUBLIC COMMENT
None.
4) CLOSED SESSION

4.A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code section 54957.

Title: Interim City Attorney
Council recessed to closed session at 6:01 pm.
5) CLOSED SESSION REPORT
City Manager Dan Singer reported out there was no reportable action taken. 6) ADJOURNMENT
Mayor Sobel adjourned the meeting at 6:20 pm.

ATTEST:
20 Julie Latshaw, City Clerk
21 CITY OF SANTA PAULA
City Council Regular Meeting
August 16, 2023, 6:30 PM

MINUTES

REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Sobel called the meeting to order at 6:30 pm.
2) INVOCATION
Rev. Betty Stapleford provided the Invocation.
3) FLAG SALUTE
Councilmember Chavez led the flag salute.
4) ROLL CALL
Members Present: Andy Sobel, Jenny Crosswhite, Carlos Juarez, and Pedro A Chavez
Members Absent: Leslie Cornejo
5) CLOSED SESSION REPORT
City Manager Dan Singer reported there was no reportable action taken on the following:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code section 54957. Title: Interim City Attorney
6) PUBLIC COMMENT
Erendira McCormick was called to speak regarding concerns of potholes and street maintenance.

Richard Rudman was called to speak introducing Ananda Luyt, the new Farmers Market Coordinator.

Ananda Luyt was called to speak requesting the city's support by attending the Farmers Market every Friday night.
22 Chris Inez was called to speak presenting the Annual Labor Day poster winners for 1st, 2nd and 3rd place.
7) PRESENTATIONS

7.A) FINANCE DEPARTMENT QUARTERLY REPORT
Finance Director, Christy Ramirez presented the Finance Department activity report.

7.B) PUBLIC WORKS DEPARTMENT ACTIVITY REPORT: MARCH - JUNE 2023
Public Works Director, Clete Saunier presented the Public Works Department Report.
8) CITY COUNCIL REPORTS
Councilmember Jaurez:

Attended Hospice Appreciation Event; Cruise Night; Farmers Market; Quality Improvement Program; Santa Paula Unified School District presentation on Isbell Middle School; ribbon cuttings for Dee Thai Cuisine and Boys and Girls Club.

Councilmember Crosswhite:

Attended meeting hosted by Ventura County Transportation Commission on railroad issues; Harvest Development ad hoc; Southern California Association of Governments; Boys and Girls Club ribbon cutting; announced the old Santa Clara wastewater treatment site latest news is to demolish structures on the site; and announced the passing of Police Department volunteer, Samantha Frady.

Councilmember Chavez:

Participated in the City of Santa Paula Social Services Fair; Business Roundtable; announced upcoming events; and gave shout-out good will to community members in need.

Mayor Sobel:

Attended the Ventura Regional Fire Safety Organization; Hospice Appreciation Event; Union Oil Building; Santa Paula Theatre; Santa Paula Unified School District presentation on Isbell Middle School; ribbon cutting for Dee Thai Cuisine and Boys and Girls Club; and Early Childhood Education Program. 9) CITY MANAGER REPORTS
City Manager, Dan Singer:

Attended ribbon cutting for Dee Thai Restaurant and Boys and Girls Club; and announced the upcoming Spirit of Santa Paula Homeless Shelter ribbon cutting; attended the Ventura Regional Fire Safety Organization; Union Oil Building; and announced possible hurricane moving up the coast. 10) CONSENT CALENDAR
23 10.A) JUNE 2023 WARRANTS AND CERTIFICATIONS

10.B) JULY 2023 WARRANTS AND CERTIFICATIONS

10.C) APPROVAL OF AN ALCOHOL BEVERAGE CONTROL (ABC) GRANT

RESOLUTION AND BUDGET APPROPRIATION

10.D) RESOLUTION ADOPTING SOCIAL MEDIA TERMS OF USE POLICY Motion: Approve Consent Calendar.

Moved by Jenny Crosswhite, seconded by Carlos Juarez
Vote: Motion carried 4-0
Yes: Andy Sobel, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez 11) PUBLIC HEARING

11.A) PROJECT NO. 2022-CDP-01: REQUEST FOR ADOPTION OF
RESOLUTION NO. 7475 APPROVING TENTATIVE MAP NO. 6070; A

SUBDIVISION OF AN EXISTING LOT INTO TWO PARCELS FOR THE NEW ’ARRIVE SANTA PAULA’ (RED TAIL) APARTMENTS
Mayor Sobel opened the public hearing.

Planning & Economic Development Manager, Tom Tarantino presented this item.

Representatives from TK Consulting, Jaren Nuzman, and Shawn Boyd, AHA, were available for questions.

Cynthia Salas was called to speak with comments on eligibility for the housing.

Mayor Sobel closed the public hearing.

Motion: Approve as amended to find that the affordable housing project known as "Arrive Santa Paula", proposed by developer Red Tail Multifamily Land Development, LLC ("Red Tail") is not a project under State CEQA Guidelines, §15060(c)(1) because the project is permitted by-right and therefore involves no exercise of public agency discretion, or, alternatively, the project is statutorily exempt as a ministerial project under State CEQA Guidelines, §15268(a); and adopt Resolution No. 7475 as amended, Accepting Offers of Dedication with respect to Tentative Parcel Map No. 6070 and Authorizing Deferred Completion of Improvements.

Moved by Carlos Juarez, seconded by Jenny Crosswhite
Vote: Motion carried 4-0
Yes: Andy Sobel, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez 12) ACTION ITEMS

12.A) AGREEMENT WITH THE SANTA PAULA UNIFIED SCHOOL DISTRICT

FOR AFTER SCHOOL YOUTH SPORTS PROGRAM AND ADOPTION
OF RESOLUTION NO. 7476 APPROVING A CHANGE TO THE
DEPARTMENT’S POSITION CONTROL LIST
24 Parks & Recreation Director, Gregory Barnes presented this item.

Motion: Approve authorizing the City Manager to enter into a three-year Agreement with the Santa Paula Unified School District for After School Youth Sports Program; Recognize $303,500 in new revenue and $303,500 in new expenditures in the General Fund; and adopt Resolution No. 7476 amending the City's adopted FY 23-25 Position Control List.

Moved by Pedro A Chavez, seconded by Jenny Crosswhite
Vote: Motion carried 4-0
Yes: Andy Sobel, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez

12.B) 2023 VENTURA COUNTY STORMWATER PERMIT

IMPLEMENTATION AND COST-SHARING AGREEMENT
Public Works Director, Clete Saunier and MKN & Associates representative, Gerhardt Hubner, presented on the 2023 Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement.

Motion: Approve authorizing the City Manager to execute the 2023 Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement to Fund the Ventura Countywide Stormwater Quality Management Program.

Moved by Jenny Crosswhite, seconded by Andy Sobel
Vote: Motion carried 4-0
Yes: Andy Sobel, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez

12.C) FINANCING AGREEMENT FOR ADVANCED WATER TREATMENT

FACILITY
Public Works Director, Clete Saunier presented on the Financing Agreement for Advanced Water Treatment. He asked to table the financial piece, though move forward on the Wastewater System Chloride Source Identification Study Update presented by MKN & Associates representative, Eileen Shields.

12.D) CONSIDERATION OF THE SELECTION OF AN EXECUTIVE

RECRUITER FOR THE CHIEF OF POLICE SEARCH
City Manager, Dan Singer presented this item.

Cynthia Salas spoke in favor of Interim Chief Don Aguilar.

Gary Phillips with Bob Murray Associates, spoke on the recruitment and selection process for the Chief of Police position.
13) ITEMS FOR FUTURE AGENDAS

13.A) FUTURE AGENDA ITEMS
25 Councilmember Juarez requested the street naming policy move forward.

Councilmember Chavez requested to add to future agenda, expanded video recordings. Council was in agreement.
14) ADJOURNMENT
Mayor Sobel adjourned the meeting at 10:06 p.m.

Julie Latshaw, City Clerk
ATTEST:
26 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: ON-CALL AGREEMENTS FOR PROFESSIONAL CONSULTING

SERVICES
Date: October 4, 2023
Agenda Item: 9.B

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) Phoenix Civil Engineering; (2) Psomas; (3) TJKM Transportation; (4) Filippin Engineering; (5) General Technologies and Solutions; (6) Minagar & Associates; and (7) m6 Consulting, Inc.

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 27 funding source requirements will either select consultants from the shortlist or publish a 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 Phoenix Civil Engineering, Inc.

Civil Engineering, Project and
Construction Management, Water and
Wastewater Engineering, Hydrology
and Stormwater
2 PSOMAS
Civil Engineering, Subsurface Utility
Engineering, Traffic Engineering, Water and Wastewater Engineering Environmental Consulting and
Monitoring, Surveying, Hydrology and
Stormwater
3 TJKM Transportation Consultants Traffic Engineering
4 Filippin Engineering Construction Management
5 General Technologies and
Solutions
Traffic Engineering
6 Minagar & Associates Traffic Engineering
7 m6 Consulting
Civil Engineering, Project
Management, Traffic Engineering,
Hydrology and Stormwater
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.
28 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 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:

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 - Phoenix Civil Engineering 3-Year On-Call Agreement.pdf Attachment 2 - Psomas 3-Year On-Call Agreement (2023).pdf Attachment 3 -TJKM Transporation Consultant 3-Year On-Call Agreement.docx.pdf Attachment 4 - Filippin Engineering 3 Year On-Call Agreement.pdf Attachment 5 - General Technologies and Solutions 3-Year Oncall Agreement.pdf Attachment 6 - Minagar Associates Inc 3-Year On-Call Agreement.pdf Attachment 7 - M6 Consulting 3-Year On-Call Agreement.docx.pdf 29 Attachment 1

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF SANTA PAULA
AND PHOENIX CIVIL ENGINEERING, INC.
30 65283.00001\33134795.1
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CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

ON-CALL SERVICES
AND
PHOENIX CIVIL ENGINEERING, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this _4
th ___ day of __October______, 20_23__,
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 Phoenix Civil Engineering, Inc. , a California Corporation, with its principal place of business at 535 E. Main Street, Santa Paula, CA 93060 ("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, project management, construction management, water and wastewater engineering, hydrology and stormwater 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, project management, construction management, water and wastewater engineering, hydrology and stormwater 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, 31 65283.00001\33134795.1
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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 one additional oneyear terms.***] 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 and 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.

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. 32 65283.00001\33134795.1
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Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant 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:

Jonathon Turner, PE.

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 Jonathon Turner, PE, 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 33 65283.00001\33134795.1
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necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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. 34 65283.00001\33134795.1
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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 35 65283.00001\33134795.1
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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. 36 65283.00001\33134795.1
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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 39 65283.00001\33134795.1
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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. 40 65283.00001\33134795.1
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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. 41 65283.00001\33134795.1
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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: Phoenix Civil Engineering, Inc.
535 E. Main Street
Santa Paula, CA 93060
ATTN: Jonathon Turner, PE
City: City of Santa Paula
PO Box 569
Santa 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 42 65283.00001\33134795.1
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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, 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, 43 65283.00001\33134795.1
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in which case the City shall notify Consultant of its intention to release Proprietary Information.

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

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

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the 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 44 65283.00001\33134795.1
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as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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

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.

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. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF SANTA PAULA AND
PHOENIX CIVIL ENGINEERING, INC.

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

CITY OF SANTA PAULA PHOENIX CIVIL ENGINEERING, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

Julie Latshaw,
City Clerk
47 65283.00001\33134795.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A"

SCOPE OF SERVICES
Document available at City Clerk’s office
48 65283.00001\33134795.1
Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT–ON
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EXHIBIT "A-I"

FEDERAL CONTRACT PROVISIONS
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.

2.1.3 The Consultant will not discharge or in any other manner discriminate 49 65283.00001\33134795.1
Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT–ON
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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 work: Provided, That if the applicant so participating is a State or local government, the above 50 65283.00001\33134795.1
Exhibit “A-I-3” PROFESSIONAL SERVICES AGREEMENT–ON
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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, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these 51 65283.00001\33134795.1
Exhibit “A-I-4” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
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.

To establish a fair and reasonable profit, consideration must be given to the complexity of the 52 65283.00001\33134795.1
Exhibit “A-I-5” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
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.
53 65283.00001\33134795.1
PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "B"

SAMPLE TASK ORDER FORM
T City of Santa Paula 970 Ventura Street / P.O. Box 569, Santa Paula, CA 93061 / (805) 525-4478
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:
54 65283.00001\33134795.1
(BB&K 2017)
_______________________________ _________ _______________________________ _________
Clete Saunier, Date Christy Ramirez,
Date
Public Works Director Finance Director
________________________________________ ________
Dan Singer, Date
55 65283.00007\41545185.3
EXHIBIT "C"

COMPENSATION
56 Phoenix Civil Engineering, Inc. 535 E. Main St, Santa Paula, CA 93060 805.658.6800

Professional Services Hourly Rate Sheet 2020-25
Engineering
Principal Engineer $195
Resident Engineer $175
Professional Engineer $165
Associate Engineer II $155
Associate Engineer I $145
Assistant Engineer $125
CADD
Senior Designer $140
Assistant Designer $115
General
Principal Construction Manager $185
Associate Construction Observer $145
Technical Assistant $95
Clerical/Administrative Assistant $65
Costs associated with printing and computer time are calculated in the rates. Large quantities of printing (multiple sets of specifications, reports, etc.) will be billed at the actual rate without markup. Subconsultants will be marked up by 10%.
57 Attachment 2

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF SANTA

PAULA AND PSOMAS
58 65283.00007\41545185.3
-1- PROFESSIONAL SERVICES AGREEMENT–ON CALL

CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

ON-CALL SERVICES

BETWEEN

THE CITY OF SANTA PAULA

AND PSOMAS

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 PSOMAS, a Sole Proprietorship, with its principal place of business at 27220 Turnberry Lane, Suite 190, Valencia, 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 civil engineering, subsurface utility engineering, traffic engineering, water and wastewater engineering, environmental consulting and monitoring, surveying, and hydrology and stormwater 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 customary work necessary to fully and adequately supply the professional civil engineering, subsurface utility engineering, traffic engineering, water and wastewater engineering, environmental consulting and monitoring, surveying, and hydrology and stormwater 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. 59 65283.00007\41545185.3
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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 per ($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 "C" of this Agreement.

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

3.3 Responsibilities of Consultant.

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 60 65283.00007\41545185.3
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connection with their performance of Services under this Agreement and as required by law.

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

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

3.3.5 City's Representative. The City hereby designates Clete J. 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 Jeff Chess, PE, 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 61 65283.00007\41545185.3
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California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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. 62 65283.00007\41545185.3
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3.3.10 Laws and Regulations; Employee/Labor Certification.

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 its employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.2 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/c
(B) Completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (C) 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. (D) 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. (E) 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 64 65283.00007\41545185.3
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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.

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 limited contractual liability. 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.

3.3.11.5 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 65 65283.00007\41545185.3
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against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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 66 65283.00007\41545185.3
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and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(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 67 65283.00007\41545185.3
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place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.3 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 of Consultant 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.

3.5 Termination of Agreement.

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, reasonable 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.

3.7.2.1 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 69 65283.00007\41545185.3
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employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

Consultant: PSOMAS
27220 Turnberry Lane, Suite 190
Valencia, CA 91355ATTN: Jeff Chess, PE
City: City of Santa Paula
PO Box 569
Santa Paula, CA 93061
Attn: Clete J. 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 70 65283.00007\41545185.3
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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.6 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, 71 65283.00007\41545185.3
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in which case the City shall notify Consultant of its intention to release Proprietary 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.

Consultant shall not subcontract any portion of the Services required by this Agreement, except 72 65283.00007\41545185.3
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as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.14 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. Notwithstanding the foregoing, a Party in its sole discretion may waive a condition or term of this Agreement. The waiver is effective only if reduced to writing by the waiving Party.

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 73 65283.00007\41545185.3
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which shall constitute an original.

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.
[SIGNATURES ON NEXT PAGE]
74 65283.00007\41545185.3
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF SANTA PAULA AND
PSOMAS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

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

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

Julie Latshaw,
City Clerk
75 65283.00007\41545185.3
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A"

SCOPE OF SERVICES
Document available at City Clerk’s
office
76 65283.00007\41545185.3
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)

2.1.3 The Consultant will not discharge or in any other manner discriminate 77 65283.00007\41545185.3
Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
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.

2.1.5 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 work: Provided, That if the applicant so participating is a State or local government, the above 78 65283.00007\41545185.3
Exhibit “A-I-3” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
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, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these 79 65283.00007\41545185.3
Exhibit “A-I-4” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
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.

To establish a fair and reasonable profit, consideration must be given to the complexity of the 80 65283.00007\41545185.3
Exhibit “A-I-5” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
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.
81 65283.00007\41545185.3
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "B"

SAMPLE TASK ORDER FORM
City of Santa Paula 970 Ventura Street / P.O. Box 569, Santa Paula, CA 93061 / (805) 525-4478
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:

COMPENSATION
83 27 City of Santa Paula
On-Call Engineering and Professional Consulting Services

HOURLY RATE SCHEDULE
Section 6
Civil/Traffic Engineering
Effective from January 1, 2023 - December 31, 2023
Administrative/Project Assistant $95 – $125
Drafter/Design Drafter $125 – $160
Civil Engineering Designer/Engineer $115 – $150
Planners/Assistant Planner/Expeditor/Senior Planner $115 – $185 Project Designer/Professional Engineer/Project Engineer $150 – $180 Sr. Project Engineer $180 – $220
Project Management $180 – $260
Principal/Director $235 – $335
Survey and Geospatial Services
IN-OFFICE SERVICES – Effective from January 1, 2023 - December 31, 2025 Administrative/Project Assistant $95 – $125
Surveyor/Project Surveyor/GIS Specialist/Photogrammetrist $115 – $190 Sr. Project Surveyor/Sr. GIS Specialist $180 – $220
Project Management $180 – $260
Principal/Director $235 – $335
FIELD SERVICES – Effective from October 1, 2022 - September 30, 2025 One-Person Survey Party $240 – $290
Two-Person Survey Party $345 – $420
Three-Person Survey Party $440 – $530
Field Supervisor $180 – $220

SPECIAL EQUIPMENT AND OTHER COSTS
Effective from October 1, 2022 - September 30, 2025
3D Laser Scanner (Static) [per day] $250 – $300
3D Laser Scanner (Mobile Mapping System) [per day] $5,000 – $6,000 NOTE
Rates include yearly escalation through the end of the contract .

Substructure Utility Detection (SUE)
Effective from June 1, 2023 - December 31, 2026
Utility Detection and CCTV Rates
Project Assistant $105
Project Coordinator $185
Project Manager $220
Principal $235

FIELD SERVICES
One-Person SUE Crew $225
Two-Person SUE Crew $335
Two-Person CCTV Crew $335
Field Supervisor $225
Hourly rates for SUE crews include normal usage of field equipment and are fully equipped rates.

SPECIAL EQUIPMENT AND OTHER COSTS
For survey office and field rates please consult the Survey and Geospatial Services
Fee Schedule Standard computer and technology costs are incorporated into the hourly rates shown above.

Minimum of four (4) hours will be charged per SUE crew deployment.

Psomas Hourly Rate Schedules
Environmental Services
Effective through 12/31/2027
Principal-in-Charge $306
QA/QC Manager $276
Air Quality, Climate Change and Noise Manager $259
Regulatory Permitting Manager $236
Senior Project Manager, Environmental $270
Senior Environmental Planner $199
Senior Restoration Ecologist $203
Senior Project Manager/Biological Resources Manager $242 Senior Archaeologist/Paleontologist $201
Project Manager I $163
Project Manager II $180
Project Manager III $199
Environmental Planner $142
Regulatory Permitting Specialist $203
Senior Field Technician1 $134
Certified Arborist $152
Assistant Project Manager, Environmental $167
Senior Biologist/Senior Ecologist $180
Air Quality, Climate Change, and Noise Specialist $146
Environmental Analyst $134
Biologist $154
Archaeologist/Paleontologist $122
Field Technician $115
GIS Manager $188
Senior GIS Analyst $176
GIS Specialist $118
Graphic Artist $140
Technical Writer/Editor $119
Word Processor $141
Project Assistant/Administrative Assistant $141
1 Air Quality/Climate Change/Noise Analysis, Biological Resources, and Cultural Resources

REIMBURSABLES
Mileage at current IRS allowable rate and parking expenses incurred by office employees are charged at cost.

Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at cost plus fifteen percent.

The above schedule is for straight time. Overtime will be charged at 135 percent of the standard hourly rates. Sundays and holidays will be charged at 170 percent of the standard hourly rates.
84 28 City of Santa Paula
On-Call Engineering and Professional Consulting Services Water/Wastewater Engineering
Effective through 12/31/2023
Project Assistant $90 – $125
Engineering Assistant, Intern $75 – $110
Civil Engineering Designer, Survey Technician $95 – $145 Professional Engineer $140 – $165
Field Survey Coordinator $140 – $180
Project Engineer, Project Surveyor,
Resident Engineer/Inspector $145 – $185
Senior Project Engineer, Project Technical Manager $160 – $215 Project Manager $180 – $225
Senior Project Manager, QA/QC Manager,
Principal-in-Charge $200 – $275
Two-Man Survey Crew $285 – $380
Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, fringe benefits and fee.

Survey and other specialty equipment will be charged at a per unit per day rate.

Expert witness testimony is two times the normal rate.

Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate).

AET & Associates Hourly Rate Schedule
Effective 01/01/2023 through 12/31/2023
Principal/Principal-in-Charge $205 – $235
Project Director/QC Manager $190 – $220
Sr. Project Manager/Sr. Project Engineer/Sr. Network Engr $160 – $200 Associate Engr/Project Engr/Network Engr $140 – $170
Design Engineer $120 – $150
Assistant Engineer $100 – $130
Technician/CAD Operator $90 – $120
Project Coordinator $75 – $100
Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, fringe benefits and fee.

Reimbursables
Mileage at $0.75 per mile or actual cost and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent (10%).

T2 Utility Engineers Hourly Rate Schedule
Effective through 12/31/2023
Services Bill Rate Overtime Prevailing
Wage
Prevailing
Wage OT Unit
Pothole Under Natural Ground $650.00 $800.00 $785.00 $1,025.00 per hole Pothole Under Paving / Concrete $745.00 $905.00 $880.00 $1,150.00 per hole Pothole Exceeding 7 feet in Depth $105.00 $125.00 $130.00 $165.00 per foot Vacuum Excavation Truck, Crew and Equipment $335.00 $395.00 $440.00 $520.00 per hour Concrete / Asphalt Coring, Slurry Backfilling $165.00 $205.00 $215.00 $240.00 per hour USA/Designating Paint Removal - Powerwashing $1,800.00 $2,100.00 $2,200.00 $2,600.00 per day Administrative Support $85.00 $112.50 N/A N/A per hour
Mobilization: Vac-Truck & Crew $4.32 $5.68 $5.77 $7.50 per mile Mobilization: Designating or Survey Truck & Crew $3.02 $4.08 $4.26 $5.74 per mile Expenses
Per Diem GSA rates
Encroachment and Traffic Permits actual cost
Traffic Control Plans - Engineer Stamped $700 per sheet Subcontractors - Asphalt, Traffic Control, Etc. cost plus 10% Miscellaneous Expenses cost plus 10%
Hydrology and Stormwater Engineering
Effective through 12/31/2023
Project Principal $245
Senior Project Manager $210
Project Manager $186
Senior Project Engineer $175
Project Engineer $146
Designer II $126
Designer $120
Engineering Technician $95
Survey Manager $173
Project Surveyor $155
Survey Technician $91
2-Man Survey Crew $173
Administration $97
Intern $60
Psomas Hourly Rate Schedules
EEC Environmental Hourly Rate Schedule
Effective 01/01/2023 through 12/31/2023
Staff Engineer $160
Sr Staff Engineer $175
Project Engineer - I $200
Project Engineer - II $210
Sr Project Engineer - I $230
Sr Project Engineer - II $250
Principal Engineer $275
Project Assistant $120
Drafter $140
Technical Editor $125
This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments.

Travel
Vehicles used on project assignments will be charged at $100 per day.

Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a cost of $80 per day (except in high cost markets, which will adhere to GSA rates). Airfare, lodging, rental cars and associated expenses are billed at cost plus 15%.

Other Project Charges
The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied.
85 Attachment 3

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF SANTA

PAULA AND TJKM TRANSPORATION CONSULTANT
86 65283.00001\33134795.1
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CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

ON-CALL SERVICES

BETWEEN

THE CITY OF SANTA PAULA

AND TJKM TRANSPORTATION CONSULTANTS

1. PARTIES AND DATE.

This Agreement is made and entered into this 4
th day of __October_, 20_23, 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") andTJKM Transportation Consultants, a California Corporation, with its principal place of business at 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 ("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 providingtraffic 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 theOn-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 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 one additional one87 65283.00001\33134795.1
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year terms. 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 and Fifty Thousand and no cents ($250,000.00) 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 "C" of this Agreement.

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

3.3 Responsibilities of Consultant.

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

3.3.5 City's Representative. The City hereby designatesClete 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 designatesNayan Amin, President, 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 89 65283.00001\33134795.1
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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 90 65283.00001\33134795.1
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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. 91 65283.00001\33134795.1
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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:
92 65283.00001\33134795.1
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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. 94 65283.00001\33134795.1
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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. 95 65283.00001\33134795.1
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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 96 65283.00001\33134795.1
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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 97 65283.00001\33134795.1
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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: TJKM Transportation
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588ATTN: Nayan Amin, President
City: City of Santa Paula
PO Box 569Santa 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.

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

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no 98 65283.00001\33134795.1
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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.

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

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to 99 65283.00001\33134795.1
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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.

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

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work 100
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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.

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. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF SANTA PAULA AND
TJKM Transportation Consultants
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

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

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

Julie Latshaw,
City Clerk
103
65283.00001\33134795.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A"

SCOPE OF SERVICES
Documents available at City Clerk's
104
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Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A-I"

FEDERAL CONTRACT PROVISIONS
[
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.

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)

2.1.3 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.

2.1.5 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 106
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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, 107
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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. 108
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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.
109
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Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "B"
City of Santa Paula 970 Ventura Street / P.O. Box 569, Santa Paula, CA 93061 / (805) 525-4478
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:

CONSULTANT/CONTRACTOR
________________________________________ _________
Consultant Company Date
Recommended/Approved By:
______________________________ _________ ____________________________ _____ Clete Saunier, Date Christy Ramirez, Date
Public Works Director Finance Director
________________________________________ ________
Dan Singer, Date
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Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "C"

COMPENSATION
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+RXUO\5DWH6FKHGXOH
112
On-Call Engineering and Professional Consulting Services for the Traffic Engineering Category | 22

HOURLY RATE SCHEDULE
Principal.............................................................................................................................................. $265/hour Director............................................................................................................................................... 245/hour Senior Project Manager................................................................................................................ 210/hour Project Manager.............................................................................................................................. 200/hour Senior Transportation Engineer................................................................................................. 185/hour Transportation Engineer…………………………………………………………………………….……….. 145/hour Assistant Transportation Engineer........................................................................................... 135/hour Senior Transportation Planner................................................................................................... 185/hour Transportation Planner................................................................................................................. 145/hour Assistant Transportation Planner ……………………………………………………………………..…. 135/hour GIS Specialist..................................................................................................................................... 110/hour Graphics Designer........................................................................................................................... 110/hour Designer.............................................................................................................................................. 105/hour Technical Staff II............................................................................................................................... 95/hour Administration Staff....................................................................................................................... 90/hour Production Staff............................................................................................................................... 65/hour Reimbursable Expenses
Plotting (per sheet)........................................................................................................................ $18.00 Travel Cost (per mile, subject to change; based on IRS standard mileage rates)… .655 All outside services are billed at cost plus a ten percent margin for handling.

Expert Witness charges available upon request.

Rates Effective May 1, 2023
Rates Subject to Change
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Attachment 4

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF

SANTA PAULA AND FILIPPIN ENGINEERING
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EXHIBIT "A"

SCOPE OF SERVICES
[Due to page volume, this exhibit is intentionally omitted. A copy of the entire agreement is available at the City Clerk’s office]
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Attachment 5

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY OF

SANTA PAULA AND GENERAL

TECHNOLOGIES AND SOLUTIONS
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CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

ON-CALL SERVICES

BETWEEN

THE CITY OF SANTA PAULA
AND

GENERAL TECHNOLOGIES AND SOLUTIONS (GTS)

1. PARTIES AND DATE.

This Agreement is made and entered into this 4
th day of October, 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 General Technologies and Solutions (GTS) LLC, a California Limited Liability Company, with its principal place of business at 11900 W. Olympic Blvd, Ste 450, Los Angeles, CA 90064 ("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 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 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, 144
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Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A"

SCOPE OF SERVICES
AND

COMPENSATION
[Documents available for viewing at City Clerk’s Office] 161
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65283.00007\41580901.1
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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Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
________________________________________ ________
Dan Singer, Date
City Manager
168
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27 City of Santa Paula On-Call Traffic Engineering Services Hourly Rate Schedule
PROJECT/PROGRAM TITLE: City of Santa Paula On-Call Traffic Engineering Services Name: General Technologies and Solutions (GTS)
Rates Effective Beginning: July 1, 2022 Ending: June 30, 2023 Lawsuit/Litigation History
GTS has never had any lawsuits or arbitration proceedings that have been initiated by or against GTS.

Financial Interests
GTS does not have any existing or past financial relationships, including agreements between GTS and proposed subcontractors, with current members of the City Council and City staff, and entities for which said members are employed, or have an interest, both past, and present.

DIR Certification
Registration Number: 1000060827
Insurance
GTS has reviewed the City’s insurance coverage requirements and said insurance coverages will be obtained and be in force upon execution of a Professional Services Agreement with the City.

Labor Category/Grade
Labor Category/Grade Hourly Fully-Loaded Rate
Principal L7 $230.00 - $280.00
Engineer / Planner / Analyst (L6) $190.00 - $230.00
Engineer / Planner / Analyst (L5) $170.00 - $210.00
Engineer / Planner / Analyst (L4) $150.00 - $190.00
Engineer / Planner / Analyst (L3) $140.00 - $180.00
Engineer / Planner / Analyst (L2) $120.00 - $160.00
Engineer / Planner / Analyst (L1) $110.00 - $140.00
Project Admin / CAD / Graphics (L4) $140.00 - $200.00
Project Admin / CAD / Graphics (L2) $110.00 - $140.00
Intern (L1) $90.00 - $120.00
Yearly escalations are limited to the highest of consumer price index (CPI) or 5%.

Mileage is charged per the maximum allowable IRS rate.

Other expenses (surveys, printing, etc.) will be charged at cost plus 10%. 170
Attachment 6

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY

OF SANTA PAULA AND MINAGAR &
ASSOCIATES, INC.
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MINAGAR & ASSOCIATES, INC.
23282 Mill Creek Drive, Suite 120
Laguna Hills, CA 92653
Tel: (949)707-1199
Web: www.minagarinc.com
2019 Winner of the Orange County Engineering Council’s Outstanding Service Award 2016 Winner of the ASCE’s Outstanding Civil Engineer in the Private Sector Award in the State of California 2016 Winner of the ASCE Los Angeles Section’s Outstanding Civil Engineer in the Private Sector Award 2016 Winner of the ASCE Orange County Chapter’s Outstanding Civil Engineer in the Private Sector Award 2016 Certificate of Recognition for Dedication to Support the ELTP Program by Los Angeles County MTA/Metro 2016 Winner of the Orange County Engineering Council’s Outstanding Engineering Service Award 2015 Orange County Business Journal’s 2015 Excellence in Entrepreneurship Award Nominee 2014 Orange County Business Journal’s 2014 Excellence in Entrepreneurship Award Nominee 2012 Winner of Cal-EPA/California Air Resources Board’s Cool California Climate Leader
2011 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles
2011 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles
2010 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles
2009 Winner of the ASCE’s Outstanding Private Sector Civil Engineering Project in Metropolitan Los Angeles
2009 Winner of the Caltrans’ 2009 Excellence in Transportation Award in the State of California
2007 Winner of the ASCE’s Outstanding Public/Private Sector Civil Engineering Project in Metropolitan Los Angeles
2005 Winner of the APWA’s Best Traffic Congestion Mitigation Project of the Year in Southern California
2004 Top Nominee of Transportation Foundation’s Highway Management Program in the State of California
2003 Winner of the PTI’s Best Transportation Technology Solutions Award in the United States
2002 Winner of the ITS-CA’s Best Return on Investment Project Award in the State of California
2000 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles
Celebrating 30 Years ofPlanning & EngineeringExcellence • Traffic Engineering
• Transportation Planning
• ITS (Intelligent Transportation Systems)
• Civil/Electrical Engineering
• Homeland Security
• Construction Engineering Management
199
Attachment 7

PROFESSIONAL SERVICES

AGREEMENT

ON-CALL SERVICES BETWEEN THE CITY
OF SANTA PAULA AND M6
CONSULTING, INC.
200
65283.00007\41545180.2
-1- PROFESSIONAL SERVICES AGREEMENT–ON CALL

CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

ON-CALL SERVICES BETWEEN THE

THE CITY OF SANTA PAULA
AND
M6 CONSULTING, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 4th day of October, 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 m6 Consulting, Inc., a California corporation, with its principal place of business at 4165 E. Thousand Oaks Blvd., Suite 355, Westlake Village, CA 91362 ("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, project management, traffic engineering and hydrology and stormwater 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, project management, traffic engineering and hydrology and stormwater 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, 201
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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 one additional oneyear term. The City shall exercise this option by giving Consultant written notice at least ninety (90) days before the expiration date of this Agreement. 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 "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) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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. Payment will be contingent on the budget approved by City’s governing body for any particular fiscal year during the term of this Agreement. To help ensure City has sufficient funds to timely compensate Consultant, City and Consultant agree that City will not pay Consultant more than $250,000.00 per fiscal year for the term of this Agreement (“Annual Compensation”) excluding duly approved Extra Work. It is the Consultant’s responsibility not to perform work that will exceed its Annual Compensation or the maximum compensation in Section 3.2.1.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

3.3 Responsibilities of Consultant.

Any personnel performing the Services on behalf of Consultant shall not be employees of City 202
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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.

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

Robert P. Woodward, PE.

3.3.6 Consultant's Representative. Consultant hereby designates Robert P.

Woodward. PE, 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 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.

3.3.9.3 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 204
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to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

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

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.5 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 205
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seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

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

3.3.11 Insurance.

3.3.11.2 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, 206
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testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.5 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 207
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to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.9 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 208
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and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(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 209
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available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.5 Termination of Agreement.

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 the negligence, recklessness, or willful misconduct of the 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. 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.

Consultant: M6 Consulting, Inc.
4165 E. Thousand Oaks Blvd, Suite 355
Westlake Village, CA 91362
ATTN: Robert P. Woodward, PE
City: City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
ATTN: Clete J. 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.

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 212
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professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

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

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal 213
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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 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 214
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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.

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)
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3.7.22.2 This Agreement

3.7.22.3 Task Orders

3.8 Federal Provisions. 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. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF SANTA PAULA AND
M6 CONSULTING, INC.

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

CITY OF SANTA PAULA M6 CONSULTING, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

Julie Latshaw,
City Clerk
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65283.00007\41545180.2
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON
CALL
EXHIBIT "A"

SCOPE OF SERVICES
Document available at City Clerk’s office
218
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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)

2.1.5 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 220
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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, 221
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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. 222
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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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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:

On-Call Engineering and Professional Consulting Services May 24, 2023
___________________________________________________________________________________________ m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com Schedule of Hourly Rates
m6 Personnel Services: Hourly*
Project Manager ............................................................................... $165.00 Project Engineer ............................................................................... $165.00 Staff Engineer ............................................................................... $145.00 Permit Engineer ............................................................................... $135.00 Civil Engineer .............................................................................. $175.00 Structural Engineer ............................................................................... $175.00 Traffic Engineer ............................................................................... $195.00 Hydrology/Hydraulic Engineer............................................................................ $175.00 Soils/Geotechnical Engineer............................................................................... $175.00 Environmental Specialist ............................................................................... $175.00 City Engineer ............................................................................... $195.00 Principal Engineer ............................................................................... $225.00 Professional Land Surveyor ............................................................................... $200.00 Map Review/City Surveyor ............................................................................... $195.00 1 Man Survey Crew ............................................................................... $240.00 2 Man Survey Crew ............................................................................... $300.00 Minimum Survey Trip Charge .............................................................................. $950.00 Public Works Inspector ............................................................................... $115.00 Construction Inspector ............................................................................... $105.00 CAD Specialist ............................................................................... $120.00

* Rates are increased by a factor of 1.5 times for overtime, and for holiday and weekend assignments. All rates are subject to a 2% increase annually on January 1st.

Miscellaneous Charges: Hourly
Administration ............................................................................ $75.00 Direct Costs ............................................................................ Cost+15% Outside Reproduction ............................................................................ Cost +15% Materials & Expenses ............................................................................ Cost + 15% Mileage (Portal to Portal) .............................................................................. $0.655/Mile Copyright 2023 m6 Consulting, Inc. - All Rights Reserved Effective January 1, 2023
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To: Honorable Mayor and Members of the City Council
From: Lorena Alvarez, Human Resources Manager
Subject: APPROVAL OF THE MEMORANDUM OF UNDERSTANDING WITH THE

COMMUNITY SERVICES OFFICER (CSO) ASSOCIATION
Date: October 4, 2023
Agenda Item: 9.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

The current Memorandum of Understanding (MOU) with the Community Services Officer Association (CSO) expired on June 30, 2023. In compliance with the Meyers-Milias Brown Act (MMBA), the City negotiations team commenced negotiations with the CSO 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 CSO 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 CSO expired on June 30, 2023.

The City’s negotiations team and the CSO 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 CSO's.

Below are key items that have been negotiated:

Term of the Agreement shall be from October 4, 2023 through June 30, 2025.

Effective the first full pay period following October 4, 2023 ratification of this Agreement by CSO's 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.

Phased Cafeteria increase from $1250.00 to $1450.00 over the term of the agreement.

New Christmas Eve Holiday
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Tuition Reimbursement Assistance increase from $2500.00 to $3000.00 per fiscal year.

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" objective 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. Adopt Resolution No. 7482, approving the Memorandum of Understanding between the City of Santa Paula and the Community Services Officer Association for the period of October 4, 2023 through June 30, 2025.

2. Provide alternative direction to staff.

ATTACHMENTS:

Resolution_No._7482.docx
Exhibit A to Resolution No. 7482.doc
Exhibit B to Resolution No. 7482
Redline.pdf
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RESOLUTION NO. 7482

A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE CONTRACT YEAR 2023-2025 BETWEEN THE CITY OF SANTA PAULA AND THE

COMMUNITY SERVICES OFFICER ASSOCIATION AND AMENDING THE ADOPTED 2023-25 SALARY SCHEDULE
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 Community Services Officer Association, a duly recognized employee organization representing 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 Community Services Officer 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: The City Council amends the adopted 2023-25 salary schedule, as respectively shown in Exhibit “B”.

SECTION 4: This Resolution will become effective as identified in Exhibit A and Exhibit B, immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 5: 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 4th of October, 2023.
________________________________________
Andy Sobel, Mayor
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ATTEST:
______________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
__________________________________
Monica Castillo, Interim City Attorney
__________________________________
Daniel Singer, City Manager
230
1 Community Service
Officers
Memorandum of Understanding
2023-2025
City of Santa Paula
231
2 MEMORANDUM OF UNDERSTANDING

PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milian-Brown Act (Government Code Sections 3500-3511) by and between the City Council of the City of Santa Paula, hereinafter designated "City," and Santa Paula Community Services Officers Unit (CSO) hereinafter designated as "Unit".

The City Manager, or his/her designee, is the representative of the City of Santa Paula in employeremployee relations as authorized by the City Council.

The parties have negotiated in good faith regarding wages, hours and other terms and conditions of employment of the employees in said bargaining unit; 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.

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. This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned regarding matters within the scope of representation for all employees within the bargaining unit for the contract year 2023- 2025 commencing October 4, 2023 through June 30, 2025.

UNDERSTANDING AND AGREEMENTS
The following understandings and agreements shall not become effective until ratified by the City Council:

1. EXCLUSIVE REPRESENTATION
This memorandum covers the classifications listed in Exhibit “A”.

Whenever a person is hired in any of the job classifications covered by this memorandum, City agrees to notify such person that Unit is the recognized employee organization for employees in that classification.
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3 2. UNIT RIGHTS

2.1 Labor-Management Meetings

MOU EMPLOYEE REPRESENTATION
The formally recognized employee organization may select not more than two (2) 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. The participation of additional employees is at the discretion of the employee organization (a maximum of two additional members) provided that they would not be eligible for compensation because the meeting in question was scheduled for the employees' non-work hours and provided also they would not be eligible for any compensation for their attendance. Where circumstances warrant, the Municipal Employee Relations Officer may approve the attendance at such meetings of additional employee representatives without loss of compensation. The employee organization must, whenever practicable, submit the names of all such employee representatives to the Municipal Employee Relations Officer at least two (2) working days in advance of such meetings. Provided further: 1) that no employee representative may leave his or her duty or work station or assignment without specific approval of his supervisor, department head or other authorized City management official, and 2) that any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules.

CONSULTATION
During the term of this agreement, the City and Unit agree that consultation meetings may contribute to improved employer-employee relations. Either party may request meetings. The party requesting the meeting shall submit a proposed agenda. With the concurrence of the receiving party, a date, time and location of the requested meeting may be set. It is not intended that any such labor-management meetings be for discussion of issues handled under other provisions herein or other documents setting forth prescribed meeting procedures such as grievance or disciplinary procedures. Meeting attendees will be those that have been designated as Unit representatives as defined above.

2.2 Unit Information
Unit materials provided by the Unit will be provided to eligible employees as a part of the new orientation process. The Unit will be responsible for supplying materials.

3. CITY RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, certain City rights will not be subject to the meet and confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; withhold merit step salary increases related 233
4 to job performance subject to the City's Personnel Rules and Regulations; determine the procedures and standard of selection for employment, promotion and transfer; direct employees, including scheduling and assigning work, work hours, and overtime as required in the manner most advantageous to the City. It is understood by the parties that every related duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee; establish employee performance standards and to require compliance therewith; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for, it being understood that it is not the City's intent to contract out any services currently being provided by employees in the representation unit; however, the City retains its management rights to investigate alternate options in the future; determine the content of job classifications; take all necessary actions to protect the public's health and safety and carry out its mission in emergencies; and exercise complete control and discretion over the technology of performing its work.

4. SALARY COMPENSATION

4.1 SALARY COMPENSATION
Effective the first full pay period following October 4, 2023 ratification of this Agreement by SEIU 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 full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages.

4.1.1 Step Increase
Step increases will become effective on the actual anniversary date of the employee.

4.1.2 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. If the employee was entitled to a merit increase, said increase shall be retroactive to the employee's anniversary date.
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5 4.2 Base Wages
Base wages shall mean the hourly rate of pay earned by a unit employee within a salary range assigned by the City to the classification occupied by the employee. Base wages do not include educational incentive, overtime pay, standby pay, bilingual pay, and cafeteria plan monies, or other additional payments earned by a Unit employee pursuant to this MOU.

4.3 Regular Rate of Pay
A Unit employee’s regular rate of pay shall be calculated according to the provisions of the FLSA. A Unit employee shall be compensated for overtime work at one and one-half times the employee’s regular rate of pay to the nearest quarter hour.

4.4 Direct Deposit
All employees hired after ratification of MOU, shall establish a direct deposit account in order to receive their paychecks.

5. HOURS OF WORK

5.1 Work Cycle
In accordance with the Fair Labor Standards Act, the City's work cycle is a fixed and regularly recurring period of 168 consecutive hours, seven (7) consecutive twenty- four (24) hour periods.

5.2 Regular Work Day
The normal daily work schedule (40-hour work week) for unit personnel is eight (8) hours of work time, inclusive of breaks, exclusive of a one (1) hour unpaid meal break.

The regular working day of employees observing a 9/80 work schedule is nine (9) hours of work within a period not to exceed ten (10) consecutive hours, interrupted by a lunch break of not less than one-half (A) hour, nor more than one (1) hour; provided, the regular working day on alternate Fridays or other days, as determined by the department head, shall be eight (8) hours of work not to exceed nine (9) consecutive hours, interrupted by a lunch break of not less than one-half ('A) hour, nor more than one (1) hour.

5.3 Rest Periods
One (1) fifteen (15) minute rest break with pay shall be provided to Unit members for each four (4) hours of service, as scheduled by appropriate supervisor. Rest periods and lunch periods may not be aggregated and used to extend the lunch period or shorten the work day.

5.4 Regular Work Period
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6 A regular work period shall be forty (40) hours to be worked within a seven (7) day period beginning at 12:01 p.m. Friday and ending at 12 noon the following Friday. However, this seven (7) day work period may be changed by the City Manager to any other consecutive seven (7) day period, beginning and ending at any day and any time to accommodate alternative work schedules.

5.5 Standard Hours and Days of Work
The standard work week shall consist of five (5) days, Monday through Friday inclusive; the regular work day shall begin at 8 a.m. and end at 5 p.m. Unless otherwise approved by the department head, the regular work day for employees observing a 9/80 schedule shall begin at 7:30 a.m. and end at 5:30 p.m. on those days when the regular working day is nine (9) hours of work. The standard work week for employees observing a 4/10 schedule shall be as determined by the department head. This standard shall not apply to employees of departments which require different schedules of work to meet operational and service objectives of City departments. Nonstandard hours and days of work for employees shall be as established in writing by the City Manager.

6. OVERTIME

6.1 Overtime Definition
Effective the first full pay period following Council adoption, overtime will be calculated based on "hours worked" which will no longer include sick leave time or leave without pay to calculate overtime.

Overtime will be paid in compliance with FLSA at a rate of 1-1/2 times the employee's regular base hourly rate of pay or a unit employee may choose in lieu of cash payment to be compensated for overtime by the accumulation of compensatory time, on the ratio of 1-1/2 hours earned in compensatory time for each hour actually worked. Hours worked will also not include sick leave or leave without pay for the purpose of calculating compensatory time. A maximum of forty (40) hours of compensatory time may be accrued in a calendar year.

6.2 Callback
Employees who have completed a full shift and are called back for emergency overtime work, or are called back for emergency overtime work while on standby status, shall be paid at the rate of 1 1/2 times the regular rate for all subsequent hours worked or a minimum of two (2) hours pay, whichever is greater. The "minimum of two hours pay" includes all call backs occurring within the two-hour minimum period; therefore, the "minimum of two hours pay" is not compensated on a "per occurrence" basis. No employee shall be paid for call back and standby pay simultaneously. This means that no employee shall be paid "stand by" pay at the same time that they are collecting "call back" pay.

The City has the exclusive right to determine the need for call back and the time of call back. 236
7 6.2.1 On-Call Pay
Unit employees eligible for On-Call Pay shall be compensated an additional $20.00 dollars per day.

The Investigations Supervisor shall be responsible for determining if On-Call Pay is needed and providing a schedule on a monthly basis.

6.2.2 Special Contract Detail
In the event that the City assigns unit employees to special event detail, such as, but not limited to movie, television or commercial filming, each employee assigned to work such detail shall receive payment at two (2) times their normal hourly rate as long as the City is reimbursed.

6.2.3 Court Standby
Unit personnel placed on court standby time "on call" during their off-duty times 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 thirty-five dollars ($35) per standby shift. The maximum compensation per work period (twenty-eight (28) day period) per employee for court standby is one hundred and forty dollars ($140). 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 in 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.

6.3 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 including holdover, callback and standby. Prior written authorization of the Department Head must be secured and communicated to the employee.

In an emergency, if it is impossible or impractical to secure advance authorization from the Department Head, the supervisor may authorize paid overtime subject to ratification by the Department Head.

Overtime shall be compensated to the nearest quarter hour (fifteen-15) minutes. This shall apply to accumulation of all overtime during a work week.

7. SHIFT DIFFERENTIALS
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8 7.1 Night Differential
The City agrees to grant the Unit an immediate reopener prior to implementing a shift that qualifies for night differential (shift that requires an employee to work a minimum of fifty percent (50%) of his or her shift between the hours of 6:00 PM and 8:00 AM).

7.2 Dispatcher Pay
Unit personnel will be paid at the step in the Dispatcher’s salary schedule which aligns with the Unit member’s years of dispatching experience, when working in a dispatcher capacity.

7.3 Collateral Duties Pay
All assignments to positions receiving additional compensation are temporary assignments. Unit personnel are rotated into and out these assignments at the discretion of the Police Chief.

Assignments receiving additional compensation include:

B. Public Information Officer (PIO): Unit personnel assigned as a Public Information Officer (PIO) will receive an additional three percent (3%) over his or her base wage.

8. OTHER COMPENSATION AND BENEFITS

8.1 Tuition Reimbursement
Tuition reimbursement may be made up to $3000 per fiscal year in accordance with established City policy. It is the City's desire to encourage employees to further their education in order to excel in their profession. For this reason, the City Manager may authorize employees to take courses during the employee's normal workday for a limited duration, if alternate classes are not available (e.g. night classes not offered). All requests must first be made through the Department Head and forwarded to the City Manager for final approval. All approvals will be based on staffing levels of the department and effect of city operations.

8.2 Uniform Allowance
The uniform allowance will include the cost of purchasing: three (3) pairs of pants; three (3) shortsleeved shirts; three (3) long-sleeved shirts; appropriate insignias, one (1) pair of work boots/shoes; tailoring and laundering services. The cash allowance will be paid to each eligible member on a biweekly basis, the fixed dollar amount will be $67.31 bi-weekly ($1,750 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. 238
9 8.3 Bilingual Pay
To recognize those employees who are able to communicate effectively with members of our community who speak primarily Spanish. Effective June 1, 2008, all eligible employees will receive $1300.00 per year ($50.00 per pay period).

8.4 Emergency Disasters
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.

8.5 Educational Incentive
Unit Personnel with an Associate’s Degree shall receive a salary adjustment of three (3%) percent above their base wages.

Unit Personnel with a Bachelor’s Degree shall receive a salary adjustment of five (5%) percent above their base wages.

Unit Personnel with a Master’s Degree shall receive a salary adjustment of eight (8%) percent above their base wages.

Employees requesting Educational Incentive Compensation are required to present the original certificate or diploma or other substantiating records to Human Resources for verification. .

HOLIDAYS

9. HOLIDAY LISTING
On January 1st of each year, unit personnel will receive a Holiday Leave Bank of thirty-six (36) hours paid at straight time to be used exclusively for City observed holidays and a Floating Holiday Leave Bank of eighteen (18) hours. On July 1st of each year, unit personnel receive a Holiday Leave Bank of sixty-three (63) hours paid at straight time to be used exclusively for City observed holidays.

Any extra floating hours not used by the end of the calendar year will be carried over for 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 cash value.

If a holiday is worked, unit personnel receive pay at the overtime rate for all hours worked, in addition to straight time holiday pay. Employees would not have the option of working when the City was closed for a holiday if they did not have any time of leave time available.

The following days are considered holidays:
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10 New Year's Day - January 1
Martin Luther King Day - Third Monday in January
Presidents' Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day- First Monday in September
Veteran’s Day- November 11th
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day- December 25
Two (2) floating Holidays
Employees hired between the holiday allocation periods will receive the holiday bank in accordance with allocation for that period, less any holiday (at 9 hours per holiday) that have already been observed. Floating Holiday Leave hours will be pro-rated accordingly to the employees hire date.

10. VACATION

10.1 Vacation Entitlement
Unit members will be required to reduce vacation leave balances to 280 hours or less by December 31, 2021. Vacation hours in the 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.

Unit personnel may accumulate up to a maximum of two-hundred eighty (280) hours. Unit personnel 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:
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11 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 wi11 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.

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 maybe substituted subject to the approval of Department Head.

If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.

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 on a biweekly basis. Employees on leave without pay status shall not earn vacation. Vacation time shall not be taken until earned and shall be subject 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
Twenty-three years: 184 hours
Twenty-four years: 192 hours
Twenty-five or more years: 200 hours
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12 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 Supervisor, 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. A Department Head may also approve vacation if the employee's Supervisor is unavailable or if the employee's immediate supervisor is a Department Head. In the event that an employee requests, but is repeatedly denied vacation, and if such denial would cause the employee to exceed the 240-hour limit, the City Manager may temporarily increase the vacation limit until a mutually agreed upon vacation can be scheduled.

10.2.3 Vacation Schedule
In the scheduling of employee vacations, Supervisors will give first consideration to the employee's 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.

10.2.5 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/ Compensatory Leave Buyback
Unit employees may buyback vacation and compensatory time off 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
To be eligible to buyback vacation, or compensatory leave, employees must meet the following criteria:
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13 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.

Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.

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.

10.2.7 Compensatory Time
Compensatory time off may be accumulated to a maximum of forty (40) hours to be used at a later time upon the approval of the supervisor. Employees may not accrue more than forty (40) hours at any given time. Any time in excess of forty (40) hours shall be paid as overtime.

11. SICK LEAVE

11.1. Usage
Sick leave with pay up to the total number of accumulated sick days 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 physician at no cost to the employee.

11.2 Over 3-Day Absence
For absence of more than three (3) days, an employee may be required to present a medical doctor's certificate verifying the personal illness or injury and/or a medical authorization to return to work.

11.3 Leave Transfer
Unit employees will have the ability to transfer earned leave bank (vacation, 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 and to less than

40.0 hours in each bank.

2. All such transfers shall be approved by the Personnel Officer or designee. 243
14 3. All transfers shall be anonymous to the transferee.

The Personnel Officer shall determine the amount of leave, if any, which an employee may receive under this section. Employees wishing to donate leave must do so in writing to the Personnel Officer. Donated leave shall be utilized in the order of receipt by the Personnel Officer, and will be converted to sick leave for the employee’s use for the defined purpose, only. The amount of leave time transferred under this section which remains unused shall be returned to the employee or employees who transferred the leave when the Personnel Officer or designee finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred.

11.4 Bereavement
Leave with pay up to five (5) working days per incident of death, but not to exceed 80 hours in a fiscal year will be a mother, father, mother-in-law, father-in-law, spouse, sister, brother, son, daughter or domestic partner of the unit member or grandparent or grandchild of the unit member or his/her spouse.

Bereavement Leave or special sick leave, in case of death illness of other persons, may be granted only upon approval of the City Manager.

11.5 Maternity and Paternity Leave
Maternity and Paternity Leave will be granted to eligible employees in accordance with the current Family and Medical Leave Act (FMLA). Eligible employees shall charge time-off against any accumulated leave, including sick leave.

11.6 Exceptions
Sick leave pay shall not be granted for any injury attributable to an outside occupation (for which Worker's Compensation benefits are available and engagement herein 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.

11.8 No Maximum on Sick Leave Accrual
Sick leave hours no longer have cash value pursuant to the City’s Personnel Rules and Regulations. Accumulated sick leave may be credited to an employee’s length of service upon retirement from the City of Santa Paula and will become part of the calculation upon which 244
15 PERS retirement benefits are established, in accordance with PERS regulations. Effective January 1, 2008, unit employees will no longer be subject to any maximum on sick leave accrual.

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.

12. INDUSTRIAL ACCIDENT LEAVE
When an employee sustains an accident which results in an injury or illness arising out of and in the cause of employment which is compensable under the State Workers’ Compensation Act and which injury or illness necessitates the employee’s absence from work, the first three (3) calendar days of such absence shall be deemed to be Industrial Leave and the employee shall receive his/her regular salary for any regularly scheduled work days occurring within the three (3) day period following the date of such injury or illness, providing the injury or illness was not due to the employee’s gross negligence and that such absence from work is substantiated by a statement of a licensed physician certifying that the nature of the illness or injury is sufficiently sever to require the employee to be absent from his/her responsibilities for a rehabilitative period. Wages for the day of the injury will be paid for the regularly scheduled hours worked and is not a day of absence for leave purposes.

If the employee is not able to return to work after (3) calendar days of Industrial Leave following the day of the injury or illness, the employee shall then be eligible for leave under the Family Medical Leave Act (FMLA), if qualified. The employee is permitted the option of taking leave without pay from the City while receiving those benefits allowed by the provisions of the State Workers’ Compensation Act, or the employee may integrate his/her accumulated Sick Leave or Vacation Leave to his/her credit, with temporary disability benefits paid under the State Workers Compensation Act. In no instance shall an employee receive dual compensation from the City and the Workers’ Compensation Insurance Fund.

The employee has the right to notify the City, in writing, prior to an injury, of his/her choice of physician should the employee be injured. The pre-designated medical provider must meet the requirements of CCC §9783 and agree to treat the employee for work related injuries. If the employee does not make this prior notification, the City has the right to require that the treatment be provided by a City designated medical examiner during the first thirty (30) days after the injury in accordance with Sections 4600 and 4601 of the Labor Code. If treatment is required on an emergency basis, and obtained from a non-City provider, the employee’s followup medical care will transfer to a provider designated by the City. The employee agrees to keep all medical appointments and follow prescribed treatment plan restrictions for both work and personal activities. This does not preclude the employee from seeking emergency treatment from a physician of the employee’s choice, or from being evaluated by a doctor of the employee’s choice even while under treatment from the City’s medical examiner. In such circumstances, other than in emergency situations, use of a personal physician would be at 245
16 employee’s expense.

If the employee is still in need of medical care thirty (30) days after the work related and reported injury, the employee has the right to be treated by a doctor of his/her choice.

12.1 Modified Duty
City and Unit agree to the Modified Duty policy as stated in the Personnel Rules and Regulations with the exception that all modified duty need not be necessarily confined to the employees department. Depending on the doctor's release to return to work, which indicates the employees capabilities, will determine if an employee will be assigned to another department.

13. SPECIAL LEAVE

13.1 Miscellaneous Leave With Pay
An employee shall be granted leave of absence with full pay for:

1. Jury service;

2. Subpoena of him/her as a witness in a City matter; or

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

Paid leaves of absence will not apply if an absence for any of the above reasons falls on a day which is not a regularly scheduled work day, including flex days off.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.

Employees who appear in court as a plaintiff or defendant in any action not related to their official duties shall not be paid for time away from work, unless that time is previously approved in writing for the use of accumulated paid leave, except sick leave. Eligible employees may be allowed unpaid time off or use vacation leave, administrative leave, or compensatory time if summoned to appear in court as a witness in a non-City matter.

13.2 Leave of Absence Without Pay
The City Manager of designee may grant a full time regular employee a leave of absence without pay not to exceed one (1) year for non-medical purposes. Such leaves may be granted after vacation, administrative leave, holiday leave/bank, and compensatory leave accruals have been exhausted. Sick leave accruals may not be used for non-medical leaves.

Under no circumstances, unless approved by the Personnel Officer, may an employee use a leave of absence without pay for the purposes of working for another employer or to pursue self-employment.
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17 13.3 Family Care and Medical Leave
Family leave shall be as identified in the City's Personnel Rules and Regulations entitled "Family Care and Medical Leave Policy."

14. BENEFITS AND INSURANCE

14.1 City Contribution
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 or applied to the Ventura County Credit Union or an individual account administered by the City. Cafeteria Plan options include health, dental, vision.

Effective the first full pay period commencing on or after December 1, 2023, the City shall provide $1350.00 per month ($675.00 paid for the 1st or 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 2024, the City shall provide $1450 per month ($725.00) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Employees 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 $1000.00 per month. Employees who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $1,000, shall be eligible to cash out the difference between $1,000 and the cost of the premium.

New 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. The City reserves the right to require an employee to provide annual recertification of outside health coverage in order to continue to receive the cafeteria benefit. Employees who fail to complete both requirements will not be allowed to utilize their Cafeteria Benefit Plan contributions for any other eligible plans.
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18 14.2 Eligibility
When an employee commences work with the City, his/her benefit distribution selection shall become effective the first of the month following date of employment. Deductions for benefits shall be made one month in advance for which coverage is provided.

14.3 Selection
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 the non-mandatory disability income insurance plan is authorized shall be 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 Citywide 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 $650 annual fee and the $4.95 per enrolled employee administrative fee per month. Should fewer than ten employee’s 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 Gym Membership
City shall reimburse the annual sum for the payment of membership fees for a physical fitness program available to Unit employees after receiving permission from Human Resources to approve the health club. This amount shall not exceed the actual membership fee paid or $300 per Unit employee who enrolls in that program, whichever is less. Eligibility for Gym membership guidelines and reimbursement will be in accordance with the City’s Wellness and Fitness Program Reimbursement Policy.
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19 14.7 Life Insurance
The City provides group term life insurance coverage to $100,000 for each employee.

14.8 City Matching Contribution to Deferred Compensation Plan City agrees that effective in the first full pay period in 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 of up to one percent (1%) of the employee’s base salary. For example, if an employee earns $50,000 base salary per year and contributes $25 into their deferred compensation plan each pay period for a total of $650 annual contribution, 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.

15. RETIREMENT

15.1 PERS Plan
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 Employees’ Pension Reform Act of 2013 (PEPRA) Miscellaneous members hired prior to March 20, 2006 will be provided with the 2.5% @ 55, Tier One (1) service retirement formula;
Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;
The retirement allowance will be computed on the highest one (1) year of compensation.

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.

All Unit members pay their portion of the member’s employee contribution to CalPERS. 249
20 16. WORKING CONDITIONS

16.1 Safe Working Conditions
The City shall provide safe working conditions for all Unit members as required by law. The City has established an Injury and Illness Prevention Program (IIPP). One of the objectives of this policy is to meet on a quarterly basis with General Safety Committee. The Unit is authorized to have one-member representative (and one alternate) to serve on the General Safety Committee. The Unit will be responsible for providing the names of the member and one alternate to the City.

16.2 Work Site Safety Practices
Unit members shall cooperate with management in maintaining good work site safety practices in all facilities.

16.3 Reporting Unsafe Conditions
Unit members shall be responsible for reporting to their immediate supervisor any condition believed to be unsafe or unhealthy.

16.4 Investigations
The City will investigate such reports and take appropriate action to correct conditions found to be unsafe or unhealthy.

16.5 Safety Equipment
The City will provide all necessary safety equipment as required by Section 6401 of the State Labor Codes, subject to any applicable legislation or judicial interpretation of that statute during the term of this Agreement.

16.6 Orientation Period
The orientation period of newly hired employees within the bargaining unit shall be six (6) months of paid service. At the discretion of the City Manager, the probationary period for a newly hired employee may be extended for up to an additional six (6) months from date of hire, if circumstances warrant, by giving notice to the employee fifteen (15) calendar days before the scheduled completion date of the normal probationary period. The probationary period for promoted employees shall be six (6) months of paid service. Rejection of probation shall be as set forth in the personnel rules and regulations as adopted by the City. 250
21 16.7 Layoff Procedure
Until such time as the parties have met and conferred regarding an alternative, the City will continue to use its existing rules as a layoff procedure whenever a layoff affects members of the unit.

16.8 Cooling-Off Period
If an employee resigns from employment with the City, the City Manager or his or her designee may choose to make the resignation effective immediately regardless of any advance notice which may be provided by the employee. However, such an employee will be allowed a "cooling off' period of two working days within which to rescind their resignation.

An employee who wishes to rescind his or her resignation must do so in writing and the writing must be delivered to the City Manager by the close of business on the second business day of the "cooling off' period. An employee who timely rescinds his or her resignation during the "cooling off' period shall not be considered to have been separated and shall be treated as if there was no break in service. Any time during which such an employee is absent from work as a result of resigning shall be unpaid.

17. DRUG AND ALCOHOL TESTING
The City must comply with Federal requirements on random drug and alcohol testing. City will continue to enforce the adopted City policy.

18. CONCERTED ACTIVITIES

18.1 Definition Strike/Work Stoppage
As used in this section, "strike or work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of including, influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment.

18.2 No Strike Clause
It is agreed and understood that there will be no strike, work stoppage, slow down, or refusal to fully and faithfully perform job functions and responsibilities, or any interference with the operations of the City, or any concerted effort designed to improve its bargaining positions which interferes with, impedes or impairs City operation by the Unit or by its officers, agents or members. The Unit agrees that neither the Unit nor its officers, agents or members will, in any manner whatsoever honor, assist or participate in any picketing activities, sanctions or any other form of interference with City operation by any other non-Unit employees or members of other employee associations or groups. 251
22 18.3 Lockout
The City agrees not to engage in any lockout.

18.4 Court Enforcement
Furthermore, the Unit and City agree that the provisions in this Article are enforceable in a court of law, once the grievance procedures have been exhausted.

19. GRIEVANCE
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Grievance Procedures, as set forth in the Personnel Rules and Regulations.

20. DISCIPLINARY ACTION
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Disciplinary Procedures, as set forth in the Personnel Rules and Regulations.

21. COMPLETION OF MEET AND CONFER
The parties acknowledge that, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter covered by this Agreement.

It is recognized that during the term of this agreement, it may be necessary for Management to make changes in matters defined as within the scope of representation (pursuant to Government Code Section 3504), such as hours, working conditions, or rules governing employees. When Management finds it necessary to make such changes, it shall notify the Unit in writing indicating the proposed change before it is implemented. If the Unit requests, the parties shall expeditiously undertake negotiations regarding the effect the change would have on employees. If the Unit does not request negotiations, the change may be implemented. If the Unit does request negotiations, any agreement resulting from such negotiations shall be reduced to writing.

Nothing herein shall limit Management's authority to make changes necessitated by an emergency and such changes will not extend beyond the duration of the emergency. In addition, Management will notify the Unit of such changes as soon as practicable. 252
23 22. SEVERABILITY
If any provisions of this MOU are held to be contrary to law by a court of competent jurisdiction, such provisions will not be valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect; however, no provisions in this MOU shall be construed to result in an illegal discriminatory act based on race, creed, sex or national origin.

23. TERM
This Agreement shall be in effect from October 4, 2023 through June 30, 2025. It shall continue in effect thereafter from year to year unless either party gives one hundred twenty (120) days notice prior to the yearly anniversary date, to terminate or modify this Agreement.

24. FINALITY OF RECOMMENDATIONS
Upon ratification by the City Council and the Unit membership, the recommendations set forth above are final. No changes or modifications shall be offered, urged or otherwise presented by said Unit or the City Manager to the City Council for the period of the MOU, except as mutually agreed upon by the Unit and the City Manager
253
24 COMMUNITY SERVICES OFFICERS UNIT CITY OF SANTA PAULA ________________________________ __________________________________ Gena Rios Irma Rodriguez-Moisa
Chief Labor Negotiator
________________________________ ___________________________________ Jasmine Freeman Lorena Alvarez
Human Resources Administrador

254
25 EXHIBIT “A”

POSITION CLASSIFICATION
Job Class: Position Title_________________
500 CSO
Community Services Officer
Evidence Technician
Records Clerk

255
0 % Hourly Hourly Hourly Hourly Hourly Annual Annual Annual Annual Annual Position Hourly-1 Hourly-2 Hourly-3 Hourly-4 Hourly-5 Annual-1 Annual-2 Annual-3 Annual-4 Annual-5 CITY MANAGER 5.0% 100       ‐ 102.93            ‐      ‐      ‐      214,094.40 ‐                 ‐                   ‐                  ‐ HUMAN RESOURCES ADMINISTRATOR 5.0% 102         61.23 58.31        64.30 67.52 70.90 121,284.80 127,358.40 133,744.00    140,441.60    147,472.00 PARKS & RECREATION DIRECTOR 5.0% 103         64.11 61.05        67.32 70.69 74.23 126,984.00 133,348.80 140,025.60    147,035.20    154,398.40 PLANNING DIRECTOR 5.0% 106         66.26 63.10        69.58 73.06 76.72 131,248.00 137,820.80 144,726.40    151,964.80    159,577.60 FINANCE DIRECTOR/CITY TREASURER 5.0% 107         65.42 62.30        68.70 72.14 75.75 129,584.00 136,073.60 142,896.00    150,051.20    157,560.00 PUB WORKS DIR/CITY ENGINE 5.0% 108         72.50 69.04        76.13 79.94 83.94 143,603.20 150,800.00 158,350.40    166,275.20    174,595.20 POLICE CHIEF 5.0% 109         74.40 70.85        78.12 82.03 86.14 147,368.00 154,752.00 162,489.60    170,622.40    179,171.20 ASSISTANT CITY MANAGER 5.0% 110         72.92 69.44        76.57 80.40 84.42 144,435.20 151,673.60 159,265.60    167,232.00    175,593.60 CHIEF TECHNOLOGY OFFICER 5.0% 111         61.92 58.97        65.02 68.28 71.70 122,657.60 128,793.60 135,241.60    142,022.40    149,136.00 ASSISTANT FINANCE DIRECTOR 5.0% 202         48.40 46.09        50.82 53.37 56.04 95,867.20    100,672.00 105,705.60    111,009.60    116,563.20 POLICE COMMANDER 5.0% 205         62.01 59.05        65.12 68.38 71.80 122,824.00 128,980.80 135,449.60    142,230.40    149,344.00 ASSISTANT PUB WORKS DIRECTOR 5.0% 207         59.10 56.28        62.06 65.17 68.43 117,062.40 122,928.00 129,084.80    135,553.60    142,334.40 CHIEF BUILDING OFFICIAL 5.0% 208         45.54 43.37        47.82 50.22 52.74 90,209.60    94,723.20    99,465.60      104,457.60    109,699.20 ASSISTANT POLICE CHIEF 5.0% 209         67.47 64.25        70.85 74.40 78.12 133,640.00 140,337.60 147,368.00    154,752.00    162,489.60 PLANNING COMMISSIONER AP 213         ‐ 50.00            ‐      ‐      ‐ PLANNING MANAGER 5.0% 214         50.79 48.37        53.33 56.00 58.80 100,609.60 105,643.20 110,926.40    116,480.00    122,304.00 WATER OPERATIONS SUPERINTENDENT 5.0% 215         55.17 52.54        57.93 60.83 63.88 109,283.20 114,753.60 120,494.40    126,526.40    132,870.40 PLANNER, ASSISTANT/GIS ANALYST 5.0% 258         33.41 31.81        35.09 36.85 38.70 66,164.80    69,492.80    72,987.20      76,648.00     80,496.00 ENGINEERING TECH. SR. 5.0% 259         34.25 32.61        35.97 37.77 39.66 67,828.80    71,240.00    74,817.60      78,561.60     82,492.80 PLANNER, ASSOCIATE 5.0% 263         37.85 36.04        39.75 41.74 43.83 74,963.20    78,728.00    82,680.00      86,819.20     91,166.40 MANAGEMENT ANALYST 5.0% 265         39.77 37.87        41.76 43.85 46.05 78,769.60    82,721.60    86,860.80      91,208.00     95,784.00 ACCOUNTANT 5.0% 268         34.96 33.29        36.71 38.55 40.48 69,243.20    72,716.80    76,356.80      80,184.00     84,198.40 WATER SUPERVISOR 5.0% 272         37.77 35.97        39.66 41.65 43.74 74,817.60    78,561.60    82,492.80      86,632.00     90,979.20 PURCHASING AGENT 5.0% 273         39.77 37.87        41.76 43.85 46.05 78,769.60    82,721.60    86,860.80      91,208.00     95,784.00 SR. RECORDS SUPERVISOR 5.0% 274         32.83 31.26        34.48 36.21 38.03 65,020.80    68,286.40    71,718.40      75,316.80     79,102.40 ADMINISTRATIVE ANALYST I 5.0% 275         25.10 23.90        26.36 27.68 29.07 49,712.00    52,208.00    54,828.80      57,574.40     60,465.60 RECREATION SUPERVISOR 5.0% 276         32.83 31.26        34.48 36.21 38.03 65,020.80    68,286.40    71,718.40      75,316.80     79,102.40 PARKS & FACILITIES SUPERVISOR 5.0% 277         32.83 31.26        34.48 36.21 38.03 65,020.80    68,286.40    71,718.40      75,316.80     79,102.40 FLEET SUPERVISOR 5.0% 278         32.83 31.26        34.48 36.21 38.03 65,020.80    68,286.40    71,718.40      75,316.80     79,102.40 STREETS MAINTENANCE SUPERVISOR 5.0% 279         32.83 31.26        34.48 36.21 38.03 65,020.80    68,286.40    71,718.40      75,316.80     79,102.40 ADMINISTRATIVE ANALYST II 5.0% 280         31.38 29.88        32.95 34.60 36.33 62,150.40    65,270.40    68,536.00      71,968.00     75,566.40 ASSOCIATE ENGINEER 5.0% 281         44.63 42.50        46.87 49.22 51.69 88,400.00    92,830.40    97,489.60      102,377.60    107,515.20 EMERGENCY SERVICES COORDINATOR 5.0% 282         34.96 33.29        36.71 38.55 40.48 69,243.20    72,716.80    76,356.80      80,184.00     84,198.40 CITY CLERK 5.0% 283         32.83 31.26        34.48 36.21 38.03 65,020.80    68,286.40    71,718.40      75,316.80     79,102.40 CUSTODIAN 5.0% 301         20.95 19.95        22.00 23.10 24.26 41,496.00    43,576.00    45,760.00      48,048.00     50,460.80 CUST SERVICES REP 5.0% 302         20.95 19.95        22.00 23.10 24.26 41,496.00    43,576.00    45,760.00      48,048.00     50,460.80 WATER DISTRIBUTION OPERATOR I 5.0% 304         25.18 23.98        26.44 27.77 29.16 49,878.40    52,374.40    54,995.20      57,761.60     60,652.80 ADMINISTRATIVE ASSISTANT 5.0% 309         21.06 20.05        22.12 23.23 24.40 41,704.00    43,804.80    46,009.60      48,318.40     50,752.00 ANIMAL SERVICES COORDINAT 5.0% 311         22.00 20.95        23.10 24.26 25.48 43,576.00    45,760.00    48,048.00      50,460.80     52,998.40 SR. ADMINISTRATIVE ASST. 5.0% 313         22.11 21.05        23.22 24.39 25.61 43,784.00    45,988.80    48,297.60      50,731.20     53,268.80 WATER DISTRIBUTION OPERATOR II 5.0% 314         26.43 25.17        27.76 29.15 30.61 52,353.60    54,974.40    57,740.80      60,632.00     63,668.80 MECHANIC I 5.0% 315         22.34 21.27        23.46 24.64 25.88 44,241.60    46,467.20    48,796.80      51,251.20     53,830.40 WATER TREATMENT/PROD OPERATOR I 5.0% 318         27.75 26.42        29.14 30.60 32.13 54,953.60    57,720.00    60,611.20      63,648.00     66,830.40 WATER TREATMENT/PROD OPERATOR II 5.0% 320         29.15 27.76        30.61 32.15 33.76 57,740.80    60,632.00    63,668.80      66,872.00     70,220.80 WATER DIST OPERATOR III 5.0% 321         27.75 26.42        29.14 30.60 32.13 54,953.60    57,720.00    60,611.20      63,648.00     66,830.40 LEAD WATER DIST OPERATOR 5.0% 322         30.60 29.14        32.13 33.74 35.43 60,611.20    63,648.00    66,830.40      70,179.20     73,694.40 BUILDING INSPECTOR I 5.0% 323         26.19 24.94        27.50 28.88 30.33 51,875.20    54,475.20    57,200.00      60,070.40     63,086.40 MECHANIC II 5.0% 324         27.97 26.63        29.37 30.84 32.39 55,390.40    58,177.60    61,089.60      64,147.20     67,371.20 WATER DIST WORKER IV 5.0% 325         29.15 27.76        30.61 32.15 33.76 57,740.80    60,632.00    63,668.80      66,872.00     70,220.80 BUILDING INSPECTOR II 5.0% 326         31.82 30.30        33.42 35.10 36.86 63,024.00    66,185.60    69,513.60      73,008.00     76,668.80 ENGINEERING TECH/INSPECTO 5.0% 328         25.80 24.57        27.09 28.45 29.88 51,105.60    53,664.00    56,347.20      59,176.00     62,150.40 SENIOR ACCOUNTING TECHNIC 5.0% 329         23.37 22.25        24.54 25.77 27.06 46,280.00    48,609.60    51,043.20      53,601.60     56,284.80 EQUIPMENT MAINT LEADWORK 5.0% 330         30.15 28.71        31.66 33.25 34.92 59,716.80    62,712.00    65,852.80      69,160.00     72,633.60 FACILITIES MAINT LEADWORK 5.0% 331         24.81 23.62        26.06 27.37 28.74 49,129.60    51,604.80    54,204.80      56,929.60     59,779.20 FAC MAINT WRK I 5.0% 332         20.95 19.95        22.00 23.10 24.26 41,496.00    43,576.00    45,760.00      48,048.00     50,460.80 FAC MAINT WRK II 5.0% 333         23.00 21.90        24.15 25.36 26.63 45,552.00    47,840.00    50,232.00      52,748.80     55,390.40 MAINTENANCE WRK I 5.0% 334         20.95 19.95        22.00 23.10 24.26 41,496.00    43,576.00    45,760.00      48,048.00     50,460.80 MAINTANENCE WRK II 5.0% 335         23.00 21.90        24.15 25.36 26.63 45,552.00    47,840.00    50,232.00      52,748.80     55,390.40 LEAD WATER TREAT & PROD OPERATOR 5.0% 336         30.59 29.13        32.12 33.73 35.42 60,590.40    63,627.20    66,809.60      70,158.40     73,673.60 STREET MAINT LEADWORKER 5.0% 339         24.81 23.62        26.06 27.37 28.74 49,129.60    51,604.80    54,204.80      56,929.60     59,779.20 WASTEWATER LEADWORKER 5.0% 340         24.43 23.26        25.66 26.95 28.30 48,380.80    50,814.40    53,372.80      56,056.00     58,864.00 WASTEWATER COLL WRK I 5.0% 341         20.95 19.95        22.00 23.10 24.26 41,496.00    43,576.00    45,760.00      48,048.00     50,460.80 WASTEWATER COLL WRK I 5.0% 342         23.00 21.90        24.15 25.36 26.63 45,552.00    47,840.00    50,232.00      52,748.80     55,390.40 COMMUNITY DEVELOPMENT TECHNICIAN 5.0% 343         25.80 24.57        27.09 28.45 29.88 51,105.60    53,664.00    56,347.20      59,176.00     62,150.40 RECREATION PROGRAM COORDINATOR 5.0% 344         21.25 20.23        22.32 23.44 24.62 42,078.40    44,200.00    46,425.60      48,755.20     51,209.60 PERMIT TECHNICIAN 5.0% 345         29.35 27.95        30.82 32.37 33.99 58,136.00    61,048.00    64,105.60      67,329.60     70,699.20 FY 2023/24 SALARY SCHEDULE
256
ENGINEERING TECH I 5.0% 346         25.48 24.26        26.76 28.10 29.51 50,460.80    52,998.40    55,660.80      58,448.00     61,380.80 ENGINEERING TECH II 5.0% 347         29.49 28.08        30.97 32.52 34.15 58,406.40    61,339.20    64,417.60      67,641.60     71,032.00 LEAD PARK AND ABATEMENT SPECIALIST 5.0% 348         21.25 20.23        22.32 23.44 24.62 42,078.40    44,200.00    46,425.60      48,755.20     51,209.60 ACCOUNTING SPECIALIST 5.0% 349         25.25 24.04        26.52 27.85 29.25 50,003.20    52,520.00    55,161.60      57,928.00     60,840.00 WATER SYSTEMS OPERATOR I 5.0% 350         29.14 27.75        30.60 32.13 33.74 57,720.00    60,611.20    63,648.00      66,830.40     70,179.20 WATER SYSTEMS OPERATOR II 5.0% 351         30.60 29.14        32.13 33.74 35.43 60,611.20    63,648.00    66,830.40      70,179.20     73,694.40 WATER SYSTEMS OPERATOR III 5.0% 352         32.13 30.60        33.74 35.43 37.21 63,648.00    66,830.40    70,179.20      73,694.40     77,396.80 WATER SYSTEMS OPERATOR IV 5.0% 353         33.74 32.13        35.43 37.21 39.08 66,830.40    70,179.20    73,694.40      77,396.80     81,286.40 LEAD WATER SYSTEMS OPERATOR 5.0% 354         35.43 33.74        37.21 39.08 41.04 PUBLIC SAFETY DISP CLERK 5.0% 401         26.12 24.87        27.43 28.81 30.26 51,729.60    54,329.60    57,054.40      59,924.80     62,940.80 PUB SAFETY DISPATCH SUPER 5.0% 402         33.77 32.16        35.46 37.24 39.11 66,892.80    70,241.60    73,756.80      77,459.20     81,348.80 POLICE OFFICER 5.0% 403         38.97 37.11        40.92 42.97 45.12 77,188.80    81,057.60    85,113.60      89,377.60     93,849.60 POLICE SENIOR 5.0% 405         43.63 41.55        45.82 48.12 50.53 86,424.00    90,750.40    95,305.60      100,089.60    105,102.40 POLICE SERGEANT 5.0% 406         50.80 48.38        53.34 56.01 58.82 100,630.40 105,664.00 110,947.20    116,500.80    122,345.60 POLICE RECRUIT 407         ‐ 26.42            ‐      ‐      ‐      54,953.60    ‐                 ‐                   ‐                  ‐ COMMUNITY SERVICES OFFICE 5.0% 501         21.17 20.16        22.23 23.35 24.52 41,932.80    44,033.60    46,238.40      48,568.00     51,001.60 EVIDENCE & PROPERTY TECHNICIAN 5.0% 502         23.45 22.33        24.63 25.87 27.17 46,446.40    48,776.00    51,230.40      53,809.60     56,513.60 RECORDS TECHNICIAN 5.0% 503         20.95 19.95        22.00 23.10 24.26 41,496.00    43,576.00    45,760.00      48,048.00     50,460.80 IT SUPPORT ANALYST 5.0% 703         36.07 34.35        37.88 39.78 41.77 71,448.00    75,025.60    78,790.40      82,742.40     86,881.60 PAYROLL SPECIALIST 5.0% 704         25.25 24.04        26.52 27.85 29.25 50,003.20    52,520.00    55,161.60      57,928.00     60,840.00 EXECUTIVE ASSISTANT 5.0% 705         23.91 22.77        25.11 26.37 27.69 47,361.60    49,732.80    52,228.80      54,849.60     57,595.20 HUMAN RESOURCES ANALYST 5.0% 706         36.07 34.35        37.88 39.78 41.77 71,448.00    75,025.60    78,790.40      82,742.40     86,881.60 HUMAN RESOURCE TECHNICIAN 5.0% 707         25.25 24.04        26.52 27.85 29.25 50,003.20    52,520.00    55,161.60      57,928.00     60,840.00 RECREATION LEADER II MW-1 801         16.86 16.05        17.71 18.60 19.53 33,384.00    35,068.80    36,836.80      38,688.00     40,622.40 RECREATION LEADER III MW-2 802         17.71 16.86        18.60 19.53 20.51 35,068.80    36,836.80    38,688.00      40,622.40     42,660.80 COMM SERVICE OFFICER MW-1 803         16.86 16.05        17.71 18.60 19.53 33,384.00    35,068.80    36,836.80      38,688.00     40,622.40 NUTRITION COORDINATOR MW-1 804         16.86 16.05        17.71 18.60 19.53 33,384.00    35,068.80    36,836.80      38,688.00     40,622.40 FACILITY ATTENDANT 5.0% 806         18.02 17.16        18.93 19.88 20.88 SENIOR COORDINATOR 5.0% 808         21.25 20.23        22.32 23.44 24.62 SECRETARY II 5.0% 809         22.75 21.66        23.89 25.09 26.35 45,052.80    47,320.00    49,691.20      52,187.20     54,808.00 POLICE RESERVE AP 810        26.70
CITY INTERN MW-1 811         16.86 16.05        17.71 18.60 19.53 PARK ABATEMENT SPECIALIST 5.0% 816         20.02 19.06        21.03 22.09 23.20 POLICE CADET MW-1 818         16.86 16.05        17.71 18.60 19.53 PW FIELD TECHNICIAN MW-1 819         16.86 16.05        17.71 18.60 19.53 CRIMINAL INVESTIGATIVE ANALYST 5.0% 820         38.69 36.84        40.63 42.67 44.81 MECHANIC HELPER MW-1 821         16.86 16.05        17.71 18.60 19.53 RECREATION LEADER I / CITY CORP TRAINEE MW-1 822         ‐ 16.05            ‐      ‐      ‐ CODE ENFORCEMENT INSPECTOR 5.0% 823         29.35 27.95        30.82 32.37 33.99 COUNCILMEMBER EL 900       ‐ 600.00            ‐      ‐      ‐ Notes
10% Engineer's Certificate included in range 108 & 207
Rec Leader III will be adjusted at 5% above Rec Leader II should minimum wage increase CSO MOU pending approval. Rates highlighted subject to approval of Council on 10/4/2023 The law requires the lesser of 3.5 percent and the rate of change in the averages of the two most recent U.S. CPI‐W unless those averages are negative. If negative, no increase or decrease
Minimum wage of $16.05 is based on assumed increase of 3.5%. This change will only become effective if and when California law is changed requiring this increase 257
1 Community Service
Officers
Memorandum of Understanding
2023-20253
City of Santa Paula
258
2 MEMORANDUM OF UNDERSTANDING

The City Manager, or his/her designee, is the representative of the City of Santa Paula in employeremployee 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. This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned regarding matters within the scope of representation for all employees within the bargaining unit for the contract year 20212023- 2023 2025 commencing July 1, 2021October 4, 2023 through June 30, 20232025.

UNDERSTANDING AND AGREEMENTS
The following understandings and agreements shall not become effective until ratified by the City Council:

1. EXCLUSIVE REPRESENTATION
This memorandum covers Regular Full Time Community Service Officer employees the classifications listed in Exhibit “A”.

2.1 Labor-Management Meetings

2.2 Unit Information
Unit materials provided by the Unit will be provided to eligible employees as a part of the new orientation process. The Unit will be responsible for supplying materials.

3. CITY RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, certain City rights will not be subject to the meet and confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; withhold merit step salary increases related 260
4 to job performance subject to the City's Personnel Rules and Regulations; determine the procedures and standard of selection for employment, promotion and transfer; direct employees, including scheduling and assigning work, work hours, and overtime as required in the manner most advantageous to the City. It is understood by the parties that every related duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee; establish employee performance standards and to require compliance therewith; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for, it being understood that it is not the City's intent to contract out any services currently being provided by employees in the representation unit; however, the City retains its management rights to investigate alternate options in the future; determine the content of job classifications; take all necessary actions to protect the public's health and safety and carry out its mission in emergencies; and exercise complete control and discretion over the technology of performing its work.

4. SALARY COMPENSATION

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.

The base wages for Records Technician have been adjusted to a starting rate of $18/hr effective the first full pay period following adoption of the agreement by the City Council and $19/hr effective the first full pay period commencing on or after July 1, 2022.

The base wages for Community Service Officers has been adjusted to a starting rate of $18/hr effective the first full pay period following adoption of the Agreement by the City Council, for a 3.33% increase, with a 2% Cost of Living Adjustment, (split equally between the two CSO positions, for a 4.33% increase effective the first full pay period following adoption of the Agreement by the City Council through June 30, 2022, and 5.67% effective the first full 261
5 pay period commencing on or after July 1, 2022.

These wages are inclusive of the Cost of Living Adjustment (COLA) of 2% for the 3 current members effective the first full pay period following adoption of the Agreement by the City Council through June 30 2022, and 2.5% Cost of Living Adjustment (COLA) for all unit members effective the first full pay period commencing on or after July 1, 2022.

4.1.1 Step Increase
Step increases will become effective on the actual anniversary date of the employee.

4.2 Base Wages
Base wages shall mean the hourly rate of pay earned by a unit employee within a salary range assigned by the City to the classification occupied by the employee. Base wages do not include educational incentive, overtime pay, standby pay, bilingual pay, and cafeteria plan monies, or other additional payments earned by a Unit employee pursuant to this MOU.

4.4 Direct Deposit
All employees hired after ratification of MOU, shall establish a direct deposit account in order to receive their paychecks.

5. HOURS OF WORK
262
6 5.1 Work Cycle
In accordance with the Fair Labor Standards Act, the City's work cycle is a fixed and regularly recurring period of 168 consecutive hours, seven (7) consecutive twenty- four (24) hour periods.

5.2 Regular Work Day
The normal daily work schedule (40-hour work week) for unit personnel is eight (8) hours of work time, inclusive of breaks, exclusive of a one (1) hour unpaid meal break.

5.4 Regular Work Period
A regular work period shall be forty (40) hours to be worked within a seven (7) day period beginning at 12:01 p.m. Friday and ending at 12 noon the following Friday. However, this seven (7) day work period may be changed by the City Manager to any other consecutive seven (7) day period, beginning and ending at any day and any time to accommodate alternative work schedules.

6. OVERTIME
263
7 6.1 Overtime Definition
Effective the first full pay period following Council adoption, overtime will be calculated based on "hours worked" which will no longer include sick leave time or leave without pay to calculate overtime.

The City has the exclusive right to determine the need for call back and the time of call back.

6.2.1 On-Call Pay
Unit employees eligible for On-Call Pay shall be compensated an additional $20.00 dollars per day.

The Investigations Supervisor shall be responsible for determining if On-Call Pay is needed and providing a schedule on a monthly basis.

6.2.3 Court Standby
Unit personnel placed on court standby time "on call" during their off-duty times 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 thirty-five dollars ($35) per standby 264
8 shift. The maximum compensation per work period (twenty-eight (28) day period) per employee for court standby is one hundred and forty dollars ($140). Standby pay will not be paid if court time compensation is made.

Overtime shall be compensated to the nearest quarter hour (fifteen-15) minutes. This shall apply to accumulation of all overtime during a work week.

7. SHIFT DIFFERENTIALS

7.1 Night Differential
The City agrees to grant the Unit an immediate reopener prior to implementing a shift that qualifies for night differential (shift that requires an employee to work a minimum of fifty percent (50%) of his or her shift between the hours of 6:00 PM and 8:00 AM).

7.2 Dispatcher Pay
Unit personnel will be paid at the receive the dispatcher rate step in the Dispatcher’s salary schedule which aligns with the Unit member’s years of dispatching experience , if it is a higher rate, when working in a dispatcher capacity.

Assignments receiving additional compensation include:

A. Crime Scene Investigation (CSI): Unit personnel assigned as a Crime Scene Investigator will receive an additional three percent (3%) over his or her base wage. At no time is this to be considered an investigator position for example, like a Detective. 265
9 B. Public Information Officer (PIO): Unit personnel assigned as a Public Information Officer (PIO) will receive an additional three percent (3%) over his or her base wage.

8. OTHER COMPENSATION AND BENEFITS

8.1 Tuition Reimbursement
Tuition reimbursement may be made up to $2500 per fiscal year in accordance with established City policy. It is the City's desire to encourage employees to further their education in order to excel in their profession. For this reason, the City Manager may authorize employees to take courses during the employee's normal workday for a limited duration, if alternate classes are not available (e.g. night classes not offered). All requests must first be made through the Department Head and forwarded to the City Manager for final approval. All approvals will be based on staffing levels of the department and effect of city operations.

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.

8.3 Bilingual Pay
To recognize those employees who are able to communicate effectively with members of our community who speak primarily Spanish. Effective June 1, 2008, all eligible employees will receive $1300.00 per year ($50.00 per pay period).

8.5 Educational Incentive
Unit Personnel with an Associate’s Degree shall receive a salary adjustment of three (3%) percent above their base wages.

Unit Personnel with a Bachelor’s Degree shall receive a salary adjustment of five (5%) percent above their base wages.

Unit Personnel with a Master’s Degree shall receive a salary adjustment of eight (8%) percent above their 266
10 base wages.

Employees requesting Educational Incentive Compensation are required to present the original certificate or diploma or other substantiating records to Human Resources for verification. .

HOLIDAYS

9. HOLIDAY LISTING
On January 1st of each year, unit personnel will receive a Holiday Leave Bank of thirty-six (36) hours paid at straight time to be used exclusively for City observed holidays and a Floating Holiday Leave Bank of eighteen (18) hours. On July 1st of each year, unit personnel receive a Holiday Leave Bank of fifty-foursixty-three (5463) hours paid at straight time to be used exclusively for City observed holidays.

Any extra floating hours not used by the end of the calendar year would will be carried over for 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 cash value.

If a holiday is worked, unit personnel receive pay at the overtime rate for all hours worked, in addition to straight time holiday pay. If an employee decides to use all the holiday leave bank which results in not having any holiday leave available for holidays, then the employee would then have to use vacation leave, compensatory leave, or leave without pay (according to the adopted leave without pay procedures) to cover time off on holidays where the City was closed. Employees would not have the option of working when the City was closed for a holiday if they did not have any time of leave time available. The following days are considered holidays:

New Year's Day - January 1
Martin Luther King Day - Third Monday in January
Presidents' Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day- First Monday in September
Veteran’s Day- November 11th
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day- December 25
Two (2) floating Holidays
Employees hired between the holiday allocation periods will receive the holiday bank in accordance 267
11 with allocation for that period, less any holiday (at 9 hours per holiday) that have already been observed. Floating Holiday Leave hours will be pro-rated accordingly to the employees hire date.

10. VACATION

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 wi11 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 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
Twenty-three years: 184 hours
Twenty-four years: 192 hours
Twenty-five or more years: 200 hours
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12 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.

Vacation Leave will not accrue while an employee is on Leave of Absence without Pay.

If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.

10.2 General Provisions

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.
269
13 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/ Compensatory Leave Buyback
Unit employees may buyback vacation and/or admin leaveand compensatory time off with continuous years of service as follows:

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.

Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.

11. SICK LEAVE

11.1. Usage
Sick leave with pay up to the total number of accumulated sick days 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 270
14 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 physician at no cost to the employee.

1. No one can, by use of this transfer, reduce his or her accrued vacation and to less than

40.0 hours in each bank.

2. All such transfers shall be approved by the Personnel Officer or designee.

3. All transfers shall be anonymous to the transferee.

Bereavement Leave or special sick leave, in case of death illness of other persons, may be granted only upon approval of the City Manager.

11.5 Maternity and Paternity Leave
Maternity and Paternity Leave will be granted to eligible employees in accordance with the current Family and Medical Leave Act (FMLA). Eligible employees shall charge time-off 271
15 against any accumulated leave, including sick leave.

11.8 No Maximum on Sick Leave Accrual
Sick leave hours no longer have cash value pursuant to the City’s Personnel Rules and Regulations. Accumulated sick leave may be credited to an employee’s length of service upon retirement from the City of Santa Paula and will become part of the calculation upon which PERS retirement benefits are established, in accordance with PERS regulations. Effective January 1, 2008, unit employees will no longer be subject to any maximum on sick leave accrual.

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.

If the employee is not able to return to work after (3) calendar days of Industrial Leave following the day of the injury or illness, the employee shall then be eligible for leave under the Family Medical Leave Act (FMLA), if qualified. The employee is permitted the option of taking leave without pay from the City while receiving those benefits allowed by the provisions of the State Workers’ Compensation Act, or the employee may integrate his/her accumulated 272
16 Sick Leave or Vacation Leave to his/her credit, with temporary disability benefits paid under the State Workers Compensation Act. In no instance shall an employee receive dual compensation from the City and the Workers’ Compensation Insurance Fund.

If the employee is still in need of medical care thirty (30) days after the work related and reported injury, the employee has the right to be treated by a doctor of his/her choice.

13. SPECIAL LEAVE

13.1 Miscellaneous Leave With Pay
An employee shall be granted leave of absence with full pay for:

1. Jury service;

2. Subpoena of him/her as a witness in a City matter; or

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

Paid leaves of absence will not apply if an absence for any of the above reasons falls on a day which is not a regularly scheduled work day, including flex days off.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.
273
17 Employees who appear in court as a plaintiff or defendant in any action not related to their official duties shall not be paid for time away from work, unless that time is previously approved in writing for the use of accumulated paid leave, except sick leave. Eligible employees may be allowed unpaid time off or use vacation leave, administrative leave, or compensatory time if summoned to appear in court as a witness in a non-City matter.

Under no circumstances, unless approved by the Personnel Officer, may an employee use a leave of absence without pay for the purposes of working for another employer or to pursue self-employment.

13.3 Family Care and Medical Leave
Family leave shall be as identified in the City's Personnel Rules and Regulations entitled "Family Care and Medical Leave Policy."

14. BENEFITS AND INSURANCE

14.1 City Contribution
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 or applied to the Ventura County Federal Credit Uniont or an individual account administered by the City. Cafeteria Plan options include health, dental, vision.

Effective the first full pay period commencing on or after December 1, 2023, the City shall following adoption of the Agreement by the City Council, the City shall provide $11001350.00 per month ($550675.00 paid for the 1st or 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 20212024, the City shall provide $1150 1450 per month ($575725.00) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 2022, the City shall provide $1250 per month ($625.00) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).
274
18 Employees 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 $1000.00 per month. Employees who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $1,000, shall be eligible to cash out the difference between $1,000 and the cost of the premium.

14.2 Eligibility
When an employee commences work with the City, his/her benefit distribution selection shall become effective the first of the month following date of employment. Deductions for benefits shall be made one month in advance for which coverage is provided.

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 $650 annual fee and the $4.95 per 275
19 enrolled employee administrative fee per month. Should fewer than ten employee’s 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.

Unit employees wishing to participate in Gym Membership program will agree to participate in the Santa Paula Police Officer’s Association Physical Fitness and Wellness Program, and comply with the requirements of the program prior to seeking reimbursement.

14.7 Life Insurance
The City provides group term life insurance coverage to $100,000 for each employee.

15. RETIREMENT

15.1 PERS Plan
276
20 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 Employees’ Pension Reform Act of 2013 (PEPRA) Miscellaneous members hired prior to March 20, 2006 will be provided with the 2.5% @ 55, Tier One (1) service retirement formula;
Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;
The retirement allowance will be computed on the highest one (1) year of compensation.

All Unit members pay their portion of the member’s employee contribution to CalPERS.

16. WORKING CONDITIONS

16.2 Work Site Safety Practices
277
21 Unit members shall cooperate with management in maintaining good work site safety practices in all facilities.

16.3 Reporting Unsafe Conditions
Unit members shall be responsible for reporting to their immediate supervisor any condition believed to be unsafe or unhealthy.

16.4 Investigations
The City will investigate such reports and take appropriate action to correct conditions found to be unsafe or unhealthy.

16.7 Layoff Procedure
Until such time as the parties have met and conferred regarding an alternative, the City will continue to use its existing rules as a layoff procedure whenever a layoff affects members of the unit.

An employee who wishes to rescind his or her resignation must do so in writing and the writing must be delivered to the City Manager by the close of business on the second business day of the "cooling off' period. An employee who timely rescinds his or her resignation during the "cooling off' period shall not be considered to have been separated and shall be treated as if there was no break in service. Any time during which such an employee is 278
22 absent from work as a result of resigning shall be unpaid.

17. DRUG AND ALCOHOL TESTING
The City must comply with Federal requirements on random drug and alcohol testing. City will continue to enforce the adopted City policy.

18. CONCERTED ACTIVITIES

18.3 Lockout
The City agrees not to engage in any lockout.

18.4 Court Enforcement
Furthermore, the Unit and City agree that the provisions in this Article are enforceable in a court of law, once the grievance procedures have been exhausted.

19. GRIEVANCE
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Grievance Procedures, as set forth in the Personnel Rules and Regulations.

20. DISCIPLINARY ACTION
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Disciplinary Procedures, as set forth in the Personnel Rules and Regulations. 279
23 21. COMPLETION OF MEET AND CONFER
The parties acknowledge that, for the life of this Agreement, each voluntarily and unqualifiedl y
waives the right and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter covered by this Agreement.

22. SEVERABILITY
If any provisions of this MOU are held to be contrary to law by a court of competent jurisdiction, such provisions will not be valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect; however, no provisions in this MOU shall be construed to result in an illegal discriminatory act based on race, creed, sex or national origin.

23. TERM
This Agreement shall be in effect from July 1, 2021October 4, 2023 through June 30, 20232025. It shall continue in effect thereafter from year to year unless either party gives one hundred twenty (120) days notice prior to the yearly anniversary date, to terminate or modify this Agreement.

24. FINALITY OF RECOMMENDATIONS
Upon ratification by the City Council and the Unit membership, the recommendations set forth above are final. No changes or modifications shall be offered, urged or otherwise presented by said Unit or the City Manager to the City Council for the period of the MOU, except as mutually agreed upon by the Unit and the City Manager.
280
24 COMMUNITY SERVICES OFFICERS UNIT CITY OF SANTA PAULA ________________________________ __________________________________ Kate BaderGena Rios Irma Rodriguez-Moisa
Chief Labor Negotiator
________________________________ ___________________________________ Jasmine Freeman Lorena Alvarez
Human Resources Administrador

281
25 EXHIBIT “A”

POSITION CLASSIFICATION
Job Class: Position Title_________________
500 CSO
Community Services Officer
Evidence Technician
Records Clerk

282
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: STREET DIVISION VEHICLE PURCHASE
Date: October 4, 2023
Agenda Item: 9.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to purchase one (1) new service truck for the Public Works Department, Streets Division, at the estimated price of $123,926.69, inclusive of a 15% contingency.

BACKGROUND:

The Public Works Department, Streets Division fleet has six (6) service vehicles. Staff conducted a review of the fleet in December 2019 to assess the condition of the vehicles and determine replacement needs. These vehicles are extensively used in daily field maintenance operations throughout the City. Some have reached the end of their useful life cycle and are requiring additional maintenance, which comes at a high cost.

Funding for purchasing one new service truck was included in the adopted FY 2023-2024 Budget. Due to manufacturing delays combined with impacts from the UAW strike, it could take 1 to 2 years to get a service truck ordered and built from Ford Motor Company. National Auto Fleet Group, (our Sourcewell contract dealer), has one service truck in stock and is available to purchase. This service truck is available nationally and could be sold at any time.

Staff recommends immediate purchase of this vehicle before it becomes unavailable.

ANALYSIS:

Staff is seeking Council consent to purchase this service truck. Council's consent is required to purchase the vehicle through Sourcewell, a cooperative purchasing program, pursuant to Santa Paula Municipal Code section 41.11.

Equipment manufacturing and supply-side delivery delays continue to be problematic and the need for division replacement vehicles has become a serious concern. Staff is recommending the Council approve the purchase of one, conventional fuel service truck with a utility bed. This truck is a gasoline-powered vehicle that is considerably cleaner than the existing diesel powered vehicle it will replace. Hybrid and fully electric super duty service trucks are not 283
available for purchase at this time. It is unknown when a manufacturer will offer a heavy duty hybrid or fully electric truck in the future.

If approved, Staff will present the replaced vehicle as surplus (fleet) equipment requesting Council approval for their sale at a future public meeting.

STRATEGIC PLAN:

The approval of this item is not a goal or objective in City Council’s Two-Year Strategic Plan; however, the purchase of this new equipment will contribute toward staff’s ability to provide excellent customer service to the community in a cost-effective manner.

FISCAL IMPACTS:

Staff solicited and received quotes for purchasing one (1) 2024 Ford F-350 2WD Crew Cab 179” WB service truck from National Auto Fleet Group (nationally recognized cooperative purchasing agent) and an approved government contract through Sourcewell Contract 091521-NAF. There is sufficient funding for purchasing this service truck, including costs for outfitting with the appropriate DOT approved lighting equipment and utility bed storage equipment.

Table 1: Funding Sources
Gas Tax Fund Account No. Amount
Equipment - New 280-5022-610 $127,813
There are sufficient funds available to cover these expenses in the adopted FY 2023-2024 Budget.

Sourcewell Quote ID #25826RL Ford F-350 2WD Pickup
Ford F-350 2WD Pickup $59,936.24
15% Contingency 8,990.45
Scelzi Utility Truck Bed and Outfitting 55,000.00
Total Purchase Estimate $123,926.69
OPTIONS:

The Council has the following available alternative options to Staff’s Recommendations:

1. Do not authorize the City Manager to purchase one (1) new service truck for the Streets Division. This would result in increased fleet maintenance costs associated with equipment exceeding its usable life cycle and a decline in work production efficiency within the Streets Division.

ATTACHMENTS:

EXHIBIT A - Ford F-350 Quote.pdf
284

EXHIBIT A
Sourcewell and Scelzi Quote: Ford F-350 Pickup Truck
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9/20/23, 11:35 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 2/10 One Unit
(MSRP)
One Unit Total %
Savings
Total Savings
Contract Price $54,590.00 $52,773.66 3.327 % $1,816.34
PED61895
Tax (8.2500 %) $4,353.83
Tire fee $8.75
Transportation $2,800.00
Total $59,936.24
Jesse Cooper Quoting Department
Account Manager Account Manager
Email: [email protected] [email protected] Office: (855) 289-6572 (855) 289-6572
Fax: (831) 480-8497
9/20/2023 Quote ID: 25826RL
Order Cut Off Date: TBA
Mr Darin Howard
City of Santa Paula
903 Coroporation St
Santa Paula, California, 93060
Dear Darin Howard,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

One (1) New/Unused (2024 Ford Super Duty F-350 SRW (W3E) XL 2WD Crew Cab 179" WB 60" CA, PED61895 ) and delivered to your specified location, each for
- per the attached specifications.

This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
286
9/20/23, 11:35 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 3/10 Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle: www.NAFGETA.com
Use the upfitter of your choice: www.NAFGpartner.com
Vehicle Status: [email protected]
General Inquiries: [email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
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9/20/23, 11:35 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 4/10 Vehicle Configuration Options
ENGINE
Code Description
99N Engine: 7.3L 2V DEVCT NA PFI V8 Gas, (STD)

TRANSMISSION
Code Description
44G Transmission: TorqShift 10-Speed Automatic, (STD)
TIRES
Code Description
TCH Tires: LT275/65Rx18E BSW A/S, (STD)

PRIMARY PAINT
Code Description
Z1 Oxford White

SEAT TYPE
Code Description
AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar

AXLE RATIO
Code Description
X4M Electronic-Locking w/4.30 Axle Ratio, (STD)

ADDITIONAL EQUIPMENT
Code Description
96V
XL Chrome Package, -inc: Power Sliding Rear Glass, Bright Chrome Hub Covers & Center Ornaments, Halogen Fog Lamps, Bright Grille, Remote Start, Chrome Front Bumper, Rear Window Defroster
86M Dual 68 AH/65 AGM Battery
67B 410 Amp Dual Alternators, -inc: 250 Amp + 160 Amp
512 Spare Tire & Wheel, -inc: Excludes carrier, 3-Ton Mechanical Jack 18B Platform Running Boards
61J 3-Ton Mechanical Jack
61L Front Wheel Well Liners (Pre-Installed)
872
Rear View Camera & Prep Kit, -inc: Pre-installed content includes cab wiring and frame wiring to the rear most cross member, Upfitters kit includes camera w/mounting bracket, 20' jumper wire and camera mounting/aiming instructions
288
9/20/23, 11:35 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 5/10 76C Exterior Backup Alarm (Pre-Installed)
43C 110V/400W Outlet, -inc: 1 in-dash mounted outlet and 2nd outlet in the console

OPTION PACKAGE
Code Description
630A Order Code 630A
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9/20/23, 11:35 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 6/10 2024 Ford Super Duty F-350 SRW XL 2WD Crew Cab 179" WB 60" CA

CODE MSRP
W3E $50,515.00
99N $0.00
44G $0.00
TCH $0.00
Z1 $0.00
AS $0.00
X4M $0.00
96V $225.00
86M $0.00
67B $115.00
512 $350.00
18B $445.00
61J INC
61L $180.00
872 $415.00
76C $175.00
43C $175.00
630A $0.00
2024 Fleet/Non-Retail Ford Super Duty F-350 SRW XL 2WD
Crew Cab 179" WB 60" CA

WINDOW STICKER
MODEL
2024 Ford Super Duty F-350 SRW XL 2WD Crew Cab 179" WB 60" CA

OPTIONS
Engine: 7.3L 2V DEVCT NA PFI V8 Gas, (STD)
Transmission: TorqShift 10-Speed Automatic, (STD)
Tires: LT275/65Rx18E BSW A/S, (STD)
Oxford White
Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar Electronic-Locking w/4.30 Axle Ratio, (STD)
XL Chrome Package, -inc: Power Sliding Rear Glass, Bright Chrome Hub Covers & Center Ornaments, Halogen Fog Lamps, Bright Grille, Remote Start, Chrome Front Bumper, Rear Window Defroster
Dual 68 AH/65 AGM Battery
410 Amp Dual Alternators, -inc: 250 Amp + 160 Amp
Spare Tire & Wheel, -inc: Excludes carrier, 3-Ton Mechanical Jack Platform Running Boards
3-Ton Mechanical Jack
Front Wheel Well Liners (Pre-Installed)
Rear View Camera & Prep Kit, -inc: Pre-installed content includes cab wiring and frame wiring to the rear most cross member, Upfitters kit includes camera w/mounting bracket, 20' jumper wire and camera mounting/aiming instructions
Exterior Backup Alarm (Pre-Installed)
110V/400W Outlet, -inc: 1 in-dash mounted outlet and 2nd outlet in the console Order Code 630A
Please note selected options override standard equipment 290
9/20/23, 11:35 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 7/10 $52,595.00
$0.00
$1,995.00
$54,590.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi

SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge

TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.

Notes
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https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 8/10 Standard Equipment

MECHANICAL
Engine: 7.3L 2V DEVCT NA PFI V8 Gas (STD)
Transmission: TorqShift 10-Speed Automatic -inc: 10R140 w/neutral idle, SelectShift and selectable drive modes: normal, tow/haul, eco, slippery roads and trail (STD) Electronic-Locking w/4.30 Axle Ratio (STD)

EXTERIOR
Tires: LT275/65Rx18E BSW A/S -inc: Spare may not be the same as the road tire (STD)

ADDITIONAL EQUIPMENT
50-State Emissions System
Transmission w/Oil Cooler
Rear-Wheel Drive
78-Amp/Hr 750CCA Maintenance-Free Battery w/Run Down Protection HD 250 Amp Alternator
Towing Equipment -inc: Brake Controller and Trailer Sway Control Trailer Wiring Harness
4930# Maximum Payload
GVWR: 11,000 lb Payload Package Complete restrictions/requirements not available.

HD Shock Absorbers
Front And Rear Anti-Roll Bars
Firm Suspension
Hydraulic Power-Assist Steering
40 Gal. Fuel Tank
Single Stainless Steel Exhaust
Front Suspension w/Coil Springs
Solid Axle Rear Suspension w/Leaf Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Upfitter Switches
Wheels: 18" Argent Painted Steel -inc: painted hub covers/center ornaments Clearcoat Paint
Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks Black Side Windows Trim and Black Front Windshield Trim Black Door Handles
Black Power Heated Side Mirrors w/Convex Spotter, Manual Folding and Turn Signal Indicator Manual Extendable Trailer Style Mirrors
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9/20/23, 11:35 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 9/10 Fixed Rear Window
Light Tinted Glass
Variable Intermittent Wipers
Aluminum Panels
Black Grille
Autolamp Auto On/Off Aero-Composite Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off
Cab Clearance Lights
Perimeter/Approach Lights
Radio w/Seek-Scan, Clock and Speed Compensated Volume Control Radio: AM/FM Stereo w/MP3 Player -inc: 6 speakers
Fixed Antenna
2 LCD Monitors In The Front
4-Way Driver Seat -inc: Manual Recline and Fore/Aft Movement 4-Way Passenger Seat -inc: Manual Recline and Fore/Aft Movement 60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer Power Rear Windows
FordPass Connect 4G Mobile Hotspot Internet Access
Rear Cupholder
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls
Manual Air Conditioning
HVAC -inc: Underseat Ducts
Illuminated Locking Glove Box
Interior Trim -inc: Chrome Interior Accents
Full Cloth Headliner
Urethane Gear Shifter Material
HD Vinyl 40/20/40 Split Bench Seat -inc: center armrest, cupholder, storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar Day-Night Rearview Mirror
Passenger Visor Vanity Mirror
Full Overhead Console w/Storage and 2 12V DC Power Outlets Fade-To-Off Interior Lighting
Front And Rear Map Lights
Full Vinyl/Rubber Floor Covering
Smart Device Remote Engine Start
SYNC 4 Communications & Entertainment System -inc: enhanced voice recognition, 911 Assist, 8" LCD center stack screen, AppLink, 1 smart-charging USB port and trailer brake controller 293
9/20/23, 11:35 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/25826?ws=true&se=true&ssdType=QuickQuote 10/10 Instrument Panel Covered Bin and Dashboard Storage
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks
Driver Information Center
Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Seats w/Vinyl Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Securilock Anti-Theft Ignition (pats) Immobilizer
2 12V DC Power Outlets
Air Filtration
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Pre-Collision Assist with Automatic Emergency Braking (AEB) Lane Departure Warning
Collision Mitigation-Front
Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters Safety Canopy System Curtain 1st And 2nd Row Airbags
Dual Stage Driver And Passenger Front Airbags
Rear Child Safety Locks
294
From: Wayne Joiner
To: Darin Howard
Subject: Re: City of Santa Paula truck specs
Date: Monday, September 25, 2023 3:39:31 PM
Good afternoon,
The estimated budget figure for Scelzi Enterprises to duplicate your existing Service Body on new cab & chassis is $55,000.00. If you should have any questions, please feel free to call or email. Thank You
Sent from my iPhone
On Sep 25, 2023, at 3:33 PM, Darin Howard <[email protected]> wrote:

From: Darin Howard
Sent: Thursday, September 21, 2023 2:57 PM
To: '[email protected]' <[email protected]>
Cc: Joe Byrum <[email protected]>; Michael D. White <[email protected]> Subject: City of Santa Paula truck specs
Hi Wayne, here are the specs for the truck we are purchasing. Thank you again for your help.

Darin Howard
City of Santa Paula
Fleet Supervisor
Phone (805) 933-4268
Mobile (805) 727-0159
[email protected]
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“This is an electronic transmission from the City of Santa Paula. This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message.” <Page 4.pdf>
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296
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: SANTA PAULA WATER RECYCLING FACILITY AND WASTE

COLLECTION SYSTEM ON-CALL AND EMERGENCY SCADA

MAINTENANCE SERVICES AGREEMENT
Date: October 4, 2023
Agenda Item: 9.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute a three- year contract (July 1, 2023 to June 30, 2026) with Northern Digital, Inc. (NDI) to provide On-Call and Emergency SCADA Maintenance Services for the Santa Paula Water Recycling Facility and Waste Collection System in a form approved by the City Attorney not to exceed $50,000 per fiscal year.

BACKGROUND:

The Water Recycling Facility (WRF) has been in operation continuously since 2010 and is designed to treat wastewater flows of up to 4.2 million gallons per day (MGD) with a peak operating capacity of 7.0 MGD. SCADA systems are used at the WRF to support real-time monitoring, display process controls, send alarms and notifications, support data logging and analysis and provide remote access and control. SCADA enables the WRF to run optimized processes saving the City operator time and money through improved efficiency.

Wastewater is transported to the WRF through the City’s wastewater collection system (WCS), which includes collection pipelines, several lift stations, and related infrastructure.

ANALYSIS:

On June 27, 2023, City staff advertised a request for qualifications (RFQ) for on-call and emergency SCADA maintenance services for the WRF and WCS. The RFQ was issued to solicit proposals for staff to review, select and recommend contract award to a panel of prequalified firms to provide on-call and emergency SCADA systems services. One proposal was received and opened on July 27, 2023. Northern Digital, Inc. (NDI) was the only proposal received.

The City needs specialized consultants to provide on-call and/or emergency SCADA Integration, Instrumentation, and PLC Programming services work that exceeds staff’s ability. 297
The WRF regularly requires on-call and emergency SCADA maintenance services to maintain plant operations. Services provided under the on-call contract for the WRF will include immediate technical support and troubleshooting in case of system failures, malfunctions, or other critical issues related to the SCADA system. Along with troubleshooting support, the contractor will be providing SCADA integration, instrumentation, PLC Programming services, network support, programming, report generation, and upgrade modifications. These services ensure that the WRF’s SCADA system remains operational and reliable. Under this contract, the selected contractor may also provide on-call services for the WCS, including remote lift station sites.

City staff have verified that NDI is in good standing with the state, allowing them to conduct business in California. This verification ensures the contractor's credibility and compliance with necessary legal requirements. NDI has also been providing SCADA System Upgrades and SCADA Maintenance Services for the WRF from May of 2020 to the present and have received positive, confident feedback from staff.

Staff finds the compensation rates submitted by NDI are acceptable and responsive in meeting the requirements of the RFQ.

STRATEGIC PLAN:

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

This contract will facilitate the continued operation of wastewater collections and treatment for City residents and businesses.

FISCAL IMPACTS:

This contract will be funded from Account No. 610-5-5063-228 within the Sewer Enterprise Fund’s Operations and Maintenance budget.

A three-year on-call Professional Service Agreement will be awarded to NDI with a term of July 1, 2023 to June 30, 2026 in the amount of $50,000 per fiscal year.

OPTIONS:

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

1. Do not authorize the City Manager to execute a SCADA services Contract with NDI for services at the Santa Paula Water Recycling Facility. Doing so would delay critical SCADA repair and maintenance work that cannot always be performed with internal staff.

ATTACHMENTS:

Attachment 1 - NDI SCADA Maintenance Services Agreement.pdf 298
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299
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-1- PROFESSIONAL SERVICES AGREEMENT

CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT
NORTHERN DIGITAL, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this __4th ___ day of _October_______, 20_23__, 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 Northern Digital, Inc., a California Corporation, with its principal place of business at 4701 Corporation Court, Bakersfield, CA 93311 ("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 Wastewater System SCADA 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 Santa Paula Water Recycling Facility and Wastewater Collection System On-Call and Emergency SCADA Maintenance 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 Wastewater System SCADA consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 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 one additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 300
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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 total compensation shall not exceed Fifty Thousand Dollars and no cents ($50,000.00) 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 and included in Exhibit "C" of this Agreement.

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

3.3 Responsibilities of Consultant.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the 301
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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 Schedule of Services.

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

Joseph Marcus.

3.3.6 Consultant's Representative. Consultant hereby designates Joseph Marcus, 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 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 302
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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.

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

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all 304
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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.

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 305
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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:

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 306
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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.

3.3.11.9 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. (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 307
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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.

3.5 Termination of Agreement.

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 309
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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.

3.7.3 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 310
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respective parties may provide in writing for this purpose:

Consultant: Northern Digital, Inc.
4701 Corporation Court
Bakersfield, CA 93311
ATTN: Joseph Marcus
City: City of Santa Paula
PO Box 569
Santa Paula, CA 93061
ATTN: Clete Saunier, Public Works Director
Such notice shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named above; (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named above; (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier; or (iv) on the date and time of delivery shown in the records of the transmitting party after transmission by facsimile machine or email to the recipient named above.

3.7.4 Ownership of Materials and Confidentiality.

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

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design 311
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professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

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

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal 312
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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 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 313
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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.

3.8 Federal Provisions.

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:
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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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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA AND
NORTHERN DIGITAL, INC.

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

CITY OF SANTA PAULA NORTHERN DIGITAL, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

Julie Latshaw,
City Clerk
316
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Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
DOCUMENT AVAILABLE AT THE CITY CLERK’S OFFICE
317
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Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT
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)

2.1.5 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 work: Provided, That if the applicant so participating is a State or local government, the above 319
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Exhibit “A-I-3” PROFESSIONAL SERVICES AGREEMENT
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, 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 320
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Exhibit “A-I-4” PROFESSIONAL SERVICES AGREEMENT
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.

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 321
65283.00007\41133458.1
Exhibit “A-I-5” PROFESSIONAL SERVICES AGREEMENT
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.
322
65283.00007\41133458.1
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

SCHEDULE OF SERVICES
Not applicable
323
65283.00007\41133458.1
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"

COMPENSATION
324
NDI Proposal 80009-16
41 NDI Fee Schedule

CLASSIFICATION RATE SCHEDULE
Northern Digital has a staff of qualified engineers and multidisciplinary employees capable of meeting the requirements of your project. NDI’s staff includes Engineering, Project Management, Finance, CAD Specialists, and Procurement, all capable of meeting the scheduling, testing, inspections, oversight of installation, and training requirements of this project. NDI’s Professional Services Classifications and associated rates can be found below.

Professional Services Classification Code Hourly Rate
Project Manager PM $160.00
Consultant C $175.00
Systems Engineer SE $160.00
Instrumentation, Electrical & Controls (IE&C) Technician FC $120.00 Panel Fabrication PF $100.00
Administrative A $65.00
Vehicle $0.75 per mile

PL EASE NOTE THE FOLLOWING BILLING POLICIES:
 Services are billed in 0.5-hour increments.
 Four (4) hour minimum call-out for services.
 Normal working hours are from 8:00AM to 5:00PM.
 OVERTIME RATES:
o 1.5 Times after eight (8) hours worked, and on Saturdays. o Double-time applies to Sunday & Holidays.
*Rate may vary due to changes in the IRS determined Standard Mileage Reimbursement Rate *Travel & Expenses Costs will follow GSA Guidelines
 Parts and Materials: NDI’s cost plus 15%
 Travel Time To / From Job Site: Billed for Two (2) Hour per Travel Day per this Rate Schedule.

Fixed Percentage Increase: The Consultant's (NDI’s) compensation shall be increased by a fixed percentage of 3% annually, with the first adjustment to take effect on the first anniversary of the Effective Date. The fixed percentage increase shall be applied to the Consultant's compensation in effect at the time of the adjustment. 325
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: SECOND READING AND ADOPTION OF ORDINANCE NO. 1331

AMENDING THE DEVELOPMENT CODE TO DEFINE AND REGULATE

SMALL-SCALE ALCOHOL PRODUCTION FACILITIES
Date: October 4, 2023
Agenda Item: 9.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

At the City Council regular meeting of September 6, 2023 the City Council introduced and waived the first reading of Ordinance No. 1331. The proposed Ordinance is presented tonight for second reading and adoption by Council.

Staff has evaluated options for amending the City’s Zoning Ordinance to establish a framework to accommodate small-scale microbrewery, distillery, winery, seltzer, meadery, or cidery, which engages in production of alcoholic beverages, including a review of best practices. Staff have reviewed potential amendments to the City’s Development Code with a view to incorporating those additional related uses. A draft of the proposed City’s Development Code Amendment is attached to this report as Attachment A. This new framework will allow for these types of emerging businesses and related uses in a greater range of zones than was permitted under the previous framework. Currently the City’s Development Code only allows for large scale alcohol production in Industrial land-use designations.

ANALYSIS:

The City of Santa Paula in its adoption of the General Plan has committed to attracting and growing local businesses, including start-ups and other small business initiatives. There are current challenges in the commercial business environment and in order to support emerging trends and new niche businesses within the City, new strategies and modifications to existing codes are warranted; nationally and regionally there has been an increase in new businesses engaged in the small-scale production of alcohol, including microbreweries, distilleries, 326
wineries, meaderies, and cideries with associated tasting rooms. There has been growing interest from local and regional entrepreneurs to update existing regulations and allow smallscale on-site fermentation and distillation facilities, along with the consumption of alcoholic beverages, in accordance with state regulations for such uses. To stay current with this trend and further General Plan goals, staff is recommending amendments to the Zoning Ordinance to define and regulate these new activities locally.

The proposed ordinance would allow the operation of small-scale alcohol production facilities within the following commercially designated zones: General Commercial (C-G), Commercial Office (C-O), Central Business District (CBD) and Commercial/Light Industrial (C-LI). with the approval of a Conditional Use Permit and the State Department Alcoholic Beverage Control (ABC) and an enforcement agreement with the city. The aforementioned uses would not be allowed in Neighborhood Commercial Zones (C-N). The new framework of the ordinance will allow for these types of emerging businesses and related uses in a greater range of zones than is permitted under the existing framework.

Overview of Changes
The new brewpubs framework will allow for these types of emerging businesses and related uses in a greater range of zones than was permitted under the previous framework. Though these uses are similar in that they each produce alcoholic beverages, there are some distinguishing characteristics as described below.

Micro-Brewery
A micro-brewery is defined by industry standards to produce less than 2,000 barrels (63,000 gallons) of beer, wine, seltzer, mead, or cider.

Small-Scale Breweries
Small-scale breweries defined by industry standards consist of a building or structure used for the production of no more than 15,000 barrels per year of beer (472,500 gallons). Accessory uses can include a private hospitality area, an area for retail sales, an area for sale of alcoholic beverages made off site, special events and tours and an office for administrative purposes. Small-scale breweries are proposed to be permitted in the C-G, C-O, CBD and C-LI zoning district. A cidery or meadery would also be permitted as per the definition of smallscale brewery.

Craft Breweries
A craft brewery produces fewer than 6 million barrels of beer per year. According to the Brewers Association, a craft brewery is one that produces at least 2 million barrels of beer per year. Because of the scale of the operation, it is proposed that such a use would be restricted to industrial zoned lands, in particular the I and L-I zones.

Large-Scale Breweries
Large-scale breweries produce larger quantities of beer (greater than 6 million gallons per year) than small- scale breweries, but are proposed to have the same range of permitted accessory uses. Because of the scale of the operation, it is proposed that such a use would be restricted to industrial zoned lands, in particular the I and L-I zones. 327
Brewpubs
A brewpub consists of two uses: a small-scale brewing facility and a restaurant. The restaurant component would involve the preparation and serving of food and other refreshments to the public for consumption within or outside the building, as well as preparation of food in a ready-to-consume state for consumption off the premises. Brewpubs are proposed to be permitted in a range of commercial and industrial zones as follows: C-G, C-O, CBD, and C-LI.

Small-Scale Wineries, Cideries and Meaderies
Wineries, cideries and meaderies are permitted as are proposed to be permitted within the CG, C-O, CBD, and C- LI zones. In addition, proponents must also demonstrate that there is appropriate servicing (water and wastewater) available.

Small-Scale Distilling Facility
Small Scale Distilling Facilities must produce less than 100,000 gallons of spirits annually to be considered small-scale. Because the distilling process presents more hazards from a combustibility standpoint (regardless of scale) with respect to the California Building and Fire Codes, a distillery will be subject to more stringent Fire and Building & Safety Code review.

Further, parking and loading requirements for the primary use and any accessory uses are set out in the proposed ordinance to the zoning by-law. The proposed parking requirements are similar to the parking requirements for a warehouse use (as was previously applied to such facilities), but must also account for accessory uses that may form part of the operation such as tasting room or restaurant.

Notification
A public hearing was duly noticed for the City Council meeting of October 4, 2023 by publication in the Santa Paula Times and the City website. The publication date, mailings, and legal postings took place on September 15, 2023.

Environmental Review
The proposed zone text amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption). Under that Section, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed zoning amendment itself will not have a significant effect on the environment, and independent CEQA review will be conducted upon each application for an entitlement.

STRATEGIC PLAN:

The proposed amendments supports the Operational Excellence Strategic Plan Goal by reviewing and updating the development code to reduce or eliminate irrelevant information while proving updates. In addition, the ordinance amendment is in alignment with Economic Development by enhancing the economic vitality of the community through measures targeted towards development and business retention and expansion and attraction, resulting in 328
diverse housing options, increased revenue generation, job creation, and a business-friendly community.

FISCAL IMPACTS:

The amendments to the ordinance could improve business attraction and as a result lead to the generation of revenues from project applications, permits and new business sales tax.

OPTIONS:

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

1. Decline to approve Staff's recommendation and direct staff to make further edits to the proposed Ordinance.

ATTACHMENTS:

ATTACHMENT A ORDINANCE NO. 1331 - Small-Scale Alcohol Production Facilities-c1.docx 329

ATTACHMENT A
ORDINANCE NO. 1331
330
ORDINANCE NO. 1331

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

SECTION 1: Recitals
A. Santa Paula Municipal Code (“SPMC”) § 16.15.020 provides for permitted and conditional uses of land in commercial zones. The proposed Development Code (“Code”) amendment would expressly authorize small scale alcohol production, as defined, within the C-LI, C-G, C-O, and CBD, excluding the C-N zone.

B. The proposed amendment was reviewed by the City’s Planning Division for, in part, consistency with the General Plan and conformity with the Santa Paula Municipal Code.

C. The City Planning Division reviewed the proposed amendment’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated there under (14 Cal.

Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”; CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”).

D. On August 22, 2023, the Planning Commission opened a public hearing to receive public testimony and other evidence regarding the proposed amendment and whether to approve Resolution No. 3851 to recommend the proposed amendment to the City Council for adoption by ordinance.

E. The Commission approved Resolution No. 3851 based upon the evidence presented to the Commission at its August 22, 2023 hearing including, without limitation, the staff report submitted by the Planning Division.

F. A public hearing for City Council consideration of the proposed amendments was set for September 6, 2023, notice of which was given pursuant to SPMC §

16.208.040(A).

G. At the September 6, 2023 meeting, the City Council held a public hearing and considered the information provided by City staff and public testimony.

H. At a regular meeting of City Council held on October 4, 2023, City Council adopted the proposed ordinance. This Ordinance, and its findings, are made based upon such evidence presented to the City Council at its September 6, 2023 and October 331
4, 2023 meetings including, without limitation, the staff report submitted by the Planning Division.

Santa Paula City CouncilOctober 4, 2023

Santa Paula City Council
October 4, 2023