City of Santa Paula
City Council Regular
MAYOR CARLOS JUAREZ
VICE MAYOR JENNY CROSSWHITE
COUNCILMEMBER LESLIE CORNEJO
COUNCILMEMBER PEDRO A. CHAVEZ
COUNCILMEMBER GABRIELA ORNELAS
CITY COUNCIL REGULAR MEETING OF THE
SANTA PAULA CITY COUNCIL REGULAR
WEDNESDAY, JUNE 17, 2026
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, CITY ATTORNEY
City of Santa Paula - City Council Regular - City Council Regular Meeting 1
CITY COUNCIL REGULAR MEETING
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. Special and Closed Sessions vary by date and time.
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 Regular - City Council Regular Meeting 2
1. CALL TO ORDER
REMINDER: in order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.
2. INVOCATION
3. FLAG SALUTE
4. ROLL CALL
5. CLOSED SESSION REPORT
6. PUBLIC COMMENT
At this time, members of the public may comment on any item not appearing on the agenda that is within the subject-matter jurisdiction of the City Council. A Public Comment Form must be submitted to the City Clerk prior to the beginning of the Public Comment period in order to be recognized to speak. Individuals submitting Public Comment Forms after the beginning of the Public Comment period will not be allowed to speak at this time, but may be recognized to speak by the Mayor at the conclusion of the meeting. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. The City Council may direct the City Manager 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 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.
HOW TO VIEW ON YOUR TELEVISION, COMPUTER, OR MOBILE DEVICE: Watch from home live on the local Channel 10, or view the live feed on the city website at the following link: https://www.spcity.org/523/Public-Meeting-Agendas NOTE: Special and Closed Sessions are not recorded and not available on Channel 10 or live feed on the city website.
MEETING ENVIRONMENT
To maintain a public meeting environment conductive and welcoming to receive public comments from all members of the public, the audience is discouraged from engaging in displays of support or opposition to staff reports or public comments, including clapping, yelling, booing, hissing, or cheering, that may create a disruptive environment for the public who wish to express their views during the meeting are encouraged to do so in silent, nondisruptive ways -- such as raising a hand, shaking hands, or another quiet gesture of support or opposition that does not obstruct views or interrupt proceedings.
Members of the public holding signs are asked to hold the signs on their person in front of them or move to the back of the room so as not to obstruct the view of other members of the public wishing to participate in the meeting.
REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council Regular - City Council Regular Meeting 3 consideration. If a member of the public wishes to address a Consent Calendar item, please submit a Public Comment Form for that item. It may then be discussed separately by the Council, and the public will be invited to make comments at that time. At all times, please use the microphone and write your name and address on the Public Comment Form provided.
7. PRESENTATIONS
7.A PRIDE MONTH PROCLAMATION
7.B JUNETEENTH PROCLAMATION
7.C MEN'S MENTAL HEALTH AWARENESS MONTH PROCLAMATION
7.D COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT QUARTERLY REPORT
RECOMMENDATION:
That the City Council receive and file the report.
Presented by: James Mason, Community & Economic Development Director
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORTS
10. CONSENT CALENDAR
Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.
10.A APPROVAL OF MINUTES
City Council Special Meeting June 3, 2026
City Council Regular Meeting June 3, 2026
RECOMMENDATION:
Staff recommends Council approve minutes.
10.B MAY 2026 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:
Staff recommends that the City Council:
1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for May 2026, starting check number 344175 and ending check number 344412.
2. Review and accept the "Certification of Salaries" for the pay period ending dates May 1st, 2026, through May 15th, 2026.
10.C CONTRACT FOR THE UNION OIL BUILDING ROOF REPLACEMENT City of Santa Paula - City Council Regular - City Council Regular Meeting 4 PROJECT WITH SOLAR ROOFING & ENERGY STORAGE, INC.
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute a contract with Solar Roofing & Energy Storage, Inc. for the Union Oil Building Roof Replacement, in the amount of $160,503.20.
10.D ARTIFICIAL INTELLIGENCE (AI) POLICY
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 7620 to approve the amended Artificial Intelligence (AI) Use & Governance Policy for the City of Santa Paula.
10.E FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
MERCHANT MCINTYRE AND ASSOCIATES FOR LEGISLATIVE
ADVOCACY SERVICES
RECOMMENDATION:
Staff recommends City Council:
1. Authorize the City Manager to execute a fifth amendment to the professional services agreement with Merchant McIntyre and Associates (MMA) for federal legislative advocacy services, in an amount of $60,000, extending the term from July 1, 2026, to June 30, 2027, and increasing the total not to exceed amount to $372,000.
10.F ADOPT A RESOLUTION ESTABLISHING A CITY COUNCIL MEETING DISTRUPTION POLICY IN ACCORDANCE WITH SENATE BILL 707
RECOMMENDATION:
Staff recommends the City Council Approve Resolution No. 7621 adopting the proposed Meeting Disruption Policy in accordance with new State law.
10.G AWARD CONTRACT FOR INSTALLATION OF FULL CAPTURE STORM
DRAIN TRASH EXCLUDERS
RECOMMENDATION:
Staff recommends that the City Council:
1. Award a contract to Downstream Services, Inc. for the installation of fullcapture storm drain trash excluders; and
2. Authorize the City Manager to execute the contract in an amount not to exceed $75,837.00, based on unit pricing and actual quantities installed.
10.H APPROVAL OF CONTRACT WITH CLP ENGINEERING, LLC FOR OWNER’S ENGINEERING REPRESENTATIVE SERVICES RELATED TO
ENERGY RESILIENCY IMPROVEMENTS AT THE WATER RECYCLING
FACILITY
City of Santa Paula - City Council Regular - City Council Regular Meeting 5 RECOMMENDATION:
Staff recommends the City Council:
1. Approve Task Order No. 2 with CLP Engineering, LLC (CLPE) for Owner’s Engineering Representative Services related to energy resiliency improvements at the Water Recycling Facility (WRF) in an amount not to exceed $250,000; and
2. Authorize the City Manager to execute Task Order No. 2 and any minor administrative amendments consistent with the approved scope of work and budget.
10.I POLICE DEPARTMENT VEHICLE PURCHASE
RECOMMENDATION:
Staff recommends that City Council:
1. Review costs for one police vehicle
2. Waive informal bidding requirements for the vehicle purchases pursuant to SPMC section 41.10 on the grounds that the purchase is "required and desirable."
11. PUBLIC HEARING
Verification of posting notice by City Clerk
Declaration of conflicts (if any)
Declaration of ex parte contacts (if any)
Open public hearing
Staff presentation
Public comments
Close public hearing
Discussion and action
11.A SANTA PAULA GEOLOGIC HAZARD ABATEMENT DISTRICT FISCAL YEAR 2026/27 ANNUAL BUDGET AND ASSESSMENT LEVY
RECOMMENDATION:
Staff recommends that the GHAD Board of Directors:
1. Conduct a public hearing on the proposed assessment levy for the Santa Paula Geologic Hazard Abatement District
2. Adopt Resolution 7617 approved the fiscal year 2026/2027 budget and extending a $1,292.00 assessment levy per residential parcel onto the fiscal year 2025/2026 tax roll for the Santa Paula Geologic Hazard Abatement District.
Presented by: Dale Goodman, Director of Public Works
11.B HILLSBOROUGH OPEN SPACE MAINTENANCE DISTRICT ASSESSMENT RECOMMENDATION:
City of Santa Paula - City Council Regular - City Council Regular Meeting 6 Staff recommends that the City Council:
1. Conduct a public hearing on the proposed assessment for the Hillsborough Open Space Maintenance District.
2. Adopt Resolution No. 7618 placing a $150 per parcel special assessment onto the December 2026 tax roll for the Hillsborough Open Space Maintenance District.
Presented by: Dale Goodman, Director of Public Works
12. ACTION ITEMS
12.A ATHENS SERVICES REQUEST FOR EXTRAORDINARY ADJUSTMENT
TO MAXIMUM SERVICE RATES FOR RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICES
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve Athens Services’s request for an additional three (3) consecutive one-percent (1%), permanent annual rate increases to the maximum rates for residential and commercial solid waste collection services set forth in the current Exclusive Collection Services Agreement.
2. If the rate increase request is approved, approve provisions of the proposed Amendment implementing the rate increase, clarifying the Extraordinary Rate Adjustment process, and requiring Athens to reimburse the City for Proposition 218 costs up to $30,000.
3. Approve a provision of the proposed Amendment regarding City's permissible use of fees set forth in Section 3.05.
4. Authorize the City Manager to execute the proposed Amendment with approved provisions.
Presented by: Bruce Belluschi, Management Analyst
12.B AGREEMENT TO LOAN CITY OIL ARTIFACTS AND ARCHIVES TO THE
RESPONSIBLE ENERGY COUNCIL
RECOMMENDATION:
Staff Recommends that the City Council:
1. Approve a loan agreement with the Responsible Energy Council (REC) to implement the Memorandum of Understanding (MOU) with REC for the content management and care of the City's holdings of oil artifacts and documents.
2. Authorize the City Manager to execute the loan agreement.
Presented by: Monica Castillo, City Attorney
12.C CONTRACT EXTENSION WITH SPIRIT OF SANTA PAULA FOR
HOMELESS SHELTER SERVICES AND LETTER OF INTENT WITH
RESCUE MISSION ALLIANCE
RECOMMENDATION:
Staff recommends that the City Council:
City of Santa Paula - City Council Regular - City Council Regular Meeting 7 1) Adopt a first amendment to the Agreement to Provide Financial Support for the Operations of a Permanent, Year -round Shelter Serving Homeless Individuals; and
2) Adopt a first amendment to the Operating Agreement with Spirit of Santa Paula for Operating of the Harvard Shelter; and
3) Adopt a Letter of Intent regarding transition of the Harvard Shelter operations to the Rescue Mission Alliance for a three-year partnership Presented By: James Mason, Community & Economic Development Director
12.D AGREEMENT WITH THE SANTA PAULA CHAMBER OF COMMERCE FY26-27
RECOMMENDATION:
Staff recommends City Council:
1. Authorize the City Manager to enter into a professional services agreement with the Chamber of Commerce for FY2026/2027.
Presented by: Santa Paula Chamber of Commerce
13. ITEMS FOR FUTURE AGENDAS
13.A FUTURE AGENDA ITEMS
RECOMMENDATION:
Staff recommends City Council review future agenda items.
14. CLOSED SESSION
15. ADJOURNMENT
State of California )-
County of Ventura )- ss
City of Santa Paula )-
I declare under penalty of perjury that I posted this City Council Agenda on the bulletin board near the front door of City Hall, 970 Ventura Street, Santa Paula, California.
On_________________ at______________Signed:_________________________ Julie Latshaw
City Clerk
City of Santa Paula - City Council Regular - City Council Regular Meeting 8 To: Honorable Mayor and Members of the City Council Regular From: James Mason, Community & Economic Development Director Subject: COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
QUARTERLY REPORT
Date: June 17, 2026
Agenda Item: 7.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
That the City Council receive and file the report.
Presented by: James Mason, Community & Economic Development Director BACKGROUND:
PLANNING
Planning Commission Activities
February 24, 2026
Public Hearing: The Planning Commission adopted Resolution No. 3879 approving a Conditional Use Permit (CUP) for Cocina 1912, located at 1069–1073 East Main Street. The CUP authorizes the sale of alcoholic beverages pursuant to a California Department of Alcoholic Beverage Control Type 47 license and permits indoor and outdoor entertainment activities, including live music, amplified sound, and special events, subject to conditions of approval.
March 24, 2026
Public Hearing: The Planning Commission adopted Resolution No. 3880 recommending that the City Council repeal Resolution No. 7202, which established design and development standards for wireless telecommunications facilities within the public right-of-way, and replace it with updated regulations. The proposed ordinance includes revised design standards, insurance requirements, and appeal procedures.
April 28, 2026
Public Hearing: The Planning Commission adopted Resolution No. 3882 approving Planned Development Permit No. 2025-PD-01 for the construction of a new two-story hillside singlefamily residence with an attached three-car garage on a vacant lot located at 563 Glade Drive, 9 subject to conditions of approval.
Public Hearing: The Planning Commission adopted Resolution No. 3883 approving a Planned Development Permit for the construction of a new hillside single-family residence on two vacant lots located at 286 View Drive, subject to conditions of approval.
Public Hearing: The Planning Commission adopted Resolution No. 3885 approving Conditional Use Permit No. 2025-CDP-04 and Design Review for a proposed 1,025-squarefoot commercial building with a drive-through facility at 537 West Harvard Boulevard (Dutch Bros Coffee), subject to conditions of approval.
Business Licenses
Between November 2025 and January 2026, staff issued five commercial business licenses and nine home occupation permits.
Planning Applications
Eight new planning applications were received between February and April 2026.
COMMERCIAL DEVELOPMENT UPDATE
Good Orchard Event Center & Café (133 Mill Street)
Renovation and tenant improvements are underway for the adaptive reuse of the former Wesley Hall building. The project includes a catering and event center, café, and associated alcohol service. Plan review has been completed and construction activities are progressing.
East Area Gateway Commercial Center (Hallock Drive / SR-126 / Telegraph Road) Development plans continue to advance for a proposed 113,000-square-foot commercial center consisting of a grocery store, inline retail space, and multiple restaurant pads. Design review is currently underway, and the applicant is anticipated to submit a Conditional Use Permit application for Planning Commission consideration in March 2026. Formal project plans are expected during the second quarter of 2026.
INDUSTRIAL DEVELOPMENT UPDATE
Bender Property (Todd Road and SR-126)
Bender Farms is actively constructing an additional 76,000-square-foot industrial shell building. Site improvements, including parking and landscaping, are underway, and the facility is being actively marketed to prospective tenants.
ARP Expansion (1700 Lemonwood Drive)
Development plans are being prepared for a manufacturing and warehouse expansion on a vacant parcel adjacent to ARP's existing operations.
RESIDENTIAL DEVELOPMENT UPDATE
Former Kmart Site (859 Faulkner Road)
10 Harridge Development Group has completed design review for a proposed residential development consisting of 181 market-rate for-sale townhomes and 31 affordable for-sale units with two-, three-, and four-bedroom floor plans. Site demolition is expected to commence following final coordination with the project's affordable housing development partner.
Harvard Street Apartments (12th Street and Harvard Boulevard) The proposed 16-unit affordable housing development has completed design review. Revised project plans are currently under staff review.
Citrus Flats – Red Tail Apartments (18004 East Telegraph Road) Construction of the 298-unit apartment community is nearing completion. The project includes 162 affordable units (40 very-low-income and 122 low-income units) and 136 market-rate units. Certificates of Occupancy have been issued for approximately 30 percent of the project, and initial tenant occupancy is anticipated to begin in August.
Mixed-Use Senior Housing Project (603 East Main Street) The proposed development includes approximately 6,800 square feet of commercial space and 27 senior apartment units. The developer is coordinating with the Housing Authority to connect prospective residents through the Section 8 waiting list. Project plans remain under review.
Harvest at Limoneira – East Area 1
Development activity continues at a strong pace. All Phase 1 lots have been sold to homebuilders, and approximately 617 homes are occupied. The 121 units within Phase 1B have been acquired by Lennar and Richmond American Homes.
Lennar has also acquired all 545 units comprising Phase 2 (Foothill Neighborhood), with 18 homes already sold. Construction activity continues throughout the neighborhood.
Additionally, Lewis Management has submitted preliminary plans for a mixed-use development south of the Sports Park along Santa Paula Street. The project concept includes rental duplexes, live-work units, and neighborhood-serving retail uses.
Topa Vista Views Apartments
Homes to Hope, Cabrillo Economic Development Corporation, and the Santa Paula Housing Authority continue to collaborate on a proposed 90-unit affordable housing development adjacent to Teague Park. Preliminary financing has been secured, concept plans have been submitted, and the development team has completed community outreach through public open house meetings.
BUILDING & SAFETY
PERMIT ACTIVITY February– April 2026
11 2025 NUMBER OF PERMITS TOTAL VALUATION
Building Permits 82
Plumbing Permits 31
Electrical Permits 83
Mechanical Permits 08
TOTAL 204 $32,296,826.41
2026 NUMBER OF PERMITS TOTAL VALUATION
Building Permits 101
Plumbing Permits 28
Electrical Permits 47
Mechanical Permits 10
TOTAL 186 $48,604,719.94
CODE COMPLIANCE
Between February and April 2026, Code Compliance staff opened 24 new code enforcement cases and successfully resolved and closed 12 cases were closed..
Staff continues to support Cruise Night and other community special events by coordinating with street vendors and mobile food vendors to ensure compliance with applicable permitting and licensing requirements. In addition, staff has initiated a community outreach effort focused on recreational vehicle (RV) storage regulations. The outreach program emphasizes voluntary compliance with municipal code requirements while promoting neighborhood safety, property maintenance, and public health standards.
ECONOMIC DEVELOPMENT
Business Retention and Expansion
Staff continues to engage commercial and industrial brokers, property owners, and business leaders to identify opportunities for business attraction, retention, and job creation. On February 13, staff presented development updates and business attraction strategies during a regional brokers' round-table. Staff also participates in regular business round-tables, Property-Based Improvement District (PBID) coordination meetings, and Business Connect outreach visits.
Business Attraction
Available commercial and industrial properties continue to be marketed through the Community and Economic Development Department website. Staff is actively working with brokers and prospective businesses regarding several employment-generating industrial opportunities.
In addition, staff has prepared a draft Business Attraction Toolkit and is collaborating with the Chamber of Commerce, Ventura County Community College District, brokers, and local businesses to finalize materials for use in marketing and recruitment efforts.
OTHER ACTIVITIES
12 Housing and the Unhoused
The Cities of Santa Paula and Fillmore, along with Ventura County, continue to collaborate on an inter-jurisdictional funding agreement supporting operations at the Spirit of Santa Paula Harvard Shelter. Funding for the first portion of the fiscal year has been distributed, and discussions continue regarding long-term funding, governance, and operational strategies.
Downtown Improvements
Staff continues outreach and coordination with Downtown Façade Improvement Program applicants, with the first improvement project scheduled to begin this month. Multiple City departments are also working with the Chamber of Commerce and PBID to advance downtown enhancements, including parking, lighting, wayfinding, and signage improvements.
A draft Commercial Vacancy Ordinance is expected to be presented to the Economic Development Standing Committee, PBID, City Council, and Planning Commission during the third quarter of 2026.
Mobile Home Rent Stabilization Review
Staff conducted two community workshops regarding the City's Mobile Home Rent Stabilization Ordinance and received input from more than 150 residents. Staff is currently evaluating community feedback and industry best practices for incorporation into a proposed ordinance update.
The next step will be a City Council workshop to review potential revisions and receive additional public input prior to final ordinance consideration.
Permitting and Plan Check Software Implementation
Planning and Building Division staff continue weekly coordination meetings regarding implementation of the GovWell permitting, plan review, and project management platform. The system is now fully operational, and staff anticipates providing demonstrations to the Planning Commission and City Council during the third quarter of 2026.
REAP 2.0 Grant
The City Council recently reviewed the results of a SCAG-funded design charrette focused on redevelopment opportunities for an infill site on East Harvard Boulevard. Recommendations included consideration of mixed-use development opportunities incorporating retail and healthcare services, along with additional analysis of parking and traffic circulation.
Project Isabella
Staff continues to serve on the Project Isabella Board of Directors and implementation task force. Development of the first Care Hub location at Briggs School is underway and will provide a centralized location for community-based family and children's services.
Housing Opportunities Made Easier (HOME)
Department staff continues to serve on the Board of Directors for Housing Opportunities Made 13 Easier (HOME) and works with regional partners to promote innovative affordable housing solutions throughout Ventura County.
Countywide Farmworker Housing Study
Staff serves on the Farmworker Housing Advisory Council and is collaborating with regional stakeholders to identify opportunities and address barriers associated with the development of affordable and accessible farmworker housing and supportive services throughout Ventura County.
ANALYSIS:
STRATEGIC PLAN:
FISCAL IMPACTS:
OPTIONS:
ATTACHMENTS:
14 To: Honorable Mayor and Members of the City Council Regular From: Julie Latshaw, City Clerk
Subject: APPROVAL OF MINUTES
City Council Special Meeting June 3, 2026
City Council Regular Meeting June 3, 2026
Date: June 17, 2026
Agenda Item: 10.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends Council approve minutes.
BACKGROUND:
An account of all proceedings of the Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare an abbreviated record of the meeting proceedings for approval by the Legislative Body which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meeting need not be verbatim. Only the best and most complete available recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim record of the meeting is not available. Unless requested by a majority of the quorum, the minutes may be approved without reading.
ANALYSIS:
None.
STRATEGIC PLAN:
This item is not a goal or objective in the City Council's two-year Strategic Plan, however, the Minutes shall constitute the official record of the Legislative Body.
FISCAL IMPACTS:
There are no fiscal impacts for this item.
OPTIONS:
None.
15 ATTACHMENTS:
2026.06.03 City Council Special Minutes.pdf
2026.06.03 City Council Regular Minutes.pdf
16 CITY OF SANTA PAULA
City Council Special Meeting
June 3, 2026, 4:00 PM
MINUTES
1) CALL TO ORDER
Mayor Juarez called the meeting to order at 4:00 p.m.
2) ROLL CALL
Members Present: Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, Pedro A Chavez, and Gabriela Ornelas
3) PUBLIC COMMENT
None.
4) CLOSED SESSION
4.A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1), Title: City Manager, 2026 Review Council recessed to closed session.
Councilmember Ornelas left the meeting at 5:10 pm due to an emergency.
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported there was no reportable action taken. 6) ADJOURNMENT
Mayor Juarez adjourned the meeting at 6:30 p.m.
Julie Latshaw, City Clerk
ATTEST:
17 CITY OF SANTA PAULA
City Council Regular Meeting
June 3, 2026, 6:30 PM
MINUTES
1) CALL TO ORDER
Mayor Juarez called the meeting to order at 6:30 p.m.
2) INVOCATION
Carolyn Bjerke provided the Invocation.
3) FLAG SALUTE
Councilmember Cornejo led the flag salute.
4) ROLL CALL
Members Present: Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, and Pedro A Chavez
Members Absent: Gabriela Ornelas
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported Council met in closed session with no reportable actions taken on the following: Public Employee Performance Evaluation Pursuant to Government Code 54957(b)(1), Title: City Manager, 2026 Review.
6) PUBLIC COMMENT
Gena Mathwin and Linda Banner-Bacin was called to speak on speed reduction in The Oaks neighborhood due to safety concerns. Printed copy of their presentation was provided and handed out to Council.
Richard Rudman was called to speak announcing upcoming events. 7) PRESENTATIONS
7.A) ARBOR DAY POEM CONTEST WINNERS
18 Parks & Recreation Director introduced the Arbor Day Poem Contest Winners Olivia Johnson, Millie Figeroa, Stephanie Moreno, who read their poems. Certificates of Achievement was presented to each.
7.B) FINANCE DEPARTMENT REPORT
Accountant Fabian Castellon, presented the Finance Department Activity Report January - April 2026.
7.C) PUBLIC WORKS DEPARTMENT, ACTIVITY REPORT - JANUARY 1 - APRIL 31,2026
Public Works Director Dale Goodman presented the Public Works department Activity Report January - April 2026.
8) CITY COUNCIL REPORTS
Councilmember Cornejo: Attended Ventura Regional Sanitation District meeting; Senior Advisory Committee; Housing Trust event fundraiser in Moorpark; Santa Paula Basin Pumpers Annual meeting; Annual Chamber Awards; Santa Paula Unified School District/City Council Joint Committee (2x2) Meeting.
Councilmember Chavez: Reminded residents to sign up for the City Newsletter; announced all is invited to the Santa Paula Social Service Coalition Community Fair; and Congratulations to the Class of 2026.
Vice Mayor Crosswhite: Attended Santa Paula High School Awards Ceremony at the Art Museum; Santo Niño de Atocha Ceremony; Santa Paula Police Department Special Olympic Torch Run; Clean Power Alliance Executive Committee meeting will report out at the next meeting; Southern California Association of Governments meetings; Heritage Valley Policy Advisory Committee meeting; and California Council of Governments.
Mayor Juarez: Attended the Santo Niño de Atocha Ceremony; War Memorial; Parks & Recreation meeting; 150th Anniversary Odds Fellows Lodge meeting; announced Cruise Night this Friday for June, none in July, and will continue in August, September and October; and plans to adjourn the meeting in memory of Judy Felps.
9) CITY MANAGER REPORTS
City Manager Dan Singer: Attended Chamber Mixer; Hospital Forum; Santa Paula Unified School District/City Council Joint Committee (2x2) Meeting; announced Chief Aguilar presented at the Rotary meeting; and attended Business Connect with Bevyhouse.
10) CONSENT CALENDAR
19 10.A) APPROVAL OF MINUTES
City Council Special Meeting May 14, 2026
City Council Special Meeting May 20, 2026
City Council Regular Meeting May 20, 2026
10.B) CONFLICT OF INTEREST CODE - BIENNIAL REVIEW
10.C) DISSOLVING OF THE CANNABIS STANDING COMMITTEE
10.D) CALLING THE NOVEMBER MUNICIPAL ELECTION AND
REQUESTING CONSOLIDATION WITH THE STATEWIDE ELECTION
Motion: Approve Consent Calendar with Councilmember Cornejo abstain on the May 20, 2026 minutes.
Moved by Pedro A Chavez, seconded by Leslie Cornejo
Vote: Motion carried 4-0
Yes: Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, Pedro A Chavez 11) ACTION ITEMS
11.A) REVIEW AND DIRECTION REGARDING VCOG REAP 2.0
CONCEPTUAL INFILL REDEVELOPMENT ACTION PLAN (IRAP) FOR
THE EAST HARVARD INFILL SITE LOCATED AT 1397 E. HARVARD BLVD.
Nichole Garner, AICP - Senior Planner (Sanbell) provided a presentation on VCOG REAP 2.0 Conceptual Infill Redevelopment Action Plan (IRAP) for the East Harvard Infill Site Located at 1397 E. Harvard Blvd.
Motion: Approve Concept 1: Senior and Multi-Family Housing with Commercial and Through Street: Approximately 138 units with 8,250 S.F. of commercial/retail, resulting in a density of 22 dwelling units/acre (du/ac.), with reduction in units to offset the parking needed.
Moved by Leslie Cornejo, seconded by Pedro A Chavez
Vote: Motion carried 4-0
Yes: Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, Pedro A Chavez
11.B) ARTIFICIAL INTELLIGENCE (AI) POLICY
Administrative Fellow Nicholle Azpera provided a presentation on the Artificial Intelligence (AI) Policy.
Following discussion, the City Council provided feedback, edits, and recommendations to further refine the policy as the City continues evaluating the potential implementation of AI tools across various municipal functions and bring back for final approval.
12) ITEMS FOR FUTURE AGENDAS
12.A) FUTURE AGENDA ITEMS
20 13) ADJOURNMENT
Mayor Juarez adjourned the meeting at 9:10 pm in memory Judy Felps, longtime resident of Santa Paula passed away on May 20th as a result of her battle with cancer.
Julie Latshaw, City Clerk
ATTEST:
21 To: Honorable Mayor and Members of the City Council Regular From: Beatriz Jimenez, Assistant Finance Director
Subject: MAY 2026 WARRANTS AND CERTIFICATIONS
Date: June 17, 2026
Agenda Item: 10.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for May 2026, starting check number 344175 and ending check number 344412.
2. Review and accept the "Certification of Salaries" for the pay period ending dates May 1st, 2026, through May 15th, 2026.
BACKGROUND:
This staff report certifies the separation of duties between the Preparer (Accounting and Payroll Specialist) and the Reviewer (Finance Director and Assistant Finance Director).
Presented in the attached documents:
a) CERTIFICATION OF ACCOUNTS PAYABLE CHECKS by check number range and dates.
It also discloses any voided checks.
b) EXPENSE REPORTS showing the amount and funds accounts payable came from.
The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for the vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check number (entitled 'number'). d) PY-PAYROLL for benefit payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type.
f) Fund Summary by fund the accounts payables utilized. 22 CERTIFICATION OF SALARIES
This is the certification (separation of duties between "preparer" and the "reviewer") of salaries and benefits (payroll checks) by fund. It lists salary (payroll) issued checks by beginning and ending check number, payroll ending dates May 1st, 2026, through May 15th, 2026.
ANALYSIS:
See the attachment to this staff report for expense breakdown by respective fund.
STRATEGIC PLAN:
None.
FISCAL IMPACTS:
None.
OPTIONS:
As an alternative to staff's recommendation, the City Council may:
1. Decline to receive and file May 2026 Certifications of Accounts Payable Checks and Certifications of Salaries.
ATTACHMENTS:
May 2026 AP and PY Certifications.pdf
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 To: Honorable Mayor and Members of the City Council Regular From: Greg Barnes, Parks and Recreation Director
Subject: CONTRACT FOR THE UNION OIL BUILDING ROOF REPLACEMENT PROJECT WITH SOLAR ROOFING & ENERGY STORAGE, INC.
Date: June 17, 2026
Agenda Item: 10.C
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute a contract with Solar Roofing & Energy Storage, Inc. for the Union Oil Building Roof Replacement, in the amount of $160,503.20.
BACKGROUND:
On November 16, 2022, in a move that was both unprecedented and unexpected, Chevron offered to donate the Property to the City, including the main building, the rig building, and the adjacent parking lot. Chevron also agreed to give the city a $2-million grant to pay for related deferred maintenance and, for a nominal price, various pieces of memorabilia and artifacts.
Staff received direction from City Council at the November 20th, 2024, Council meeting regarding use of the $2-million. Half of the gift was to be placed in a high interest-bearing account to be used for future maintenance needs and the remaining balance used on identified facility priorities. Those priorities and estimated costs presented to Council were:
Roof Replacement & Repair Flagpole $285,000
HVAC Repairs / Replacement $175,000
Abatement of Mold, Lead, Asbestos, & Radon $65,000
Waterproofing Basement / Facility $175,000
Repair Exterior Doors $30,000
Total $730,000
In addition to the roof replacement project being presented to City Council this evening for approval, other items listed above are also being addressed:
Partial abatement has been completed. Additional work is being scheduled. Waterproofing efforts are underway. Contract is being issued for the excavation; waterproofing will follow.
38 ANALYSIS:
The roof replacement project was advertised in the Santa Paula Times and posted publicly.
Bid documents were publicly opened and certified by the City Clerk on March 24th, 2026, in City Council Chambers. Six bids were received. The bid results are as follows:
Felsen Group $287,500
BKM General Services $273,080
Rainy Day Roofing, Inc. $161,810
Solar Roofing & Energy Storage, Inc. $145,912
Southland Roofing, Inc. $186,500
Best Contracting Services, Inc. $192,000
Staff finds that the low bid submitted by Solar Roofing & Energy Storage, Inc is an acceptable bid, is responsive, and meets the requirements of the bid documents. Bidding rules require that the City Council award the contract to the lowest responsive and responsible bidder or reject all bids.
The attached agreement (EXHIBIT B) is for an up to amount of $160,502.20, which will allow for a 10% contingency, if needed.
STRATEGIC PLAN:
Although this item does not directly address the City's Council's Strategic Plan, it will allow the city to preserve a historic resource, attract tourism, and promote the City's standing as a regional leader of the arts, culture, and entertainment reflective of the City's values and history.
FISCAL IMPACTS:
Funding for the Union Oil Building Roof Replacement is included in the approved Fiscal Year 2025–2026 budget and is located in fund 207-5-1531-650. No additional General Fund impact is anticipated beyond the approved budget allocation.
OPTIONS:
City Council has the following alternative options to staff's recommendation:
1. Do not award the contract to Solar Roofing & Energy Storage, Inc.
If Council chooses not to award the contract, staff will be required to start the bid process over by advertising for bids, hold a public bid opening, and bring another contract before Council for consideration.
ATTACHMENTS:
EXHIBIT A: Certified Bid Opening Union Oil Building Roof Replacement.pdf EXHIBIT B: Union Oil Building Roof Replacement Agreement_Solar Roofing 2026.pdf 39 40
65283.00001\42594969.1
CITY OF SANTA PAULA
SHORT FORM CONSTRUCTION CONTRACT
Union Oil Building Roof Replacement
1. PARTIES AND DATE.
This Contract is made and entered into this 18th day of June, 2026 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 Solar Roofing & Energy Storage Inc. a Corporation with its principal place of business at 25147 Jack Rabbit Acres, Escondido, CA 92026 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing asbestos abatement and roofing related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: B
2.3 Project. City desires to engage Contractor to render such services for the Santa Paula Oil Museum Roof Replacement Project (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a Certificate of General Liability Insurance, a Certificate of Commercial Automobile Insurance, a Certificate of Workers’ Compensation Insurance, a copy of their Department of Industrial Relations registration, a Payment Bond, a Performance Bond, a Prevailing Wage Certification, a copy of their Contractor’s License, and a Business License as required by the Contract.
3. TERMS
3.1 Compensation and Payment.
3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor up to the Contract Price of One Hundred Sixty Thousand, Five Hundred Two Dollars and Twenty Cents ($160,502.20) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (90) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more 41 65283.00001\42594969.1
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than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under 42 65283.00001\42594969.1
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this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Scope of Work (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• 2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9 (Exhibit “G”)
• Contractor’s License (Exhibit “H”)
• Insurance (Exhibit “I”)
• Department of Industrial Relations Registration (Exhibit “J”) To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.3 Contractor’s Basic Obligation; Scope of Work.
3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures 43 65283.00001\42594969.1
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and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
3.3.3 Change Orders. Changes to the Contract Time (as defined in Section
3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 44 65283.00001\42594969.1
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3.4 Substitutions / ”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.5 Period of Performance and Liquidated Damages.
3.5.1 Contractor shall perform and complete all Work under this Contract within 90 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.
Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Thousand Six Hundred Twenty One Dollars ($1,621.00) per day for each and every calendar day of delay beyond the Contract 45 65283.00001\42594969.1
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Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
3.5.3 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 occurring at the project site; (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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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 the City in its capacity as a municipal authority.
3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor 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, and workers’ compensation insurance. 46 65283.00001\42594969.1
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3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.
3.9 Labor.
3.9.1 Prevailing Wages. Contractor 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. Since the Work is 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. Work must be performed within the hours of 7 a.m. and 5 p.m. unless otherwise notified, in writing, by the City.
3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what 47 65283.00001\42594969.1
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respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor 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 Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor 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 48 65283.00001\42594969.1
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performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
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3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.
Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws and Regulations. Contractor 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 Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
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3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.10.8 Air Quality. Contractor 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 California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.
3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s 51 65283.00001\42594969.1
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ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.
3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, 52 65283.00001\42594969.1
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and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost, including calculations and supporting documents
3.12.4.6 Time impact analysis in CPM format
3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.
3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period 53 65283.00001\42594969.1
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of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
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3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.
The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.12.10 Government Code Claim Procedures.
3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
3.12.10.3 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 adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.
3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this 55 65283.00001\42594969.1
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section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.14 Indemnification.
3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.15 Insurance.
3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the 56 65283.00001\42594969.1
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subcontractor 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 Contract for cause.
3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.
Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor 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. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
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3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.
3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.
3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit 58 65283.00001\42594969.1
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of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.
3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.16 Bond Requirements.
3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 59 65283.00001\42594969.1
20 SHORT FORM CONSTRUCTION CONTRACT
3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.18 Employee/Labor Certifications.
60 65283.00001\42594969.1
21 SHORT FORM CONSTRUCTION CONTRACT
3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.
3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented immigrants, 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 subcontractors and sub-subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.20 General Provisions.
3.20.1 City’s Representative. The City hereby designates the Parks & Recreation Director, Greg Barnes, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.20.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory 61 65283.00001\42594969.1
22 SHORT FORM CONSTRUCTION CONTRACT
coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.20.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.20.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.20.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
SOLAR ROOFING & ENERGY STORAGE INC.
25147 JACK RABBIT ACRES
ESCONDIDO, CA 92026
ATTN: DAVID MASSEY, OWNER
CITY:
CITY OF SANTA PAULA
970 VENTURA STREET
SANTA PAULA, CA 93060
ATTN: GREG BARNES, PARKS & RECREATION DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.20.6 Time of Essence. Time is of the essence in the performance of this Contract.
3.20.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by 62 65283.00001\42594969.1
23 SHORT FORM CONSTRUCTION CONTRACT
Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.20.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.20.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Ventura, State of California.
3.20.10 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 other costs of such action.
3.20.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.20.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.20.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.20.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.20.15 Certification of License.
3.20.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
63 65283.00001\42594969.1
24 SHORT FORM CONSTRUCTION CONTRACT
3.20.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.20.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.20.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.20.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.20.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]
64 65283.00001\42594969.1
25 SHORT FORM CONSTRUCTION CONTRACT
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF SANTA PAULA
AND SOLAR ROOFING & ENERGY STORAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF SANTA PAULA
Approved:
By:
DAN SINGER
CITY MANAGER
ATTESTED:
By: _______________________________
Julie Latshaw
City Clerk
APPROVED AS TO FORM:
______________________________
Monica Castillo
City Attorney
SOLAR ROOFING & ENERGY STORAGE
INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name: _________________________
__1109997____________________________
Contractor’s License Number and
Classification
__2000007774_________________________
DIR Registration Number
65 65283.00001\42594969.1
Exhibit A - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “A”
SCOPE OF WORK
CITY OF SANTA PAULA OIL MUSEUM ROOF REPLACEMENT
PROJECT
PROJECT LOCATION:
1001 EAST MAIN STREET, SANTA PAULA, CA 93060
The purpose of this scope of work is to acquire bids for replacement of the City of Santa Paula Oil Museum roof. The following line items must be included in a cost estimate:
1.0 Site Preparation
1.1 Ensure all roof openings, skylight wells, HVAC vents and plumbing vents are protected to prevent air contamination. Cover openings with a minimum of 2 layers of plastic sheeting. All existing HVAC equipment, ducts, condensate lines and conduits to be removed prior by others.
1.2 Provide roll off dumpster for the duration of the project for the disposal of all nontoxic and building material trash generation. Dumpster to be located in rear parking area (1 no.)
2.0 Abatement
2.1 Provide 1 no. designated hazardous material sealed trash dumpster for all abatement waste and disposal. Per City of Santa Paula Code regulations, dumpster must be supplied by Athens Services.
2.1.1. Contractor to verify availability of hazardous waste dumpster and coordinate order with work schedule prior to commencement of project.
2.2 Remove all existing built-up roofing and roof materials identified in the FCG Environmental Survey Report dated July 30th, 2023 (Appendix A)
2.2.1. Asbestos abatement required for removal of all roof black mastic, all roof black felt and all existing torch down material identified as “grey shingles” in the report located on interior side of parapet walls.
2.2.2. Contractor to refer to FCG Environmental Survey Report dated July 30th, 2023, for all Abatement. Section 5.0 Asbestos Bulk Sampling, Table No. 3 and Section
7.2 Conclusion – Asbestos Survey Finding Recommendations.
3.0 Testing and Clearance to be completed prior to continuation of construction
3.1 Contractor to facilitate, coordinate and prepare job site for independent testing of post abatement areas.
3.1.1. Schedule for the testing consultant to be confirmed by the contract- or prior to completion of abatement and Project Manager notified.
3.1.2 Report to be submitted to Project Manager (RWC) for review and approval.
3.2 City of Santa Paula to be responsible for associated testing fees. 66 65283.00001\42594969.1
Exhibit A - 2 SHORT FORM CONSTRUCTION CONTRACT
4.0 Demolition and removal of all remaining roof materials, existing curbs and existing roof accessories as defined below
4.1 Remove & replace all existing sheet metal gutter and flashing as required for leak repair.
4.2 Remove & replace all existing sheet metal scupper flashing as required for leak repair.
4.3 Remove & replace all existing roof drains (6 no).
4.4 Remove & replace all existing HVAC equipment built-up curbs and existing skylight built-up curbs.
4.5 Remove existing whirlybird ventilation fans, 2 no. at lower roof and 2 no. at upper roof areas (4 no.).
4.6 Remove existing roof hatch assembly including existing built-up curbs.
4.7 Remove and safely store existing skylights located in upper roof (2 no.).
4.8 Remove existing weather station equipment and unsecured uplight fixture. Store both items for future client use.
5.0 Installation of New Roof
5.1 Inspect existing roof sheathing and underlying materials for damage and replace as requireed with like material.
5.2 Enlarge existing roof hatch opening to accommodate new code compliant larger roof hatch assembly (4’ x 4’). Coordinate new opening size and new built-up curb with new roof access ladder, new roof mounted guardrail and new roof material.
5.3 Install new built-up curbs at former HVAC equipment locations, existing skylight locations and new roof access hatch.
5.4 Install new medium sump clamp ring and cast-iron beehive dome roof drains Manuf. Josam or approved equal (6 no.).
5.5 Prepare existing and repaired roof surface for new roof adhesion.
5.6 Install new high performance, multi-ply low-slope roof system comprised of fiberglass base sheet and torch-applied modified mineral roll sheet for Class “A” fire rating on entire roof surface and interior of all parapet walls per manufacturer’s specifications (5,800 sq. ft.).
6.0 Installation of Flashing
6.1 Install continuous (approx.14” width) ga. metal coping flashing at all exterior and interior parapet walls (508 lin. ft.). Flashing to completely cover parapet top surface with 3” drip edges over pressure treated anchored nail plate. Flashing to be primed and painted with min. 2 coats PPG “Timeless” color # 1058-6 or approved equal. Color to match existing brick color.
6.2 Install new continuous standard 4” width ga. metal flashing with min. 1” lip at interior corner of cupola and lower roof assembly (9 lin. ft.).
6.3 Install new continuous standard 4” width ga. metal flashing with min. 1” lip at all (6 no.) existing masonry chimneys (approx. 56 lin. ft.).
6.4 Install new continuous standard 4” width ga. metal flashing with min. 1” lip at 2 no. at new built-up curbs for skylight wells (approx. 43 lin. ft.).
6.5 Install new ga. metal flashing at all new square gravity vent stacks (19 lin. ft.).
6.6 Install new ga. metal jack flashing at Toilet Room vent stacks, 1 no. at lower roof Public Toilet Room, and 1 no. at upper roof Toilet Room (2 no. total).
6.7 Apply sealant to all flashing per manufacturer’s specifications. 67 65283.00001\42594969.1
Exhibit A - 3 SHORT FORM CONSTRUCTION CONTRACT
7.0 Installation of New Roof Accessories
7.1 Install new tread walkway (20” min. width for current code compliance) polyester reinforced .096 (2.4mm) weldable membrane with surface embossment. Manuf. American Grating “GRIDWALK” system or approved equal. Walkway to extend to all existing roof HVAC platforms (175 lin. ft.).
7.2 Install step-over stairs at upper roof interior parapet locations (2 no.).
7.3 Install new fixed extruded aluminum heavy duty access ladder to exterior of 2nd floor Storage Room window to allow for lower roof access. , Manuf. O’Keefe’s Inc. or approved equal (1 no.).
7.4 Install new fixed extruded aluminum heavy duty roof access ladder, Manuf. O’Keefe’s Inc. or approved equal. New ladder and installation to integrate with roof hatch assembly for current code compliance (1 no.).
7.5 Install new roof hatch at existing roof hatch location. New roof hatch to meet current California codes (min. 16 sq. ft. clear opening with min. 2’ clear width). Manuf. Bilco, model #:
F-50 48x48 Aluminum Roof Hatch or approved code compliant equal (1 no.).
7.6 Install new guardrail at roof hatch, Manuf. Bilco, Model # RL2-F 48×48 Hatch Railing or approved code compliant equal (1 no.).
7.7 Install new fire safe square roof gravity vents Manuf. Able Sheet Metal Economy Gravity Vents ga. metal 14” x 14” square with ¼” 23 ga. square mesh or approved equal ( 4 no.)
7.8 Install new fire safe exhaust vents at lower roof Staff Toilet Room. Manuf. Air King or approved equal (2 no.).
7.9 Reinstall existing stored skylights, reattach on new curbs, flash and seal.
Additional Info:
• Project to be completed to and comply with all accepted industry standards and all current applicable Building and Safety codes.
• Manufacturer Roof Warranty for a minimum 20-year life. • Contractor and all sub-contractors are required to maintain a clean job site at all times including but not limited to: removal of all trash and excess materials daily, all construction areas to be swept daily and kept generally free of litter, excess materials and waste.
• Contractor to ensure job site is secure at all times. At NO time shall the job site be unlocked and accessible to the general public. All doors to remain locked, alarmed and opened only in coordination with City Maintenance staff and/or Project Manager. • Upon completion of work, contractor to repair all damaged items and areas caused during construction.
• Contractor to coordinate all required inspections for new roof including but not limited to: demolition, framing required for new roof hatch opening and guardrail, walkway and step overs, prior to new roofing placement and all applicable code compliance. Project Manager (RWC) to be notified prior to inspections.
68 65283.00001\42594969.1
Exhibit A - 4 SHORT FORM CONSTRUCTION CONTRACT
• Contractor to be responsible for pulling of permit, job card and job site inspection sign offs. All site documentation to be provided to the Project Manager upon completion of project.
69 65283.00001\42594969.1
Exhibit B - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “B”
PLANS AND SPECIFICATIONS
70 Exhibit #4 Sheet 1 of 2
71 (F)HVAC
(E)SKY LIGHT
(E)METAL ROOF
LOWER
ROOF
UPPER
(E)SKY LIGHT ROOF
HVAC
PARAPET WALLS
UPPER
ROOF
(N)ROOF DRAIN (N)ROOF DRAIN
(N) ROOF DRAIN
LEGEND
NEW ROOF PLAN
OIL MUSEUM BUILDING
NOT TO SCALE NORTH
3 no. (N)
(N)TOIL. RM. VENTS
(E)TOIL. RM. VENT-TO
REMAIN
(N) SQ.
GRAVITY VENT
METAL ROOF
NEW TREAD WALKWAY
(N) 4' x 4' ROOF
HATCH & GUARD
RAIL ASSEMBLY
(N) TREAD
WALKWAY
(N) STEP-OVER
STAIRS
(N) STEP-OVER
STAIRS
(N)TREAD
WALKWAY
(N) FIXED ALUM.
LADDER
(N)TREAD
WALKWAY
(N) TREAD
WALKWAY
UP
UP
UP UP
TO REMAIN
N.I.C.
(E)OCTAGONAL
CUPOLA w/WOOD
FLAGPOLE
N.I.C.
(E)BAY WINDOW
PROJECTIONS
(TYP. @ 4 PLACES)
N.I.C.
(N) SQ.
GRAVITY VENT
(N) SQ.
GRAVITY VENT
(N) SQ.
GRAVITY VENT
(N)ROOF DRAIN
(F)HVAC
(F)HVAC
(N)ROOF DRAIN (N)ROOF DRAIN
(E)TOIL. RM. VENT-TO
REMAIN
EXISTING NEW
FUTURE
(E)
(N)
(F)
Exhibit #4 - Sheet 2 of 2
72 65283.00001\42594969.1
Exhibit C - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 73 65283.00001\42594969.1
Exhibit D - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
Solar Roofing and Energy Storage Inc.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
74 65283.00001\42594969.1
Exhibit E - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor: Solar Roofing & Energy Storage Inc.
DIR Registration Number: 2000007774
DIR Registration Expiration: __06-30-2026________________________ Small Project Exemption: _____ Yes or __x___ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor: Solar Roofing and Energy Storage Inc.
Signature:
Name and Title:
Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 75 65283.00001\42594969.1
Exhibit F - 2 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
76 77
78 79
80 81
82 83
84 85
65283.00001\42594969.1
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “G”
THE GREENBOOK
2024 Greenbook
I, the undersigned Contractor, am aware of the provisions of 2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
Solar Roofing and Energy Storage Inc.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
86 65283.00001\42594969.1
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “H”
CONTRACTOR’S LICENSE
87 Data current as of 4/27/2026 5:00:05 PM
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Contractor's License Detail for License #
1109997
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
Business Information
SOLAR ROOFING AND ENERGY STORAGE INC
25147 JACK RABBIT ACRES
ESCONDIDO, CA 92026
Business Phone Number:(760) 580-7559
Entity Corporation
Issue Date 09/12/2023
Reissue Date 04/25/2025
Expire Date 04/30/2027
License Status
This license is current and active.
All information below should be reviewed.
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with PHILADELPHIA INDEMNITY INSURANCE COMPANY .
Bond Number: PB10163410207
Bond Amount: $25,000
Effective Date: 04/25/2026
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual DAVID MATTHEW MASSEY certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.
Effective Date: 04/25/2025
Workers' Compensation
An employee service group holds the workers compensation insurance.
Policy Number:WC898633101
Effective Date: 06/01/2025
Expire Date: 06/01/2026
Workers' Compensation History
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions.
Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ). Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database. B - GENERAL BUILDING
C39 - ROOFING
C46 - SOLAR
88 Copyright © 2026 State of California
Miscellaneous Information
04/25/2025 - LICENSE REISSUED TO ANOTHER ENTITY
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Accessibility Certification
89 65283.00001\42594969.1
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “I”
INSURANCE CERTIFICATE
90 04/20/2026
Coastal American Insurance Services
34145 Pacific Coast Hwy,
Suite 165
Dana Point CA 92629
Colleen Woods
(949) 388-9758 (866) 456-5806
[email protected]
Solar Roofing and Energy Storage Inc
25147 Jack Rabbit Acres
Escondido CA 92026
Kinsale Insurance Company 38920
Scottsdale Insurance Company 41297
25-26
A Pollution $1,000,000 Y Y 0100322760-1 08/29/2025 08/29/2026 1,000,000
100,000
Excluded
1,000,000
2,000,000
2,000,000
A
0 Y Y 0100394848-0 08/29/2025 08/29/2026
5,000,000
5,000,000
B
Excess Liability-2nd Layer CXS4062352 08/29/2025 08/29/2026 Each Occurrence $3,000,000
Aggregate $3,000,000
City of Santa Paula is included as additional insured, primary/non-contributory and waiver of subrogation as indicated above.
City of Santa Paula
970 Ventura Street
Santa Paula CA 93060
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC # NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS: PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER: (Per accident)
(Ea accident)
$
$ N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$ OCCUR
CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
91 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND PRIMARY AND NON-CONTRIBUTORY
AS REQUIRED BY WRITTEN CONTRACT- BLANKET
Attached To and Forming Part of Policy
0100322760-1
Effective Date of Endorsement
08/29/2025 12:01AM at the Named
Insured address shown on the Declarations
Named Insured
Solar Roofing and Energy Storage Inc.
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
A. SECTION II – WHO IS AN INSURED is amended to include any person(s) or organization(s) you are required to include as an Additional Insured on this Policy by written contract in effect during the policy period and executed prior to the “occurrence” of the “bodily injury” or “property damage”, but only for such “bodily injury” or “property damage” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(1) In the performance of your ongoing operations; or
(2) In connection with your premises owned or rented to you.
However:
1. The insurance afforded to such Additional Insured only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract to provide for such Additional Insured.
B. The insurance provided by this endorsement shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory.
C. With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF INSURANCE:
The most we will pay on behalf of the Additional Insured is the amount of insurance:
1. Required by the written contract; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 92 93
94 95
65283.00001\42594969.1
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “J”
DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
96 Updates are coming in Aprilto the DIR Services Portal! Soon, Contractors and Awarding Bodies will have a NEW link to access PW Services. Public Works users need to update bookmarks when the new PUBLIC WORKS PORTAL is released.
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2000007774 - SOLAR ROOFING AND ENERGY STORAGE INC
2000007774 - SOLAR ROOFING AND ENERGY STORAGE INC
Customer Account Lookup
Address
PWCR
2000007774
Contractor Status
CSLB
1109997
Business Phone
7605807559
Ext
Registration Start Date
2025-07-01
DIR Approved
Legal Entity Name
SOLAR ROOFING AND ENERGY STORAGE INC
Doing Business As (DBA)
SOLAR ROOFING AND ENERGY STORAGE INC
Business Structure
President
David Massey
Email
[email protected]
Registration End Date
2026-06-30
Corporation
Crafts
Roofer General Building
Mailing Address
25147 Jack Rabbit Acres
Mailing Address - City
Escondido
Mailing Address - State
CA
Mailing Address - Zip
Physical Address
Physical Address - City
Physical Address - State
Physical Address - Zip
97 Related Lists
Registration Dates 2
92026
Mailing Address - Country
United States
Physical Address - Country
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Policy
Disclaimer Nondiscrimination
Notice
Accessibility dir.ca.gov Copyright 2026 State of California 98 To: Honorable Mayor and Members of the City Council Regular From: Nicholle Azpera, Americorp Fellow
Subject: ARTIFICIAL INTELLIGENCE (AI) POLICY
Date: June 17, 2026
Agenda Item: 10.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 7620 to approve the amended Artificial Intelligence (AI) Use & Governance Policy for the City of Santa Paula.
BACKGROUND:
On June 3, 2026, staff presented the proposed Artificial Intelligence (AI) Use & Governance Policy and Resolution No. 7620 to the City Council for review and discussion. The proposed policy was developed to establish a governance framework for the responsible, ethical, secure, and transparent use of AI technologies in City operations.
During its review, the City Council, overall, supported the policy and directed staff to make several revisions prior to adoption. Council's recommendations included expanding language regarding human oversight and user responsibilities, including acknowledgment of AI hallucinations; providing additional context regarding the purpose and need for an AI policy; replacing references to "staff" with "users" throughout the policy; and reorganizing the Definitions section, including the addition of a definition for Secure Enterprise AI.
Staff has incorporated the requested revisions and is returning the updated policy for City Council consideration. The policy continues to provide guidance regarding acceptable and prohibited uses of AI technologies, human oversight requirements, cybersecurity protections, public records considerations, user responsibilities, and disclosure practices. Attachment 1, Sample AI Uses, remains included to provide practical examples of appropriate AI applications and higher risk uses requiring additional oversight.
Adoption of the policy will provide the City with a formal governance framework to support responsible innovation while protecting confidential information, maintaining public trust, and ensuring compliance with applicable laws and City policies.
ANALYSIS:
Following a review of the proposed Artificial Intelligence (AI) Use & Governance Policy on 99 June 3, 2026, the City Council directed staff to revise and strengthen the policy prior to adoption. Council's recommendations included:
Expand language throughout the policy regarding human oversight and human judgment, emphasizing that AI tools are intended to support, not replace, human decision-making.
Further define user responsibilities, including acknowledgment that AI systems may produce inaccurate, incomplete, or potentially fabricated information, and that all AIgenerated content must be reviewed and verified by users prior to use.
Add additional context explaining why the City is adopting an AI policy, including the need to promote responsible innovation, maintain public trust, protect sensitive information, and establish consistent standards for AI use.
Replace references to "staff" with "users" throughout the policy to ensure the policy applies broadly to all authorized users of City AI systems.
Reorganize the policy's Definitions section and incorporate a definition for Secure Enterprise AI to better distinguish approved enterprise-grade AI tools from publicly available AI platforms.
Staff incorporated these revisions into the updated policy presented for Council approval.
STRATEGIC PLAN:
The proposed amended Artificial Intelligence (AI) Use & Governance Policy supports the City of Santa Paula FY 2025–2027 Strategic Plan by advancing the City's goals related to operational excellence, innovation, technology modernization, customer service, and public safety.
The policy establishes a framework for the responsible, secure, and ethical use of AI technologies to improve service delivery, operational efficiency, communication, and public engagement while maintaining transparency, cybersecurity protections, and meaningful human oversight.
FISCAL IMPACTS:
Adoption of the proposed amended Artificial Intelligence (AI) Use & Governance Policy is not anticipated to have a significant immediate fiscal impact on the City’s General Fund. Existing staff resources will be utilized for policy implementation, employee guidance, and administrative oversight.
Future fiscal impacts may arise if the City elects to procure enterprise AI software platforms, cybersecurity enhancements, employee training programs, or additional AI-related technology solutions. Any future expenditures associated with AI software, pilot programs, or expanded technology initiatives would be evaluated and presented to the City Council for consideration through the annual budget process or separate Council action, as applicable, or may be a part of existing, adopted budgets.
The proposed policy is intended to establish governance, risk management, and operational guidelines prior to broader implementation of AI technologies within City operations.
OPTIONS:
100
The following options are available for City Council consideration: approve and adopt the proposed amended Artificial Intelligence (AI) Use & Governance Policy; approve and adopt the proposed amended policy with modifications as directed by the City Council; direct staff to make additional revisions to the proposed amended policy and return it for future consideration; or decline to adopt the proposed amended Artificial Intelligence (AI) Use & Governance Policy at this time.
ATTACHMENTS:
Exhibit A to CITY OF SANTA PAULA AI POLICY.pdf
Attachment I to Policy - Sample AI Uses.pdf
Resolution 7620 - AI Policy.pdf
101
City of Santa Paula
Artificial Intelligence (AI) Use & Governance Policy
June 17, 2026
1. Purpose
The purpose of this policy is to establish clear guidance for the responsible, ethical, transparent, and secure use of Artificial Intelligence (AI) technologies by the City of Santa Paula.
This policy is intended to:
• Encourage innovation and operational efficiency;
• Improve public services and internal workflows;
• Protect privacy, confidentiality, and public trust;
• Ensure human oversight and accountability;
• Establish safeguards for the use of AI technologies; and • Align AI implementation with the City’s mission, values, and strategic goals.
The City recognizes AI as a tool that may improve customer service, communications, operational efficiency, data accessibility, emergency preparedness, and government transparency when used responsibly.
2. Scope
This policy applies to:
• City employees;
• Elected and appointed officials; and
• Consultants and contractors working on behalf of the City; This policy applies whether AI systems are:
• Purchased;
• Developed internally;
• Embedded within software products;
• An AI-enabled software, platform, or service used for City business; or • Accessed through third-party services such as ChatGPT, Common Space, ZenCity, Microsoft Copilot, Zoom AI, or similar platforms.
3. Definitions
Artificial Intelligence (AI): A machine-based system capable of generating content, recommendations, predictions, summaries, or decisions using data and algorithms. This definition includes Generative AI systems.
102
Generative AI Systems: AI systems capable of creating content such as text, images, video, audio, code, or presentations based on user prompts.
User: Any employee, contractor, volunteer, intern, consultant, or official utilizing AI systems for City purposes.
Sensitive Information: Information not intended for public release, including, without limitation:
o Personally identifiable information (PII);
o Personal records;
o Law enforcement information;
o Legal communications;
o Protected health information;
o Financial account information; and
o Confidential procurement or contract information.
Secure Enterprise: An approved and protected organizational environment that enables the safe use of technology and AI while ensuring the security, privacy, confidentiality, integrity, and responsible management of City data and operations.
4. Guiding Principles
The City and Users shall use AI technologies in accordance with the following principles:
1. Transparency
AI use should be disclosed when appropriate, especially when interacting directly with residents.
AI-generated images, audio, and video that could be reasonably mistaken as real must include a clear and visible disclosure. The exception is when AI-generated images are clearly decorative, stylistic, or illustrative in nature (e.g., icons, abstract designs, obvious illustrations, infographics, or modern equivalents of clipart)
B. Human Oversight
Sensitive information shall not be entered into publicly available AI tools unless expressly approved through secure enterprise agreements and City cybersecurity protocols.
Publicly available AI tools operate outside the City's controlled technology environment, meaning users often have limited visibility into how submitted information is stored, processed, retained, or shared. Sensitive or restricted data entered into these systems may be stored on external servers, used to improve AI models, or exposed through system logs, third-party integrations, or cybersecurity incidents.
Maintaining human oversight helps reduce cybersecurity, legal, and operational risks by ensuring that confidential information is handled appropriately and in accordance with applicable laws, regulations, and City policies. Unauthorized disclosure of personnel records, infrastructure 103
information, law enforcement communications, resident data, or other protected information could result in privacy violations, legal liability, reputational harm, or threats to public safety.
Requiring approval through secure enterprise agreements ensures that AI tools undergo appropriate security, privacy, and compliance reviews before being used for sensitive work. This approach promotes accountability, supports responsible AI adoption, and helps safeguard the City's operations, information assets, and public trust.
D. Equity & Fairness
AI systems must be used in ways that promote fairness, reduce bias, and prevent discrimination.
E. Accountability
City employees remain responsible and accountable for all work products, communications, analyses, and decisions generated with AI assistance. AI outputs must be reviewed, edited, and verified before final use.
F. Innovation & Service Improvement
Responsible experimentation with AI technologies that improve operational excellence, customer service, communications, permitting, emergency preparedness, and community engagement is encouraged.
5. Acceptable Uses of AI Systems
Examples of permitted AI use cases may include:
• Drafting emails, agendas, reports, or presentations;
• Translating public information into a different language; • Website search enhancements and chatbot tools;
• Brainstorming or outlining documents;
• Research assistance;
• Public communications and social media drafting;
• Data organization and summarization;
• Internal workflow automation;
• Code assistance in development environments;
• Public engagement analysis;
• Emergency preparedness planning support;
• Assisting with graphic design, visual communications, and creative content development, including generating concepts, layouts, branding materials, illustrations, presentation graphics, social media visuals, infographics, photo enhancements, and other design support tools.
104
All outputs must be reviewed and approved by City personnel prior to final release or implementation.
6. Prohibited Uses
The following uses of AI systems are prohibited:
• Generating false, misleading, or deceptive content;
• Uploading sensitive information into non- approved AI systems; • Fully automated decisions affecting resident rights, employment, permitting, code enforcement, or public safety without human oversight;
• Social scoring or behavioral profiling;
• Emotion recognition technologies;
• Real-time biometric surveillance;
• AI-generated misinformation or deceptive content;
• AI-generated impersonation of public officials or residents; • Use of AI in violation of local, state, or federal law.
7. Public Records & Transparency
Users shall understand that:
• AI prompts, outputs, and related communications may constitute public records; • City-related AI usage may be subject to the California Public Records Act (CPRA); • Users should maintain City-related AI activity within City-managed accounts whenever feasible.
The City may require retention of AI-generated work products in accordance with records retention policies.
8. Data Privacy & Security
Unless using a secure City-approved enterprise AI platform:
• Users shall not input confidential, privileged, or protected information into AI systems; • Users shall not upload resident personal information, legal advice, police reports, health data, or procurement-sensitive information;
• Users shall comply with all City cybersecurity and privacy policies.
The City’s Information Technology Division may establish approved AI tools, technical safeguards, and usage standards.
9. AI Review & Governance
The City Manager or designee may establish:
105
• An internal AI Working Group;
• AI review procedures;
• Departmental AI coordinators;
• AI procurement review standards;
• Training requirements;
• Risk assessment procedures for higher-risk AI systems.
High-risk implementations may require:
• Legal review;
• Cybersecurity review;
• Equity impact assessment;
• Executive approval.
10. Employee Responsibilities
Users of AI systems shall:
• Review and verify AI-generated content for accuracy, completeness, relevance, and appropriateness, recognizing that AI systems may produce incorrect, incomplete, misleading, outdated, or fabricated information (commonly referred to as “hallucinations”). Because AI-generated content may appear authoritative even when incorrect, it must not be treated as a sole or definitive source. • Exercise professional judgment when using AI-generated outputs and ensure all information is validated prior to use in any official capacity. • Not rely on AI outputs as the sole basis for decision-making, public communications, reports, legal interpretations, policy recommendations, financial matters, personnel actions, or other City business functions.
• Protect confidential information and ensure no sensitive or restricted data is entered into AI systems unless explicitly authorized.
• Follow all City policies, procedures, and cybersecurity protocols when using AI tools. • Use AI in a manner consistent with ethical public service and applicable laws and regulations.
• Participate in required AI-related training and comply with updated guidance as technologies and policies evolve.
• Make reasonable efforts to avoid the use of copyrighted, proprietary, or otherwise protected materials in AI systems without appropriate authorization or legal authority. • Understand that employees remain fully responsible for the accuracy and integrity of all work products and decisions, regardless of whether AI tools were used in their development. The use of AI does not transfer accountability from the user to the technology.
• Exercise particular caution when AI-generated content is used in matters affecting public safety, legal compliance, financial transactions, personnel decisions, public communications, or the rights and interests of community members, as inaccuracies in these areas may result in significant harm or liability. 106
11. AI Disclosure & Citation
When AI substantially contributes to public-facing content, the City may include a disclosure such as:
“This content was developed with assistance from Artificial Intelligence and reviewed by City users for accuracy.”
AI-generated images, video, or audio used publicly should include clear attribution or disclosure where appropriate.
12. Environmental Responsibility
The City encourages responsible AI usage practices, including:
• Using traditional search tools when appropriate;
• Minimizing unnecessary prompts or processing;
• Limiting excessive generation requests;
• Considering sustainability impacts associated with AI technologies.
13. Strategic Alignment
AI initiatives should support the City’s adopted Strategic Plan goals, including:
• Operational Excellence;
• Service Technology Enhancements;
• Emergency Preparedness;
• Economic Development;
• Community Engagement; and
• Innovation in customer service delivery.
14. Violations
Failure to comply with this policy may result in:
• Revocation of AI access;
• Corrective action;
• Disciplinary measures consistent with City personnel policies; • Contract remedies for vendors or consultants.
15. Policy Review
This policy should be reviewed annually due to the rapidly evolving nature of AI technology, regulation, cybersecurity risks, and industry best practices.
16. Illustrations
107
Attachment I to this Policy, incorporated hereto by this reference, provides illustrations of Sample Low-Risk and High-Risk AI Uses, organized as follows:
• Appendix A – Sample Low-Risk AI Uses
o Drafting meeting summaries
o Creating bilingual communications
o Brainstorming grant language
o Organizing notes
o Developing website FAQs
o Drafting social media captions
• Appendix B – Sample High-Risk AI Uses
o Personnel evaluations
o Hiring decisions
o Code enforcement determinations
o Law enforcement analysis
o Permit approvals/denials
108
Attachment 1 – Sample AI Uses
The following examples are intended to help City of Santa Paula employees, officials, consultants, contractors, volunteers, and interns understand appropriate uses of Artificial Intelligence (AI), when disclosure may be appropriate, and when additional human oversight is required.
These examples are illustrative only and should be applied consistently with the City’s Artificial Intelligence (AI) Use & Governance Policy, including the requirements related to transparency, human oversight, privacy, cybersecurity, public records, accountability, and ethical public service.
All AI-generated content must be reviewed, verified, and approved by City personnel before release or implementation.
Appendices
The following examples illustrate low-risk uses of Artificial Intelligence (AI) that may support operational efficiency, customer service, communication, and administrative functions when used with appropriate human oversight.
All AI-generated content must be reviewed, verified, and approved by City personnel before release or implementation.
1. Drafting Meeting Summaries
Example
A department records an internal project coordination meeting and uses an approved AI transcription tool to generate draft meeting notes and action items.
A City employee reviews the transcript, corrects errors, and finalizes the meeting summary before distribution.
Why This Is Low-Risk
• AI is being used only as an administrative support tool. • Human review and approval remain required.
• The AI system is not making decisions on behalf of the City.
2. Creating Bilingual Communications
Example
The Parks and Recreation Department uses AI translation software to prepare a Spanish-language version of a community event flyer originally written in English.
A bilingual staff member reviews the translation before publication. 109
Why This Is Low-Risk
• AI improves accessibility and public communication.
• Staff validate the accuracy of the translated content. • No confidential or sensitive information is uploaded.
3. Brainstorming Grant Language
Example
A City employee uses AI to help brainstorm ideas for a grant application related to emergency preparedness and infrastructure improvements.
The employee independently develops and verifies all final narrative content submitted in the application.
Why This Is Low-Risk
• AI is assisting with idea generation only.
• City staff retain full responsibility for the final submission. • The AI system is not making funding or policy decisions.
4. Organizing Notes and Research
Example
An employee uploads non-confidential notes from several public workshops into an approved AI tool to organize common themes and summarize community feedback.
Staff review the summaries before incorporating them into a staff report.
Why This Is Low-Risk
• AI supports administrative efficiency and information organization. • Human oversight remains in place.
• The AI output is reviewed prior to use.
5. Developing Website FAQs
Example
The City uses AI to help draft frequently asked questions regarding permit counter hours, utility billing procedures, or recreation registration.
Staff review and edit the content before posting it to the City website.
Why This Is Low-Risk
• AI improves customer service and access to information. • City staff verify all information before publication. • Residents continue to have access to City staff assistance. 110
6. Drafting Social Media Captions
Example
Communications staff use AI to generate caption ideas for social media posts announcing road closures, community events, or water conservation reminders.
City staff review and approve all final messaging.
Why This Is Low-Risk
• AI supports routine communications.
• Final approval remains with City personnel.
• The use does not impact legal rights, permitting, or enforcement decisions.
7. Public Engagement Analysis
Example
The City uses AI tools to summarize responses from a public survey regarding downtown revitalization priorities.
Staff review the summarized feedback and validate key themes before presenting results publicly.
Why This Is Low-Risk
• AI assists with data organization and summarization.
• Human oversight remains in place.
• The AI system does not independently determine policy outcomes.
8. Emergency Preparedness Support
Example
Emergency management staff use AI to help draft preparedness checklists, public safety reminders, and emergency communication templates for wildfire or severe weather response planning.
All materials are reviewed and approved by City personnel before release.
Why This Is Low-Risk
• AI supports operational preparedness.
• Human review ensures accuracy and appropriateness.
• The AI system is not independently directing emergency response operations. 111
Appendix B – Sample High-Risk AI Uses
The following examples illustrate uses of Artificial Intelligence (AI) that are considered high-risk, prohibited, or subject to heightened review due to their potential impact on legal rights, public trust, privacy, equity, public safety, or City operations.
These uses generally require significant human oversight, legal review, cybersecurity review, executive approval, or may be prohibited entirely under City policy.
1. Personnel Evaluations
Example
A supervisor uses AI software to analyze employee productivity and generate recommendations regarding promotions, discipline, or performance evaluations.
Why This Is High-Risk
• AI-generated conclusions may contain inaccuracies or bias. • Employment decisions directly affect employee rights and workplace fairness. • Final personnel decisions must involve meaningful human judgment.
2. Hiring Decisions
Example
A department uses AI to rank job applicants, score resumes, or evaluate interview responses without direct human review.
Why This Is High-Risk
• AI systems may unintentionally create discriminatory outcomes. • Hiring decisions impact equal employment opportunity obligations. • Automated decision-making without oversight is inconsistent with City policy.
3. Code Enforcement Determinations
Example
AI software is used to determine whether a property violation exists or whether enforcement action should be issued.
Why This Is High-Risk
• Enforcement actions may affect legal rights and due process. • AI systems may misinterpret context or incomplete information. • Human review and professional judgment are required.
112
4. Law Enforcement Analysis
Example
AI tools are used to identify suspicious behavior patterns, evaluate surveillance footage, or recommend enforcement actions without officer review.
Why This Is High-Risk
• AI may produce inaccurate or biased conclusions.
• Public safety decisions require significant accountability and oversight. • Certain biometric or surveillance technologies may be prohibited by policy or law.
5. Permit Approvals or Denials
Example
A department relies on AI-generated recommendations to approve or deny building permits, planning applications, or business licenses.
Why This Is High-Risk
• Permit decisions directly affect residents and businesses. • AI-generated recommendations may contain factual or legal errors. • Meaningful human oversight is required before final determinations.
6. Financial Eligibility Decisions
Example
AI software is used to determine resident eligibility for financial assistance programs, fee waivers, or other public benefits.
Why This Is High-Risk
• AI systems may create inequitable outcomes.
• Financial eligibility determinations impact residents directly. • Human review is required to ensure fairness and accuracy.
7. Legal Analysis Without Attorney Review
Example
A department uses AI to interpret laws, draft legal conclusions, or provide legal recommendations without review by the City Attorney’s Office.
Why This Is High-Risk
• AI-generated legal analysis may be inaccurate or outdated. • Legal errors may expose the City to liability.
• Attorney review is required before relying on legal interpretations. 113
8. Uploading Confidential Information into Non-Approved Systems Example
An employee uploads police reports, personnel files, procurement documents, financial records, or resident personal information into a publicly available AI platform.
Why This Is High-Risk
• Sensitive or protected information may be exposed.
• The use may violate privacy laws, cybersecurity policies, or confidentiality requirements. • City policy prohibits uploading confidential information into non-approved AI systems.
9. AI-Generated Impersonation or Deceptive Content
Example
AI-generated audio, video, or images are created to imitate City officials, employees, or residents in a misleading manner.
Why This Is High-Risk
• Deceptive AI content undermines public trust.
• Impersonation may create legal, ethical, and reputational risks. • Such uses are prohibited under City policy.
10. Fully Automated Public Decisions
Example
An AI system independently makes decisions related to permitting, code enforcement, public safety, procurement, or resident services without meaningful human review.
Why This Is High-Risk
• Automated decisions may lack transparency, fairness, and accountability. • Residents may be negatively impacted by inaccurate or biased outputs. • City policy requires meaningful human oversight for decisions affecting legal rights or public services.
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65283.00001\45054569.1 -1-
RESOLUTION NO. 7620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
PAULA ADOPTING AN ARTIFICIAL INTELLIGENCE (AI) USE AND
GOVERNANCE POLICY
The City Council of the City of Santa Paula does hereby resolve as follows:
SECTION 1: Recitals.
A. The City of Santa Paula (“City”) recognizes that Artificial Intelligence (“AI”) technologies are increasingly utilized in government operations, communications, public engagement, data analysis, and administrative functions.
B. The City Council finds that the use of AI systems may provide benefits to residents and City operations when implemented in a responsible and ethical manner.
C. The City Council finds that adoption of the Artificial Intelligence (AI) Use & Governance Policy attached to this Resolution is in the best interests of the City and promotes responsible public sector governance and operational integrity.
SECTION 2: Adoption of AI Policy. The City Council hereby adopts the Artificial Intelligence (AI) Use & Governance Policy (“Policy”) attached as Exhibit A.
SECTION 3: The Policy shall remain in place until rescinded by resolution of the City Council.
SECTION 4: This Resolution becomes effective immediately upon adoption and will remain effective until rescinded and superseded by a subsequent resolution.
SECTION 5: This Resolution becomes effective immediately upon adoption.
PASSED AND ADOPTED this 17th day of June, 2026.
__________________________
Carlos Juarez, Mayor
ATTEST:
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65283.00001\45054569.1 -2-
____________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
____________________________
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
____________________________
Dan Singer, City Manager
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65283.00001\45054569.1 -3-
EXHIBIT A
AI Policy
[attached behind]
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65283.00001\45054569.1 -4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF SANTA PAULA )
I, Julie Latshaw, City Clerk of the City of Santa Paula, California, DO HEREBY CERTIFY that above RESOLUTION NO. _____ was duly passed and adopted by the City Council of the City of Santa Paula at a regular meeting thereof held on the 3rd day of June, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this _______ day of ________, 2026.
Julie Latshaw, City Clerk
Of the City of Santa Paula,
California
(SEAL)
118
To: Honorable Mayor and Members of the City Council Regular From: Gloria Parra, AmeriCorp Fellow
Subject: FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WITH MERCHANT MCINTYRE AND ASSOCIATES FOR LEGISLATIVE
ADVOCACY SERVICES
Date: June 17, 2026
Agenda Item: 10.E
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends City Council:
1. Authorize the City Manager to execute a fifth amendment to the professional services agreement with Merchant McIntyre and Associates (MMA) for federal legislative advocacy services, in an amount of $60,000, extending the term from July 1, 2026, to June 30, 2027, and increasing the total not to exceed amount to $372,000.
BACKGROUND:
Over the past four and a half years, the City of Santa Paula has contracted with Merchant McIntyre & Associates (MMA) to provide federal legislative advocacy. MMA has served as an extension of City staff, representing the City’s interests in Washington, D.C. by supporting legislative monitoring and funding strategy development.
MMA’s scope of services includes:
Developing and implementing a comprehensive federal funding legislative strategy; Facilitating direct engagement with Congressional offices and federal agencies; Assisting in the preparation and submission of federal grant and Community Project Funding requests;
Supporting the City with the federal grant drawdown process, reporting, and compliance as needed.
To date, MMA’s efforts have contributed to the City’s success in securing over $3 million in Congressionally Directed Spending (CDS), including:
$2,000,000 for the Harvard Blvd. Water/Sewer/Pavement Rehabilitation Project; $1,000,000 for the Mesa Tanks Replacement Project;
$1,092,000 for the Cross-Town Pipeline Project.
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In March 2026, MMA supported staff and elected officials during a federal advocacy trip to Washington, D.C., facilitating meetings that led to the House Appropriations Committee selecting the City's FY27 Strengthening Communication and Safety project request for $772,700.
The original agreement with MMA began in March 2022 as a six-month trial and has since been extended through four separate amendments. The fourth amendment, approved in July 2025, extended the term through June 30, 2026, and brought the total contract no to exceed amount to $312,000.
ANALYSIS:
As the City’s agreement with MMA is set to expire on June 30, 2026, staff recommends authorizing the City Manager to execute a Fifth Amendment extending services through June 30, 2027. The proposed amendment increases the not-to-exceed amount to $372,000, reflecting an annual cost of $60,000 ($5,000/month).
MMA’s strategic guidance has helped position the City for future success by strengthening Congressional relationships, refining our funding proposals, and ensuring Santa Paula remains competitive for future appropriations.
Staff believes that the continuation of MMA’s services is essential to advancing the City’s federal advocacy goals and securing critical infrastructure and public safety funding.
Accordingly, the staff recommends approval of the Fifth Amendment as proposed in Attachment A.
STRATEGIC PLAN:
This item is not a goal or objective in City Council's two-year Strategic Plan, however, approval of this item moves the City closer to obtaining funding to support multiple objectives in Council’s two-year Strategic Plan.
FISCAL IMPACTS:
Funding for a fifth amendment to the professional services agreement with MMA is included in the FY26-27 fiscal budget in the amount of $60,000 under GL 100-5-0511-209.
OPTIONS:
As an alternative to the staff's recommendation, the City Council has the following options:
1. Do not approve the amendment to the professional services agreement with MMA to provide legislative advocacy services. Doing so is not advised, as the City is the recipient of Federal Congressional Direct Spending (CDS) funds and staff will need the experience and guidance of MMA to navigate use of the funds, as well as reporting and compliance requirements; and/or
2. Provide staff with further direction.
ATTACHMENTS:
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Attachment A - MMA Fifth Amendment FY 26-27.pdf
Exhibit A to Attachment A - MMA Scope of Services FY 26-27.pdf 121
FIFTH AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
MERCHANT MCINTYRE & ASSOCIATES, LLC
THIS FIFTH AMENDMENT (“Amendment”) is made and entered into this 17th day of June 2026, by and between the CITY OF SANTA PAULA, a California general law city and municipal corporation (“City”), and MERCHANT MCINTYRE & ASSOCIATES, LLC, a Delaware limited liability company (“Consultant”).
1. RECITALS. This Amendment is made with reference to the following facts and objectives:
A. On March 21, 2022, the City and Consultant entered into an Agreement for federal legislative advocacy and grant services (the “Agreement”).
B. The term of the Agreement was from March 16, 2022 to September 16, 2022.
A. The Consultant’s total compensation under the Agreement could not exceed $36,000.00 without written approval of the City Council or the City Manager, as applicable.
B. On December 7, 2022, the City and Consultant mutually agreed to extend the terms of the March 16, 2022 agreement to June 30, 2023 through a First Amendment Agreement.
C. The Consultant’s total compensation under the First Amendment Agreement could not exceed $96,000.00 without written approval of the City Council or the City Manager, as applicable.
D. On June 21, 2023, the City and Consultant mutually agreed to extend the terms of the first agreement to June 30, 2024 through a Second Amendment Agreement.
E. The Consultant’s total compensation under the Second Amendment Agreement could not exceed $174,000.00 without written approval of the City Council or the City Manager, as applicable.
F. On July 2, 2024, the City and Consultant mutually agreed to extend the terms of the second agreement to June 30, 2025 through a Third Amendment Agreement.
G. The Consultant’s total compensation under the Third Amendment Agreement could not exceed $252,000.00 without written approval of the City Council, as applicable.
H. On June 30, 2025, the City and Consultant mutually agreed to extend the terms of the third agreement to June 30, 2026 through a Fourth Amendment Agreement.
I. The Consultant’s total compensation under the Fourth Amendment Agreement could not exceed $312,00.00 without written approval of the City Council, as applicable. 122
J. The City and Consultant now mutually desire by this Amendment to increase the Consultant’s total maximum compensation and extend the term of the Agreement as set forth below.
2. AMENDMENT. In consideration of the foregoing and pursuant to Sections 1, 7, and 28 of the Agreement, the Agreement is amended as follows:
A. Subsection 1.C., under Section 1, entitled “Consideration and Compensation,” is hereby amended to read as follows:
“1.C. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto. The total compensation shall not exceed $372,000.00 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.” B. Section 7, entitled “Term of Agreement,” is hereby amended to read as follows:
“7. Term of Agreement. The term of this Agreement shall be from January 1, 2022 to June 30, 2027 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one-year term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.”
3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
4. LIMITED AMENDMENT. Except as modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. Whenever the term “Agreement” is used in the Agreement it shall mean the Agreement, as modified by this Amendment. In the event of a conflict between this Amendment and the Agreement, the provisions of this Amendment shall control.
[Signatures on Next Page]
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SIGNATURE PAGE TO
THE FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA PAULA AND MERCHANT MCINTYRE & ASSOCIATES, LLC IN WITNESS WHEREOF, the duly authorized representatives of the City and Consultant have executed this Amendment effective as of the first day and year written above.
CITY OF SANTA PAULA MERCHANT MCINTYRE & ASSOCIATES,
LLC
____________________________________ ______________________________ Dan Singer, City Manager Brent Walton Merchant, Principal and CoFounder ATTEST:
____________________________________ __81-5238967__________________ Julie Latshaw, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
_____________________________________
Monica Castillo, City Attorney
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Merchant McIntyre & Associates, LLC | 1634 Eye Street, NW, Suite 200 | Washington, DC 20006
SERVICE AGREEMENT
THE CITY OF SANTA PAULA, CA (the “City”) agrees to retain MERCHANT MCINTYRE & ASSOCIATES, LLC, a Delaware limited liability company with a principal place of business in Washington, D.C. (“MM”) (together, the “Parties”), for government relations services commencing on July 1, 2026 and terminating on June 30, 2027 (the “Term”).
Fee. The City agrees to pay MM a total professional fee of $5,000 per month, billed monthly in advance. Payment shall be made to MM at the address listed on the MM invoice(s). Federal funds may not be used to pay MM professional fees.
Deliverables. MM agrees to provide the following deliverables during the Term of this Agreement:
1. Support the City’s efforts to apply for and secure Community Project Funding/ Congressionally Directed Spending during the FY2027 and FY2028 federal appropriations cycle, including:
a. Project Development: Together, MM and the City leadership will draft shareable background materials and documents (i.e., project description, budget narrative, letters of support, etc.).
b. Facilitate Community-Level Support: MM will work together with the City to draft and secure letters of support from partners and community organizations. c. Congressional Engagement and Meetings: MM will engage members of Congress and Congressional staff on behalf of the City, including scheduling and facilitating a visit to Washington, D.C., for the City to advocate in person on behalf of their project.
d. Earmark Request Submission: MM will develop earmark application materials and submit prior to each Member's deadline.
e. Continued Advocacy Throughout Appropriations Process: Post-earmark request submission, MM will continue to engage Congressional staff and provide timely responses to requests for additional information. MM will work closely with the House and Senate Appropriations Committee senior staff through each stage of the legislative process -- subcommittee, full committee, floor action, and conference committee -- until the appropriations bills that contain the City’s project is signed into law by the President.
Assurances. In its capacity as a consultant, MM shall make its best effort to assist the City in pursuing its federal funding and government relations objectives. The nature of these objectives shall be determined by the City with the advice and assistance of MM. In this role, MM shall plan 125
Merchant McIntyre Service Agreement – Page 2 of 2
and implement all government relations strategies designed to accomplish the City’s federal funding objectives; assist in the preparation of grant applications and supporting materials for the initiatives; develop meetings with Members of Congress, congressional staff, and federal agency decision-makers to advance the funding initiatives; and serve as liaison to federal agencies relevant to the City’s funding initiatives. The City agrees to frequent communication with MM and to provide MM with the necessary information in real-time to help MM plan and implement strategies.
Indemnification. The City agrees to indemnify and hold MM harmless from and against all liability, including all actions, claims, damages, costs, and attorneys’ fees, which MM may incur (or to which MM may be a party), arising out of actions taken or statements made by MM at the City’s direction or based upon information provided by the City, except in the event of wrongful acts or omissions on MM’s part.
Assignment. No other party shall assign any of its rights or delegate any of its duties or obligations under this Agreement without the express written consent of the other party. * * *
IN WITNESS THEREOF, the parties hereto have executed or approved this Agreement on the dates below their signatures.
_____________________________ ___________________________________ Brent Walton Merchant Dan Singer
Principal and Co-Founder City Manager
Merchant McIntyre & Associates, LLC City of Santa Paula, CA Date: ____________________________ Date: _______________________________ # # # #
126
To: Honorable Mayor and Members of the City Council Regular From: Julie Latshaw, City Clerk
Subject: ADOPT A RESOLUTION ESTABLISHING A CITY COUNCIL MEETING DISTRUPTION POLICY IN ACCORDANCE WITH SENATE BILL 707
Date: June 17, 2026
Agenda Item: 10.F
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends the City Council Approve Resolution No. 7621 adopting the proposed Meeting Disruption Policy in accordance with new State law.
BACKGROUND:
SB 707 expands remote public participation requirements and requires eligible legislative bodies to adopt a policy addressing disruptions that impair remote public access. “Eligible legislative bodies” includes “A city council of a city with a population of 30,000 or more.” (Government Code section 54953.4(e)(2)(A).)
By July 1, 2026, eligible legislative bodies, as defined by must provide a two-way telephonic or audiovisual platform for public participation and adopt a policy addressing disruptions to telephonic or internet service that would prevent remote public access or participation midmeeting.
To comply with these requirements, staff proposes adopting the attached meeting disruption policy.
ANALYSIS:
On October 3, 2025, SB 707 was signed, making significant updates to the Ralph M. Brown Act by modernizing rules for public meetings and expanding public access.
The Ralph M. Brown Act establishes requirements for open meetings of local legislative bodies. Government Code section 54953.4, as added by SB 707, requires eligible legislative bodies to provide a two-way telephonic or audiovisual platform for public participation and to adopt a policy addressing disruptions that prevent remote public access or participation. To achieve compliance, staff will be reinstating Zoom participation for public comments and requesting adoption of a meeting disruption policy.
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By July 1, 2026, all eligible legislative bodies must implement a two-way telephonic or audiovisual platform for public participation in meetings and adopt a policy addressing technology disruptions during City Council meetings.
The policy must address procedures for responding to disruptions of telephonic or internet service during a meeting and the efforts the legislative body will make to restore service.
If a disruption occurs that prevents members of the public from observing or participating in a meeting through the required two-way telephonic or audiovisual platform, the City Council must recess the open session for at least one hour and make a good faith effort to restore service. During this time, the City Council may meet in closed session as otherwise permitted by law.
The City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. If service has not been restored upon reconvening, the City Council must make findings by roll call vote that good faith efforts were made to restore access and that the public interest in continuing the meeting outweighs the public interest in providing remote access. Alternatively, the meeting may be adjourned.
The proposed policy incorporates these requirements and establishes procedures to ensure transparency and continuity of meetings in the event of a technology disruption during a City Council meeting, while maintaining flexibility to respond based on specific circumstances STRATEGIC PLAN:
This item is not a goal or objective in City Council’s two-year Strategic Plan, however, it supports the Councils vision to provide the residents of Santa Paula with an engaged workforce with a focus on continuous improvement and outstanding customer service.
FISCAL IMPACTS:
Any costs associated with implementing remote participation technology are anticipated to be absorbed within existing departmental budgets.
OPTIONS:
As an alternative to staff’s recommendation, the City Council may:
1. Adopt the proposed policy with modifications as directed by the City Council.
2. Provide additional direction to staff regarding revisions, implementation procedures, training requirements, or future Disruption Policy considerations prior to adoption.
3. Decline to adopt the proposed policy at this time.
ATTACHMENTS:
Resolution 7621 - Approving Meeting Disruption Policy in accordance with SB 707 Policy - Disruption Policy in accordance with SB 707
128
RESOLUTION NO. 7621
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA
ADOPTING A DISRUPTION POLICY FOR LEGISLATIVE BODY MEETINGS IN ACCORDANCE WITH SENATE BILL 707 GUIDELINES
The City Council of the City of Santa Paula does hereby resolve as follows:
SECTION 1: Recitals.
A. The Ralph M. Brown Act (Government Code Section 54950 et. seq.) establishes requirements for open and public meetings of legislative bodies; B. Senate Bill 707 (SB 707) revises and expands public participation requirements under the Brown Act;
C. SB 707 requires enhanced public access to meetings, including two-way telephonic or audiovisual participation, beginning July 1, 2026; and D. SB 707 requires the adoption of a policy addressing disruptions to telephonic or internet service during public meetings as set forth by this Resolution.
SECTION 2: Adoption of Disruption Policy. The City Council hereby adopts the Meeting Disruption Policy (“Policy”) attached as Exhibit A.
SECTION 3: The Policy shall remain in place until rescinded by resolution of the City Council.
SECTION 4: This Resolution becomes effective immediately upon adoption and will remain effective until rescinded and superseded by a subsequent resolution.
SECTION 5: This Resolution becomes effective immediately upon adoption. PASSED AND ADOPTED this 17th day of June, 2026.
_____________________________
Carlos Juarez, Mayor
ATTEST:
______________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
__________________________
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
__________________________
Dan Singer, City Manager
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EXHIBIT A
SB 707 Meeting Disruption Policy
[attached behind]
130
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF SANTA PAULA )
I, Julie Latshaw, City Clerk of the City of Santa Paula, California, DO HEREBY CERTIFY that above RESOLUTION NO. _____ was duly passed and adopted by the City Council of the City of Santa Paula at a regular meeting thereof held on the 17th day of June, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this________ day of _______ , 2026.
Julie Latshaw, City Clerk Of the City of Santa Paula, California (SEAL)
131
1 CITY OF SANTA PAULA
DISRUPTION POLICY IN ACCORDANCE WITH
SENATE BILL 707
SECTION I: PURPOSE OF POLICY
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely. This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of Santa Paula, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions.
SECTION II: DEFINITIONS
1. Service Disruption means any failure, outage, or interruption that prevents members of the public from observing or participating in the meeting through the remote access service.
2. Disrupting means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following:
a. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of Santa Paula
b. Engaging in behavior that constitutes use of force or a true threat of force.
3. Remote access services means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.
4. Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service.
5. Two-way telephonic service means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
6. True threat of force means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
Section III: POLICY
1. Applicability of Policy
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2 This policy applies to all meetings of the City Council for which Government Code section 54953.4 requires remote public participation. Consistent with the Brown Act, this policy shall not apply to the following meetings:
a. Meetings held to attend a judicial or administrative proceeding to which the City of Santa Paula is a party.
b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City of Santa Paula and over which the federal or state officials have jurisdiction.
d. Meetings held to meet in or nearby a facility owned by the City of Santa Paula, provided that the topic of the meeting is limited to items directly related to the facility.
e. Meetings held in an emergency situation pursuant to Government Code section 54956.5.
2. Remote Public Access
When remote public access is required under the Brown Act, the City Council shall provide members of the public with an opportunity to attend and participate in the meeting using a two-way audiovisual platform or a two-way telephonic service, provided that adequate telephonic or internet service is operational at the meeting location.
If adequate telephonic or internet service is not operational at the meeting location, the City Council shall not be required to provide remote access. If adequate telephonic or internet service is operational for only a portion of the meeting, the City Council shall provide remote access during that portion of the meeting.
If a two-way audiovisual platform is used, the City Council shall:
a. Publicly post and provide a call-in option as well; and b. Activate any automatic captioning function that is available in the audiovisual platform.
If a two-way audiovisual platform is not provided, the City Council shall provide a twoway telephonic service.
Members of the public participating remotely shall be provided the same opportunity to provide public comment as members of the public attending in person, including the same time allotment.
3. Response to Service Disruption
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3 If the Mayor, City Clerk, or other authorized meeting official becomes aware of a service disruption:
a. The Mayor or City Clerk shall immediately announce the service disruption to the public.
b. The Mayor shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act.
The City Council shall recess the open session for at least one hour and make a good faith effort to restore service. The City Council may reconvene the open session upon restoration of service or after at least one hour has elapsed. c. During the recess, City of Santa Paula staff shall make a good faith effort to diagnose and restore the disrupted service.
4. Reconvening the Open Session
After the expiration of the hour, if service has not been restored, the Mayor or City Clerk shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to:
a. Adjourn the meeting;
b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding:
“The City of Santa Paula has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored.
5. Recordkeeping
The City Clerk shall enter a brief statement into the meeting minutes, including:
a. The nature and time of the service disruption;
b. The time the meeting was reconvened (if applicable); c. Any finding adopted pursuant to Section 4(c).
6. Response to Members of the Public Disrupting a Meeting 134
4 If the Mayor or City Clerk becomes aware of a member of the public who is attending the meeting through remote access services and is disrupting the meeting or otherwise preventing other members of the public from attending or observing the meeting remotely or in-person:
a. The Mayor or City Clerk shall warn the person who is participating through remote access services that he or she is disrupting the meeting and failure to cease that behavior may result in their removal.
If the person to whom the Mayor gave the above warning persists in disrupting the meeting, the Mayor shall order staff to:
i. Mute or otherwise limit the individual’s ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meeting; or ii. Remove the individual from the meeting if paragraph (a) does not address the disrupting behavior or is not available using the remote access service.
7. Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.
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To: Honorable Mayor and Members of the City Council Regular From: Dale Goodman, Public Works Director
Subject: AWARD CONTRACT FOR INSTALLATION OF FULL CAPTURE STORM
DRAIN TRASH EXCLUDERS
Date: June 17, 2026
Agenda Item: 10.G
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Award a contract to Downstream Services, Inc. for the installation of full-capture storm drain trash excluders; and
2. Authorize the City Manager to execute the contract in an amount not to exceed $75,837.00, based on unit pricing and actual quantities installed.
BACKGROUND:
In April 2015, the State of California Water Resources Control Board adopted the Final Trash Provisions (Resolution 2015-0019). The State Trash Policy requires municipalities to install, operate, and maintain “full capture systems” (trash excluders) within their storm drain networks, or implement equivalent compliance measures, to prevent trash from entering state waters.
A full capture system is defined as a device that traps all particles 5 mm or greater and prevents them from entering the storm drain system. Priority land uses subject to these requirements include high-density residential (10 units/acre or more), industrial, commercial, mixed urban, and public transportation stations.
The City has identified 108 storm drain locations requiring installation of full capture devices.
To date, 35 locations have been completed (7 installed prior to 2024 and an additional 28 installed during 2024–2025), representing approximately 32 percent of total required installations.
Under the State Trash Policy requirements incorporated into the Countywide MS4 Permit, the City must achieve:
50 percent installation (54 locations) by September 11, 2026, and 100 percent installation (108 locations) by December 2030.
To support compliance with these regulatory requirements, the City has allocated funding 136
within its adopted budget for stormwater compliance-related infrastructure improvements, including installation of full-capture devices.
ANALYSIS:
To advance compliance with the State-mandated requirement to achieve 50 percent installation (54 locations) by September 11, 2026, staff issued a formal Request for Proposals (RFP) on April 27, 2026 for installation services of full-capture storm drain trash excluders at designated locations throughout the City.
The City received one (1) proposal in response to the RFP, submitted by Downstream Services, Inc.
The proposal includes a mobilization cost and unit pricing for full-capture devices. The contract is structured on a unit-price basis, with the contractor compensated based on the actual number of devices purchased and installed.
Based on the proposed unit pricing and estimated quantities, the total anticipated contract value is $75,837.00.
Staff has reviewed the proposal and determined it to be responsive to the RFP requirements and consistent with the City’s ongoing stormwater compliance program and operational needs.
STRATEGIC PLAN:
The project supports the City’s adopted Strategic Plan under the following goal:
Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative, and cost-efficient.
This contract supports continued implementation of storm drain infrastructure improvements necessary to comply with State regulatory requirements and maintain effective stormwater management within the City.
FISCAL IMPACTS:
The estimated cost of the contract is $75,837.00. Funding for this project is available within the City’s adopted budget allocation for stormwater compliance-related infrastructure improvements and will be funded through GL Account 206-5-5026-610.
No additional fiscal impact is anticipated at this time.
OPTIONS:
The Council has the following available alternative options to Staff’s recommendations:
1. Do not award the contract, which would delay installation of required full-capture devices and risk noncompliance with the September 11, 2026 regulatory deadline.
2. Direct staff to re-bid the project, which may impact the City’s ability to meet mandated installation timelines.
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ATTACHMENTS:
Exhibit A - Full Capture Storm Drain Trash Excluders Project_ Professional Services Agreement
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EXHIBIT A
FULL CAPTURE STORM DRAIN TRASH EXCLUDERS
PROFESSIONAL SERVICES AGREEMENT WITH
DOWNSTREAM SERVICES, INC.
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CITY OF SANTA PAULA
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SANTA PAULA
AND DOWNSTREAM SERVICES, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this 17th day of June, 2026, 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 Downstream Services Inc., a California Corporation, with its principal place of business at 2855 Progress Place, Escondido CA 92029 ("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 storm drain trash capture installation 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 Full Capture Strom Drain Trash Excluders 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 storm drain trash capture installation 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 June 17, 2026 to June 17, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one-year 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. 140
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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 Seventy-Five Thousand Eight Hundred Thirty Seven Dollars and no cents ($75,837.00) 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.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City and included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional 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 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 141
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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.
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: Loren Wynne, President.
3.3.5 City's Representative. The City hereby designates Dale Goodman, 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 Loren Wynne, 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.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its 142
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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.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 143
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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 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 144
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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.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other 145
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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:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall 146
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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.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of 147
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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.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project 148
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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.
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 149
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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.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the 150
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respective parties may provide in writing for this purpose:
Consultant: Downstream Services, Inc.
2855 Progress Place
Escondido, CA 92029
ATTN: Loren Wynne, President
City: City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
ATTN: Dale Goodman, 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 151
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professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 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 152
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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.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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 153
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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.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SANTA PAULA AND
DOWNSTREAM SERVICES, 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 DOWNSTREAM SERVICES, 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,
City Attorney
Attested By:
Julie Latshaw
City Clerk
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Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES & COMPENSATION
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160
161
To: Honorable Mayor and Members of the City Council Regular From: Dan Singer, City Manager
Subject: APPROVAL OF CONTRACT WITH CLP ENGINEERING, LLC FOR OWNER’S ENGINEERING REPRESENTATIVE SERVICES RELATED TO
ENERGY RESILIENCY IMPROVEMENTS AT THE WATER RECYCLING
FACILITY
Date: June 17, 2026
Agenda Item: 10.H
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends the City Council:
1. Approve Task Order No. 2 with CLP Engineering, LLC (CLPE) for Owner’s Engineering Representative Services related to energy resiliency improvements at the Water Recycling Facility (WRF) in an amount not to exceed $250,000; and
2. Authorize the City Manager to execute Task Order No. 2 and any minor administrative amendments consistent with the approved scope of work and budget.
BACKGROUND:
On May 26, 2025, the City entered into a Master Services Agreement (MSA) (Exhibit A) with CLP Engineering, LLC to provide engineering and technical consulting services on an as-needed basis through individually authorized task orders.
The City has been evaluating opportunities to improve energy reliability, reduce operating costs, increase energy efficiency, and enhance the use of renewable energy resources at municipal facilities, including the Water Recycling Facility. As part of these efforts, the City has explored opportunities associated with energy conservation measures, solar generation, battery energy storage systems, and related incentive programs.
Task Order No. 2 (Exhibit B) has been developed to provide technical advisory and owner’s representative services necessary to evaluate potential energy infrastructure improvements, develop project alternatives, prepare preliminary designs and engineering plans for identified projects, and support future procurement activities.
ANALYSIS:
Task Order No. 2 authorizes CLPE to serve as the City’s Engineering Representative for planning and development activities associated with potential energy resiliency improvements 162
at the Water Recycling Facility.
The proposed scope of work includes:
Technical consultation and coordination with City staff, legal counsel, financial advisors, operators, and other stakeholders;
Evaluation of energy conservation, renewable generation, and energy storage opportunities;
Analysis of project alternatives, costs, savings, and operational benefits; Assistance with compliance requirements associated with available federal incentives, including, but not limited to, "Safe Harbor" Investment Tax Credit (ITC) opportunities expiring on July 3, 2026;
Preliminary planning activities, including site assessments, utility coordination, environmental planning, surveying, and geotechnical support as needed; Development of conceptual and preliminary engineering designs up to approximately the sixty percent (60%) design level;
Preparation of technical specifications, procurement documents, and Request for Proposal (RFP) support materials; and
Technical support during project planning and procurement activities.
The proposed task order will provide the City with specialized engineering expertise to evaluate potential infrastructure investments and identify the most effective approach for improving facility resiliency and reducing long-term energy costs. The work will also assist the City in developing competitive procurement documents, engaging project design and engineering services, and improving project readiness to allow the City to advance future energy projects.
The task order establishes a not-to-exceed amount of $250,000 and will be administered on a time-and-materials basis in accordance with the provisions of the Master Services Agreement.
Services are anticipated to support project planning activities through the development of preliminary design documents and procurement support.
Any future authorization for final design, construction, equipment procurement, or project implementation would be subject to separate City Council review and approval, as applicable.
STRATEGIC PLAN:
This action is consistent with the City's adopted Strategic Plan, Objective A.2, Green Initiatives - to explore funding opportunities and partnerships to implement Energy Efficiency projects, solar, and electric vehicle technologies, and moves the City one step closer to realizing this objective.
FISCAL IMPACTS:
Funding for this task order is available from previous water enterprise bond proceeds specifically set aside for energy efficiency projects. Although those proceeds were exchanged for the Harvard Blvd work, the equivalent funds, in the amount of $3,000,000 remains available for the development of such projects, including design and engineering expenses.
OPTIONS:
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The Council is under no obligation to move forward with this task order or pursue this project and can direct staff to suspend or modify this effort.
ATTACHMENTS:
EXHIBIT A - Master Services Agreement between City of Santa Paula and CLP Engineering, LLC.pdf
EXHIBIT B - Task Order No. 2 to Master Services Agreement.pdf 164
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To: Honorable Mayor and Members of the City Council Regular From: Donald Aguilar, Police Chief
Subject: POLICE DEPARTMENT VEHICLE PURCHASE
Date: June 17, 2026
Agenda Item: 10.I
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that City Council:
1. Review costs for one police vehicle
2. Waive informal bidding requirements for the vehicle purchases pursuant to SPMC section 41.10 on the grounds that the purchase is "required and desirable." BACKGROUND:
The current fleet budget is for the purchase of one patrol vehicle. This vehicle is a hybrid "Police Interceptor" patrol vehicle. There was no formal bidding process for this vehicle, as it is included in the California E-Procure program which provides the most competitive cost for public safety vehicles, including the Police Department's Ford Police Interceptor package. This is a state of California Enforcement Vehicle Contract for all law enforcement agencies which are required to utilize when purchasing Police Interceptor vehicles. The provisions of this contract are attached as EXHIBIT A. Sourcewell, who also offers government purchasing bidding contracts, did not have the vehicles available for the specifications needed for the purchase of this vehicle.
The waiver of the formal bidding process was approved by City Council in 2023 for the purchase of two patrol vehicles in the California E-Procure Program.
ANALYSIS:
This will be a single purchase as this item was budgeted for FY 25/26.
Waiver of Informal Bidding
For equipment purchases over $50,000, the City must conduct formal bidding procedures including the solicitation of at least three bids whenever possible. However, SPMC Section
41.10 gives Council the authority to waive this requirement “when required or desirable and in conformance with state law.” State law provides that cities must adopt purchasing regulations and that purchases must conform to the city’s purchasing regulations. Here, the purchases are 191
required and desirable because this vehicle is specifically outfitted appropriately for the use of police-rated emergency vehicles. The California E-Procure program provides the most competitive costs for such vehicles, and (3) Sourcewell did not have vehicles with the needed specifications. Council may therefore waive informal bidding requirements and authorize the vehicle purchases.
STRATEGIC PLAN:
This item supports City Council’s goal of creating an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating identified in Section C. Public Safety & Emergency Preparedness of the two-year Strategic Plan.
FISCAL IMPACTS:
Fiscal impact on the purchase of this fleet vehicle:
For the purchase of this vehicle the total cost will be $60,991.79 and the itemized cost is attached as EXHIBIT B.
Funding for this purchase is available from the following Measure T and Measure R equipment budgets:
104-5-4502-610 $36,852 available
108-5-4502-610 $53,500 available
OPTIONS:
1. Approve as recommended
2. Do not approve as recommended.
ATTACHMENTS:
EXHIBIT A - State Contract 1-22-23-14C Supplement No. 8 Summary.pdf EXHIBIT B - Santa Paula '25 PIU Hybrid Quote FL4078.pdf 192
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, []. MANDATORY *Supplement 8*
*(Incorporates Supplements 1 8) *
ISSUE AND EFFECTIVE DATE: *4/7/2026*
CONTRACT NUMBER: 1-22-23-14C
DESCRIPTION: Enforcement Vehicles, Police Pursuit
(Ford Explorer V6 AWD)
(Ford Explorer V6 AWD - HEV)
CONTRACTOR: Folsom Lake Ford
CONTRACT TERM: 5/11/2022 through 5/10/2027
STATE CONTRACT ADMINISTRATOR: *Jamie Boes*
*279-240-7470*
*[email protected]* The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions, rev 06/08/2010
Cal eProcure link: www.caleprocure.ca.gov
ORDER PLACEMENT INFORMATION
Mailing Address:
Folsom Lake Ford
12755 Folsom Blvd.
Folsom, CA 95630
Fax/Email:
Fax: (916) 353-2078
Email:
[email protected]
Contact Information:
Folsom Lake Ford
Mark Paoli
Phone: (916) 351-4202
Email:
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, *Supplement 8*
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*8* * Supplement 8 reflects the following changes:
Cover Page: Contract Administrator has
been updated
Article 26: Contract Administrator has
been updated.*
*4/7/2026*
7 Supplement 7 reflects the following changes:
Cover Page: Contract Administrator has been
updated
Article 26: Contract Administrator has been
updated.
10/7/2025
6 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
change:
Cover Page: Contract expiration date has
been updated to extend the contract.
Attachment A Contract Pricing, Supplement
6 has been updated to reflect open ordering
bank and new MY cost.
8/1/2025
5 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
change:
Attachment A Contract Pricing, Supplement
5 has been updated to reflect OEM ordering
bank status
5/23/2025
4 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
change:
Article 38: has been updated to new title and
language.
4/10/2025
3 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
changes:
Cover Page: Contract expiration date has
been updated to extend contract.
Article 37, VETTED
FORMS/CERTIFICATIONS has been added.
7/29/2024
194
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, *Supplement 8*
Supplement
Number Description/Articles Supplement
Date
2 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
changes:
Cover Page Note
Attachment A Contract Pricing, Supplement
2 has been updated to reflect a price increase.
Effective February 1, 2024, orders for 25MY
will be accepted.
1/30/2024
1 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
changes:
Attachment A Contract Pricing, Supplement
1 has been updated to reflect a price increase.
Effective September 9, 2022, orders for 23MY
will not be accepted and 23MY vehicles will
not be available until further notice.
Note: The cut-off date to submit orders for
23MY is close of business September 8,
2022.
9/2/2022
N/A Original Contract Posted 5/11/2022
All other terms and conditions remain the same.
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To: Honorable Mayor and Members of the City Council Regular From: Dale Goodman, Public Works Director
Subject: SANTA PAULA GEOLOGIC HAZARD ABATEMENT DISTRICT FISCAL YEAR 2026/27 ANNUAL BUDGET AND ASSESSMENT LEVY
Date: June 17, 2026
Agenda Item: 11.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the GHAD Board of Directors:
1. Conduct a public hearing on the proposed assessment levy for the Santa Paula Geologic Hazard Abatement District
2. Adopt Resolution 7617 approved the fiscal year 2026/2027 budget and extending a $1,292.00 assessment levy per residential parcel onto the fiscal year 2025/2026 tax roll for the Santa Paula Geologic Hazard Abatement District.
Presented by: Dale Goodman, Director of Public Works
BACKGROUND:
In 2008, the Santa Paula City Council formed the Santa Paula Geologic Hazard Abatement District (GHAD). Annually, the members of the City Council convene as the GHAD Board, which is required to set the assessment necessary to fund the maintenance and repair of the drainage, open space, and geologic slope stabilization facilities. For Fiscal Year 2026/2027, the maximum assessment limit is $2,294.41 per residential parcel for the Santa Paula GHAD.
Staff reviewed the draft Fiscal Year (FY) 2026/2027 GHAD budget with the GHAD Manager (ENGEO) to set the assessment level for the next fiscal year. After reviewing the FY 2026/2027 proposed budget and reserve account balance, staff ultimately concluded to set the assessment amount for Fiscal Year 2026/2027 at $1,292.00. At that assessment level, the reserve balance at the end of Fiscal Year 2026/2027 is projected to be approximately $922,000. The District Board’s approval of Resolution No. 7617 sets the assessment at $1,292.00 per residential parcel for FY 2026/2027.
ANALYSIS:
None. This is an annual budget for the GHAD program.
STRATEGIC PLAN:
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This item is not a goal or objective in City Council’s two-year Strategic Plan; however, by adopting this assessment, the District Engineer will use these funds to maintain the GHAD Program on behalf of the benefit area residents.
FISCAL IMPACTS:
The Fiscal Year 2026/27 assessment totals $96,900 for seventy-five residential parcels within the Santa Paula GHAD. The County of Ventura Assessor’s Office collects the assessments. In addition to the assessment total for FY 2026/27, the investment income on the District’s reserves is estimated at about $32,888.
The Fiscal Year 2025/26 and 2026/27 projected ending fund balances with proposed expenditures are as follows:
Current Assessment (December 2026 Property Taxes)
Beginning Fund Balance (July 1, 2025) ................. $781,183 FY 2025/2026 Estimated Revenue............................. $123,688 FY 2025/2026 Estimated Expenditures...................... ($41,187) Estimated Fund Balance (June 30, 2026).............. $863,684 FY 2026/2027 Estimated Revenue............................. $129,788 FY 2026/2027 Estimated Expenditures.................... ( $71,700) Estimated Fund Balance (June 30, 2027).............. $921,772 OPTIONS:
The Board has the following available alternative option to staff’s recommendations:
1. Do not adopt Resolution No. 7617 approving the FY 2026/2027 budget and placing a $1,292.00 per residential parcel assessment onto the 2026/2027 property tax roll for the Santa Paula GHAD. This would hinder the Santa Paula GHAD from providing preventive maintenance and operations such as slope stabilization and erosion protection.
Furthermore, this would reduce the GHAD reserve which is intended to fund unanticipated expenses that may occur.
ATTACHMENTS:
Exhibit A - Resolution No. 7617
Exhibit B - 2026 Notice of Public Hearing - GHAD
Exhibit C- Santa Paula GHAD Program Budget 2026-27
198
EXHIBIT A
RESOLUTION NO. 7617
A RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS FOR
THESANTA PAULAGEOLOGICHAZARD ABATEMENT
DISTRICT
199
RESOLUTION NO. 7617
A RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS FOR THE
SANTA PAULA GEOLOGIC HAZARD ABATEMENT DISTRICT LEVYING
ASSESSMENTS WITHIN THE DISTRICT.
The Board of Directors of the Santa Paula Geologic Hazard Abatement District does resolve as follows:
SECTION 1:The Board of Directors finds as follows:
A. The Santa Paula Geologic Hazard Abatement District (“GHAD”) was established for the purpose of preventing, mitigating, abating, and controlling geologic hazards, pursuant to Public Resources Code §§ 26500, et seq.
B. The GHAD Board of Directors was presented with an Engineer’s Report for the District prepared by a registered professional engineer certified in the State of California in compliance with Public Resources Code § 26651(a) and § 4(b) of Article XIII(D) of the California Constitution. The Engineer’s Report, entitled Engineer’s Report for Santa Paula Geologic Hazard Abatement District and dated March 31, 2008, and revised May 1, 2008, was adopted by the Board pursuant to GHAD Resolution No. 1 on June 2, 2008, and is incorporated herein by reference.
C. The Engineer’s Report describes the administration, monitoring and maintenance of improvements related to geologic hazards management within the Santa Paula GHAD and explains the estimated budget, the total assessment that will be chargeable to the entire Santa Paula GHAD, the assessment to be levied against each parcel of property within the boundaries of the Santa Paula GHAD, and a description of the method used in formulating the assessment.
D. The GHAD Board of Directors approved the Engineer's Report pursuant to GHAD Resolution No. 1 and found that a reliable source of funding is required to pay for the cost and expenses of maintaining and operating GHAD improvements acquired or constructed for the GHAD pursuant to Public Resources Code §§ 26500, et seq.
E. The special benefit derived from the GHAD by each parcel is proportionate to the entire costs of the GHAD, and the amount of the assessment is proportional to, and no greater than, the benefits conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional special benefit conferred on each parcel.
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F. Public Resources Code §§ 26650, et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements. Article XIIID of the California Constitution (“Proposition 218”) imposes additional requirements for the levy and collection of an assessment.
G. On July 28, 2008, the Board held a public hearing to consider the results of a protest proceeding conducted in accordance with California Constitution Article XIIID, § 4. Because the valid number of protests received by the GHAD did not represent a majority protest, the Board was authorized to levy the assessment.
H. Based on the Engineer’s Report, the original assessment was set at a limit of $1,414.00, in 2008/2009 dollars, per residential unit which has been adjusted annually based on the Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim area, which in FY 2026/27 dollars would be $2,294.41 per unit.
I. By this Resolution, the Board intends to levy an assessment of $1,292.00 per unit against each parcel of property within the boundaries of the Santa Paula GHAD for FY 2026/27.
J. Because there is no increase in the assessment limit and the Board complied with the initial notice, protest, and hearing requirements, under Government Code § 53735.5, such requirements do not apply to this proposed assessment levy amount.
SECTION 2: The Board of Directors orders the levy and collection of an annual assessment against the lots and parcels within Santa Paula GHAD of $1,292.00 per residential parcel for Fiscal Year 2026/2027.
SECTION 3: The Board of Directors directs the Clerk to file, in the office of the County Recorder for the County of Ventura, a copy of the assessment diagram, and comply with all other requirements set forth in Public Resources Code § 26654 and Streets and Highways Code § 3114.
SECTION 4: The assessment will be collected by the County Tax Collector in accordance with the procedures set forth in Public Resources Code § 26654.
SECTION 5: The revenues received by the GHAD as a result of the assessments to be levied pursuant to this Resolution will be placed in a fund identified as the "Santa Paula Geologic Hazard Abatement District Fund." Payments from this fund can only be used in accordance with applicable law.
SECTION 6: The Board finds that levying assessments on the lots and parcels within Santa Paula GHAD is exempt from environmental review under Public Resources Code §§ 26601 and 21080(b)(4), as the California Environmental Quality Act does 201
not apply to actions necessary to prevent or mitigate an emergency and all activities in furtherance of the GHAD are deemed necessary to prevent or mitigate an emergency.
SECTION 7: This Resolution will take effect immediately upon adoption.
PASSED AND ADOPTED this 17th day of June, 2026
Carlos Juarez, Chair
ATTEST:
Julie Latshaw, GHAD Clerk
APPROVED AS TO FORM:
Monica Castillo, GHAD Attorney
APPROVED AS TO CONTENT:
Dan Singer, City Manager
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CITY OF SANTA PAULA
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Santa Paula City Council will hold a public hearing on Wednesday, June 17, 2026, commencing at 6:30 pm or as soon thereafter as possible, in the Santa Paula Council Chambers, 970 Ventura St. The public hearing will allow testimony regarding the City’s proposed assessment for the Santa Paula Geologic Hazard Abatement District (“GHAD”) and placing a $1,292.00 per parcel assessment onto the December 2026 tax roll for the GHAD. The assessment will only be placed on the properties shown below.
All interested persons are invited to be present and heard at the meeting. Anyone who seeks to challenge the decisions of the City Council in court with respect to these matters may be limited to raising only those issues raised by the public hearing described in this notice, or in written correspondence delivered to the city, at or before the public hearing, Public comment may be submitted at [email protected]. The deadline to submit comments is 3:00 PM (PT) the day of the City Council meeting. We will take your comments in the order they were sent.
Information relating to the above matter will be available upon request from the City Clerk’s office starting 10-days prior to the hearing.
To be published in the Santa Paula Times on Wednesday, June 3, 2026.
District Area Parcel Map: [Next Page]
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EXHIBIT C
Santa Paula Geologic Hazard Abatement District Program
Budget for Fiscal Year 2026/27
205
SANTA PAULA GEOLOGIC HAZARD ABATEMENT DISTRICT
PROGRAM BUDGET FOR FISCAL YEAR 2026/27
206
2633 Camino Ramon, Suite 250 San Ramon, CA 94583 (925) 866-9000 [email protected] www.engeo.com
May 21, 2026
Santa Paula Geologic Hazard Abatement District Board of Directors Chair Carlos Juarez
Vice Chair Jenny Crosswhite
Boardmember Leslie Cornejo
Boardmember Pedro Chavez
Boardmember Gabby Ornelas
Santa Paula Geologic Hazard Abatement District
970 East Ventura Street
Santa Paula, CA 93060-3637
Subject: Santa Paula Geologic Hazard Abatement District Ridgeview at Vista Glen
Santa Paula, California
PROGRAM BUDGET FOR FISCAL YEAR 2026/27
Dear Chair Juarez and Boardmembers:
Attached is the program budget for the Santa Paula Geologic Hazard Abatement District (GHAD) for Fiscal Year (FY) 2026/27. The proposed program budget is $71,700. The budget expenses break down into the following approximate percentages of the total revenue.
Administration and Accounting................................10 percent Additional - Outside Professional Services................4 percent Preventive Maintenance and Operations ................41 percent Special Projects ........................................................0 percent Major Repair .............................................................0 percent Reserve ..................................................................45 percent The budget anticipates FY 2026/27 revenue of $129,788 with an estimated contribution of $58,088 to the reserve fund. A summary of the expenses is shown in Table 2, followed by a brief description of each budget item on the following pages.
If you have any questions regarding the contents of this letter, please contact us.
Sincerely,
Santa Paula Geologic Hazard Abatement District
ENGEO Incorporated, GHAD Manager
ENGEO Project No. 7290.002.025
Haley Ralston Robert H. Boeche
hjr/eh/rhb/ca
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Santa Paula Geologic Hazard Abatement District Board of Directors 7290.002.025 Santa Paula Geologic Hazard Abatement District May 21, 2026 PROGRAM BUDGET FOR FISCAL YEAR 2026/27 Page 1
SANTA PAULA GEOLOGIC HAZARD ABATEMENT DISTRICT
PROPOSED PROGRAM BUDGET
FISCAL YEAR 2026/2027
The following proposed program budget summarizes the anticipated revenues and expenditures for fiscal year (FY) 2026/27 for the Santa Paula Geologic Hazard Abatement District (GHAD), which currently includes the Ridgeview at Vista Glen (“Ridgeview”) development. The structure of the Santa Paula GHAD is shown below.
EXHIBIT 1: Santa Paula GHAD Structure
The GHAD has had monitoring and maintenance responsibilities within the Ridgeview development since 2016, when the GHAD Board of Directors adopted Resolution No. 6974 accepting responsibility for GHAD-maintained improvements.
REVENUE
The GHAD is funded through real property assessments. The initial assessment limit was approved by the Board of Directors with the adoption of Resolution 2008-03(G) on July 28, 2008, at $1,414 in 2008/2009 dollars. The assessment limit is adjusted annually on April 30 to reflect the percentage change in the Los Angeles-Long Beach-Anaheim Consumer Price Index (CPI) for All Urban Consumers. For fiscal year (FY) 2026/27, the assessment limit increased by
3.68 percent to reflect an increase in the CPI.
The annual assessment limits are as follows.
TABLE 1: CPI Adjustments
FISCAL YEAR LOS ANGELES CPI
(APRIL/APRIL) ASSESSMENT LIMIT ANNUAL ASSESSMENT LEVY
2008/2009 $1,414.00 $1,414.00
2009/2010 -1.31% $1,395.54 $1,414.00
2010/2011 1.90% $1,422.13 $1,414.00
2011/2012 3.28% $1,468.73 $1,414.00
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Santa Paula Geologic Hazard Abatement District Board of Directors 7290.002.025 Santa Paula Geologic Hazard Abatement District May 21, 2026 PROGRAM BUDGET FOR FISCAL YEAR 2026/27 Page 2
FISCAL YEAR LOS ANGELES CPI
(APRIL/APRIL) ASSESSMENT LIMIT ANNUAL ASSESSMENT LEVY
2012/2013 1.52% $1,491.06 $1,414.00
2013/2014 0.92% $1,504.76 $1,414.00
2014/2015 1.42% $1,526.13 $1,414.00
2015/2016 0.47% $1,533.25 $1,414.00
2016/2017 1.97% $1,574.01 $1,414.00
2017/2018 2.66% $1,605.03 $1,112.00
2018/2019 3.97% $1,668.76 $1,156.00
2019/2020 3.34% $1,724.47 $1,194.00
2020/2021 0.70% $1,782.04 $1,202.00
2021/2022 3.61% $1,846.35 $1,246.00
2022/2023 7.87% $1,991.66 $1,246.00
2023/2024 3.82% $2,058.15 $1,246.00
2024/2025 3.90% $2,148.45 $1,246.00
2025/2026 3.00% $2,232.23 $1,246.00
2026/2027 3.68% $2,294.41 $1,292.00
For FY 2026/27, all 75 residential parcels within the Ridgeview at Vista Glen development are subject to the levy of GHAD assessments. The assessment roll for FY 2026/27 is estimated to total $96,900 with the recommended assessment levy at $1,292.00 per residential parcel, which reflects an inflation increase from the levy amount approved for FY 2025/26. In addition, as shown on Graph 1, the rate of accumulation towards the target reserve remains above the projected estimates in the approved 2008 Engineer’s Report. Each year, GHAD Staff will review the projected reserve account balance against the target reserve balance and determine if the assessment levy needs to be adjusted to remain on track with the target reserve balance.
As provided in the approved Engineer’s Report, the assessment limit will continue to be adjusted for inflation annually. This determination is made by the GHAD Board each year during approval of the annual budget for the GHAD. As long as the GHAD Board levies future assessments in accordance with the Engineer's Report, a vote of property owners is not required; a vote is only required if the assessment limit is proposed to be increased beyond that allowed in the Engineer's Report.
EXPENSES
The budget amounts listed are based on the Engineer’s Report approved by the Santa Paula GHAD Board of Directors in 2008. The budget amounts have been inflation-adjusted to maintain a constant-dollar value in the listed budget estimates. The budget is divided into four categories including Administration and Accounting, Preventive Maintenance and Operations, Special Projects, and Major Repair. As needed, the GHAD Manager may, in its discretion, reallocate funds within different categories of the budget.
ADMINISTRATION AND ACCOUNTING
This category includes administrative expenses for tasks of the GHAD Manager, clerical, and accounting staff related to the administration and operation of the GHAD. 209
Santa Paula Geologic Hazard Abatement District Board of Directors 7290.002.025 Santa Paula Geologic Hazard Abatement District May 21, 2026 PROGRAM BUDGET FOR FISCAL YEAR 2026/27 Page 3
PREVENTIVE MAINTENANCE AND OPERATIONS
Preventive maintenance and operations include slope stabilization, erosion protection, and professional services within the GHAD. Professional services include site-monitoring as specified in the GHAD Plan of Control. Slope stabilization and erosion protection responsibilities include the open-space slopes. GHAD-maintained improvements generally include detention and water-quality improvements, concrete-lined drainage ditches, retaining walls, splash walls, Geobrugg catchment fences, subdrains, storm drain facilities, and vegetation management for fire suppression (Parcel “C” only, which is a GHAD-owned parcel).
SPECIAL PROJECTS
The Special Projects category allows the GHAD to budget for projects beneficial to the GHAD that do not fit into one of the other three categories. Although not proposed in the FY 2026/27 budget, special projects can include items such as geographic information system (GIS) development for GHAD-maintained improvements, website development and maintenance, and reserve studies to reevaluate the financial condition of the GHAD.
MAJOR REPAIR
Included within the major repair category are those repair or improvement projects that are intermittent and, by their nature, do not fit within a scheduled maintenance program. Minor slope repair and erosion control items are generally funded within the Preventive Maintenance and Operations category. For the purposes of this budget, we define major repairs as those estimated at over $250,000.
TABLE 2: Summary of Use of Funds
USE OF FUNDS
FY 2025/26
ESTIMATE*
FY 2025/26
BUDGET
FY 2026/27
PROPOSED
PERCENT
CHANGE
FROM
FY 2025/26
MAJOR REPAIRS
Subtotal $0 $0 $0 0.0%
PREVENTIVE MAINTENANCE AND OPERATIONS – PROFESSIONAL SERVICES Open Space Scheduled Monitoring
Events $9,850 $9,850 $10,200
Heavy Rainfall Monitoring Events $3,000 $3,000 $3,150
Subtotal $12,850 $12,850 $13,350 3.9%
PREVENTIVE MAINTENANCE AND OPERATIONS – MAINTENANCE AND OPERATIONS Sediment Removal Concrete
Structures $4,063 $3,900 $4,375
Vegetation Management and
Revegetation $5,850 $5,850 $7,375
Open Space Maintenance $0 $0 $14,000
Subdrain Outlet Maintenance $0 $2,000 $1,000
Slope Stabilization and Erosion
Repairs $0 $13,000 $10,000
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Santa Paula Geologic Hazard Abatement District Board of Directors 7290.002.025 Santa Paula Geologic Hazard Abatement District May 21, 2026 PROGRAM BUDGET FOR FISCAL YEAR 2026/27 Page 4
USE OF FUNDS
FY 2025/26
ESTIMATE*
FY 2025/26
BUDGET
FY 2026/27
PROPOSED
PERCENT
CHANGE
FROM
FY 2025/26
Maintenance Stormwater
Improvements $0 $2,700 $2,700
Subtotal $9,913 $27,450 $39,450 43.7%
SPECIAL PROJECTS
Subtotal $0 $0 $0 0.0%
ADMINISTRATION AND ACCOUNTING
Administration – City of Santa Paula
to GHAD $4,000 $4,000 $4,000
GHAD Manager $5,025 $5,025 $5,200
Subtotal $9,025 $9,025 $9,200 1.9%
PROFESSIONAL SERVICES – NON-TECHNICAL
GHAD Manager – Contracting and
Oversight $5,450 $5,450 $5,650
GHAD Manager – Consultation and
Meetings $2,400 $2,400 $2,500
Treasurer $630 $630 $630
Ventura County Assessor’s Fees $300 $300 $300
California Association of GHADs
Membership $119 $119 $120
Insurance – General Liability $500 $500 $500
Subtotal $9,399 $9,399 $9,700 3.2%
*FY 2025/26 Estimate Includes Actual Expenses through April 30, 2026, and estimates for remaining expenditures through June 30, 2026.
TABLE 3: Summary of Proposed Fiscal Year 2026/27 Budget
BUDGET ITEM LABEL BUDGET
AMOUNT
PERCENTAGE
OF TOTAL
REVENUE
MAJOR REPAIRS
Subtotal $0 0%
PREVENTIVE MAINTENANCE AND
OPERATIONS
Professional Services
Open Space Scheduled Monitoring Events $10,200
Heavy Rainfall Monitoring Events $3,150
Subtotal $13,350 10%
Contractor Services
Sediment Removal – Concrete Structures $4,375
Vegetation Management and Revegetation $7,375
Open Space Maintenance $14,000
Subdrain Outlet Maintenance $1,000
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Santa Paula Geologic Hazard Abatement District Board of Directors 7290.002.025 Santa Paula Geologic Hazard Abatement District May 21, 2026 PROGRAM BUDGET FOR FISCAL YEAR 2026/27 Page 5
BUDGET ITEM LABEL BUDGET
AMOUNT
PERCENTAGE
OF TOTAL
REVENUE
Slope Stabilization and Erosion Protection $10,000
Stormwater Improvement Maintenance $2,700
Subtotal $39,450 30%
SPECIAL PROJECTS
Subtotal $0 0%
ADMINISTRATION
Administration – GHAD to City of Santa Paula $4,000
GHAD Manager $5,200
Subtotal $9,200 7%
ADMINISTRATION PROFESSIONAL
SERVICES – NON-TECHNICAL
GHAD Manager – Contracting and Oversight $5,650
GHAD Manager – Consultation and Meetings $2,500
Treasurer $630
Ventura County Assessor’s Fees $300
California Association of GHADs Membership $120
Insurance – General Liability $500
Subtotal $9,700 8%
TOTAL PROPOSED EXPENDITURES $71,700
ESTIMATED RECEIVABLES
Fund Balance (July 1, 2025) $794,523
FY 2025/26 Estimated Revenue $123,688
FY 2025/26 Estimated Expenditures $41,187
ESTIMATED FUND BALANCE JUNE 30,
2026
TOTAL $877,024
FY 2026/27 Estimated Revenue $129,788
FY 2026/27 Expenses $71,700
ESTIMATED RESERVE/FUND BALANCE
ON JUNE 30, 2027
TOTAL $935,112
The current Program Budget estimates that at the beginning of the 2026/27 fiscal year, the cumulative reserve will be about $877,024 and $935,112 at the end of FY 2026/27. As shown in the graph below, the cumulative reserve is above the amount estimated in the 2008 Engineer’s Report and is estimated to reach approximately $4,350,000 by 2048. The GHAD reserve is intended to fund unanticipated expenses that may occur. 212
Santa Paula Geologic Hazard Abatement District Board of Directors 7290.002.025 Santa Paula Geologic Hazard Abatement District May 21, 2026 PROGRAM BUDGET FOR FISCAL YEAR 2026/27 Page 6
GRAPH 1: Cumulative Reserve
We attribute the additional reserve accumulation to a number of factors including (1) the expenditures for maintenance of the open space surrounding the development have been lower than anticipated in the 2008 Engineer’s Report; (2) a large-scale repair has not been necessary within the GHAD-maintained areas; and (3) the budgets submitted and expenditures made by the current GHAD manager reflect the lower level of activity, thus allowing a higher percentage of the GHAD revenues to be applied to the reserve portion of the budget, while maintaining an appropriate monitoring and maintenance program.
ADMINISTRATION AND ACCOUNTING
GHAD Management
Administration
City Services
This budget item accounts for payment of GHAD-authorized fees for City of Santa Paula services.
Administrative expenses include the Public Works Department duties related to the operation and administration of the GHAD.
Estimated Budget: $4,000
GHAD Manager
Administrative expenses include the GHAD Manager duties related to the budgeting, operation, and administration of the GHAD. The budget estimate for the accounting and administrative services is derived from the original GHAD budget used to prepare the GHADs Engineer’s Report.
Estimated Budget: $5,200
-$1,000,000
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
200820102012201420162018202020222024202620282030203220342036203820402042204420462048 Dollars
Fiscal Year July 1 through June 30
Santa Paula GHAD - Cumulative Reserve 40 - Year
Forecast Cumulative Reserve Actual Cumulative Reserve (Estimated where dashed) 213
Santa Paula Geologic Hazard Abatement District Board of Directors 7290.002.025 Santa Paula Geologic Hazard Abatement District May 21, 2026 PROGRAM BUDGET FOR FISCAL YEAR 2026/27 Page 7
Outside Professional Services – Non-Technical
GHAD Contracting and Oversight Services
This budget item includes contracting for GHAD Manager maintenance, repair, and emergency response that may occur during FY 2026/27.
Estimated Budget: $5,650
Meeting and Consultation
This budget item allows for GHAD Manager meetings and consultation with the City of Santa Paula, the Ridgeview at Vista Glen Homeowners Association, and the GHAD Board of Directors during this period.
Estimated Budget: $2,500
Treasurer
This budget item accounts for fees related to investment of the GHAD reserve funds and processing of accounts payable.
Estimated Budget: $630
Ventura County Assessor’s Fees
This budget item accounts for fees from the Ventura County Assessor’s Office.
Estimated Budget: $300
California Association of GHADs Membership
The GHAD maintains membership in the California Association of GHADs.
Estimated Budget: $120
Insurance
The GHAD maintains general liability insurance through the California Association of GHADs for GHAD-owned open space areas within the GHAD (Parcel C only).
Estimated Budget: $500
PREVENTIVE MAINTENANCE AND OPERATIONS
Professional Services
Scheduled Monitoring Events
As provided in the Plan of Control, there are two scheduled monitoring events and heavy rainfall monitoring events. In general, these monitoring events will occur in April, after winter rains, and October, before winter rains.
Estimated Budget: $10,200
Heavy Rainfall Monitoring Events
As described in the Plan of Control, heavy rainfall monitoring events are to occur when precipitation totals greater than 2 inches in a 24-hour period. We anticipate two heavy rainfall monitoring events may occur during the 2026/27 fiscal year.
Estimated Budget: $3,150
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Santa Paula Geologic Hazard Abatement District Board of Directors 7290.002.025 Santa Paula Geologic Hazard Abatement District May 21, 2026 PROGRAM BUDGET FOR FISCAL YEAR 2026/27 Page 8
Maintenance and Operations
Sediment Removal - Concrete Structures
This budget item is to provide for the periodic removal of vegetation, cleaning, sealing, and minor repair of concrete-lined drainage ditches.
Estimated Budget: $4,375
Maintenance – Stormwater Improvements
This budget item is to provide for the maintenance of stormwater improvements within the Ridgeview development including the CDS unit maintenance, as necessary.
Estimated Budget: $2,700
Vegetation Management and Revegetation
This budget item includes firebreak mowing on Parcel “C,” vegetation management, and revegetation, which will occur during the 2026/27 fiscal year.
Estimated Budget: $7,375
Open Space Maintenance
This budget item allows for open space on Parcel “C” related to vegetation management around the Geobrugg catchment fences, which will occur during the 2026/27 fiscal year.
Estimated Budget: $14,000
Subdrain Outlets
This budget item provides for subdrain outlets to be located, relocated, and repaired, as necessary.
Estimated Budget: $1,000
Slope Stabilization and Erosion Repairs
This is for unanticipated minor repairs, including slope instability or erosion, which may occur during the 2026/27 fiscal year.
Estimated Budget: $10,000
SPECIAL PROJECTS
There are currently no special projects anticipated in the 2026/27 fiscal year budget within the GHAD-maintained areas of the Santa Paula GHAD.
MAJOR REPAIRS
There are currently no major repair projects anticipated in the 2026/27 fiscal year budget within the GHAD-maintained areas of the Santa Paula GHAD. While no major repairs are ongoing at this time, by their nature, major repairs such as landslides are unpredictable and could occur during the 2026/27 fiscal year. The reserve portion of the budget allows for funding toward these unpredictable events.
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To: Honorable Mayor and Members of the City Council Regular From: Dale Goodman, Public Works Director
Subject: HILLSBOROUGH OPEN SPACE MAINTENANCE DISTRICT
ASSESSMENT
Date: June 17, 2026
Agenda Item: 11.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Conduct a public hearing on the proposed assessment for the Hillsborough Open Space Maintenance District.
2. Adopt Resolution No. 7618 placing a $150 per parcel special assessment onto the December 2026 tax roll for the Hillsborough Open Space Maintenance District.
Presented by: Dale Goodman, Director of Public Works
BACKGROUND:
In January 1990, the City Council adopted an ordinance establishing the Hillsborough Open Space Maintenance District (District). The District initially consisted of sixty-nine parcels. An additional two parcels were annexed into the District when the Council approved the Vista Pointe Development. The purpose of the District is to provide for the costs for maintenance of open space parcels, as well as the maintenance and repair of the flood control and drainage facilities located within the District. See Exhibit A for the location of the parcels in the District.
ANALYSIS:
District maintenance activities are summarized below.
1. Landscape and irrigation maintenance.
2. Tree and shrub pruning.
3. The cost for landscape irrigation water service to provide landscape water for the parcels described in Exhibit B and the cost of the electric service required to run the electric controller for the irrigation system.
4. The maintenance, repair and replacement of the storm drain facilities, including but not limited to the detention basin, all structures and pipes including storm drains, open concrete channels, gunite and riprap, swales and masonry walls.
5. Yearly bi-annual inspection of drainage facilities and engineer’s report. 216
The existing detention basin and associated storm drain outlet adjacent to Loma Vista Place has experienced deterioration in recent years. The effects of significant rain events over the past winter storm seasons have exacerbated the deteriorated outlet structure condition, resulting in damage to the corrugated metal pipe (CMP) outlet riser and associated lateral outlet pipe that will need to be repaired prior to the next storm season. An estimated cost for this repair is included in the Fiscal Impacts section of this Report.
STRATEGIC PLAN:
This item is not a goal or objective in City Council’s two-year Strategic Plan; however, by adopting this assessment, these funds will be used by the District Engineer to maintain the Maintenance District on behalf of the benefit area residents.
FISCAL IMPACTS:
Fiscal Year 2026/2027 regular/routine expenses are currently estimated at $9,270 with a breakdown in the following summary.
Landscaping $5,460
Tree Trimming & Maintenance $3,150
Pest Control $660
Total $9,270
Additionally, the costs of repairing the detention basin and associated storm drain are included as a separate line item, and should be considered an estimate.
Estimated Ending and Beginning Fund Balances are shown below Beginning Fund Balance June 30, 2025 $38,137.83
FY 2025-2026 Estimated Revenue $11,680
FY 2025-2026 Estimated Expenditures ($8,860)
FY 2025-2026 Estimated Fund Balance June 30, 2026 $40,957.83 Estimated FY 2026-2027 Revenue $11,680
FY 2026-2027 Estimated Expenditures ($9,270)
FY 2026-2027 Estimated Expenditures (Storm
Drain Repair)
($20,000)
FY 2026-2027 Estimated Fund Balance $23,367.83
OPTIONS:
The Board has the following available alternative option to staff’s recommendations:
1. Do not adopt Resolution No. 7618 approving the FY 2026/2027 budget and placing a $150.00 per parcel special assessment onto the December 2026 tax roll for the Hillsborough Open Space Maintenance District. This would hinder the Maintenance District from providing regular landscaping and drainage maintenance and critical infrastructure repairs.
217
ATTACHMENTS:
EXHIBIT A - District Map
EXHIBIT B - Notice of Public Hearing
EXHIBIT C - Reso 7618 Hillsborough Maintenance District 218
EXHIBIT A
Hillsborough Open Space Maintenance District Map
219
220
EXHIBIT B
Notice of Public Hearing for Hillsborough Maintenance
District
221
CITY OF SANTA PAULA
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Santa Paula City Council will hold a public hearing on Wednesday, June 17, 2026 commencing at 6:30 pm, or as soon thereafter as possible, in the Santa Paula Council Chambers, 970 Ventura Street. The public hearing will allow testimony regarding the City’s proposed assessments for the Santa Paula Hillsborough Open Space Maintenance District and placing a $150 per parcel assessment onto the December 2026 tax roll for the Hillsborough Open Space Maintenance District.
All interested persons are invited to be present and heard at said meeting. The deadline to submit comments is 3:00 PM (PT) the day of the Council meeting. We will take your comments in the order they were sent.
Information relating to the above matter will be available upon request from the City Clerk’s office starting 10 days prior to the hearing.
To be published in the Santa Paula Times Wednesday, June 3, 2026. 222
EXHIBIT C
Resolution No. 7618
223
RESOLUTION NO. 7618
A RESOLUTION CONFIRMING A $150 ASSESSMENT ON THE TAX ROLL FOR ALL 71 PARCELS IN THE HILLSBOROUGH OPEN SPACE
MAINTENANCE DISTRICT IN ACCORDANCE WITH GOVERNMENT
CODE § 54715.
The City Council for the City of Santa Paula does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The Hillsborough Open Space Maintenance District (“District”) was established pursuant to Santa Paula Ordinance Nos. 925 and 932 in accordance with Government Code §§ 54703, et seq.
B. It is in the public interest for the Board to take actions in accordance with Government Code § 54715, to fully fund the District’s maintenance costs and maintenance of the parcels shown on Exhibit “A,” which is incorporated by reference.
C. Based upon the City Engineer’s recommendations, it appears that a $150 annual assessment on all properties located within the District will over time fully fund the maintenance costs.
D. As no increase in the assessment is proposed, the notice, hearing, and protest procedures in Government Code § 53735 are not required to adopt this Resolution.
SECTION 2: In accordance with the applicable sections of the Benefit Assessment Act of 1982 (Government Code §§ 54703, et seq.), the City Council, in its capacity as the Hillsborough Open Space Maintenance District Board, adopts an annual assessment of $150 on all 71 parcels within the District as listed on attached Exhibit “B,” which is incorporated by reference.
SECTION 3: The City Manager, or designee, is directed to take such actions that are needed to place this assessment on the December 2024 property tax rolls including, without limitation, forwarding this Resolution to the Ventura County Assessor’s Office.
SECTION 4: This resolution will become effective immediately upon adoption. 224
PASSED AND ADOPTED this 17th day of June, 2026
Carlos Juarez, Mayor
ATTEST:
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
Dan Singer, City Manager
225
EXHIBIT A
HILLSBOROUGH OPEN SPACE DISTRICT MAP
226
HILLSBOROUGH OPEN SPACE
MAINTENANCE DISTRICT
227
Exhibit “B”
HILLSBOROUGH OPEN SPACE MAINTENANCE DISTRICT
Parcel Amount of Parcel Amount of
Number Assessment Number Assessment
1000261015 150.00 1000280185 150.00
1000261025 150.00 1000280195 150.00
1000261035 150.00 1000280205 150.00
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D:\Santa Paula\City Council\Meetings\06192024\Hillsborough Open Space Maintenance District\Exhibit B.doc 228
To: Honorable Mayor and Members of the City Council Regular From: Bruce Belluschi, Management Analyst
Subject: ATHENS SERVICES REQUEST FOR EXTRAORDINARY ADJUSTMENT
TO MAXIMUM SERVICE RATES FOR RESIDENTIAL AND
COMMERCIAL COLLECTION SERVICES
Date: June 17, 2026
Agenda Item: 12.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve Athens Services’s request for an additional three (3) consecutive one-percent (1%), permanent annual rate increases to the maximum rates for residential and commercial solid waste collection services set forth in the current Exclusive Collection Services Agreement.
2. If the rate increase request is approved, approve provisions of the proposed Amendment implementing the rate increase, clarifying the Extraordinary Rate Adjustment process, and requiring Athens to reimburse the City for Proposition 218 costs up to $30,000.
3. Approve a provision of the proposed Amendment regarding City's permissible use of fees set forth in Section 3.05.
4. Authorize the City Manager to execute the proposed Amendment with approved provisions.
Presented by: Bruce Belluschi, Management Analyst
BACKGROUND:
On November 22, 2024, Arakelian Enterprises, Inc. d/b/a Athens Services (Athens) provided a written request to the City to discuss an Extraordinary Adjustment to Maximum Service Rates pursuant to Section 4.08 of its Exclusive Collection Services Agreement (Agreement) with the City dated October 1, 2022 due to unanticipated costs related to solid waste collection from the City. This request did not contain a proposed rate increase.
More specifically, the facility to which Athens delivers collected solid waste, green waste and organic material, the Del Norte Regional Recycling and Transfer Station (Del Norte) located in, and owned and operated by, the City of Oxnard, raised its disposal gate rates (i.e., “tipping fees”) significantly on July 1, 2024.
Additionally, on October 7, 2023, this same facility informed Athens it would no longer accept green and organics waste collected from within the greater Santa Paula area due to concerns about such waste being collected from within the California Department of Food and 229
Agriculture’s active quarantine zone and potentially being contaminated by the Huaglongbing (HLB) disease. Due to how Athens collected green waste (mixing green and unbagged organic (including food) waste together), Athens could not deliver all of the collected green waste to Del Norte, and, instead, began delivering the material to a processing facility in Sun Valley, CA, approximately 35 miles farther away. Delivery to Sun Valley continued until May 2025.
After the November 2024 request, and per Staff’s request, Athens submitted a specific rate request dated January 16, 2025 with supporting documentation. This original request was for a one-time 8.11% rate increase with a Trash CPI[1] +1 starting in year 2029. City staff met with Athens several times and spent significant time reviewing various aspects of the company’s rate increase request within the context of regional solid waste management practices, processing infrastructure and disposal costs. Staff denied the request.
After rejecting the first request, Athens and City staff continued to meet to discuss Athens’s costs concerns. Over this same time period, Athens implemented additional cost-savings processes among other beneficial measures, including cultivating more cooperative arrangements with regional processing facilities owned by other waste collection companies.
Consequently, Athens sent a revised letter to the City dated June 30, 2025 that reflected net, long-term cost increases significantly lower to City residents and businesses than those originally presented to, and rejected by, City staff.
The June 30, 2025 request presented two options for the City’s consideration. Option 1 was a
3.55% increase to the base rate to address disposal fee increases plus a 9.4% one-year increase to address quarantine costs. Option 2 was a 3.55% increase to the base rate to address disposal fee increases plus a two-year increase of 4.7% to address quarantine costs.
At an August 6, 2025 regular meeting, staff presented the June 2025 request to the City Council. After hearing from Athens representatives and much deliberation, the Council formed an Ad Hoc Committee consisting of then-Mayor Chavez and then-Councilmember Crosswhite (Committee) to analyze the request in greater detail and directed that the item be brought back at a future meeting.
Today’s Request
Since the August 6, 2025 meeting, the Committee and City staff from different departments met multiple times with and without Athens representatives. During this same time, Athens provided a final revised letter to the City dated December 4, 2025 (Exhibit A) seeking solid waste collection rate increases of one-percent (1%) per year to the base rate for three (3) consecutive years for the duration of the Agreement to offset the costs incurred from both the quarantine and tipping fee increases. Based upon the Committee’s deliberations and consensus, the recommendation to Council is to approve Athens’s proposed rate increase.
Further, Section 4.08 of the Agreement permits other modifications to the Agreement when a Maximum Service Rate Adjustment is being considered. Accordingly, Athens has agreed to three other changes. First, Athens agreed to continue providing collection services currently provided by Athens at no expense to the City at the City’s 903 Corporation Street for the remaining duration of the Agreement. This provision was inadvertently omitted from the Agreement when executed by both parties in 2022. Second, Athens has agreed to ____________________
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[1]The “Garbage and trash collection” Expenditure category within the Consumer Price Index for All Urban Consumers (CPI-U)
refinements to the procedure for an Extraordinary Maximum Service Rate Adjustment in Section 4.08 of the Agreement. These include typo corrections, and clarifying that an “unusual business risk” extraordinary rate adjustment request, like the one before Council, will be submitted to binding arbitration if an agreement is not reached within 6 months of the request; this mirrors the procedure for other types of extraordinary rate adjustment requests. Lastly, Athens agreed to reimburse the City up to $30,000 for costs incurred in holding a Proposition 218 hearing, tentatively set for August 19, 2026. A copy of the proposed Amendment is attached as Exhibit B.
ANALYSIS:
To recover its combined unanticipated costs from the citrus quarantine and Del Norte gate rate increases, Athens is requesting three (3) consecutive permanent annual increases of onepercent (1%) on solid waste service rates paid by City of Santa Paula residents and businesses. These increases are in addition to the existing Agreement’s annual maximum service rate increases, including a 6.9% annual increases through June 30, 2028, a 4% increase beginning July 1, 2028, and annual consumer price index (CPI) increases starting July 1, 2029. City staff has independently analyzed the impact of Athens’ requested rate increases on its annual revenues and determined the requested rate increases reasonably correlate with the increased annual disposal costs Athens is now incurring at the Del Norte facility.
Section 4.08.2 Requirements & Review Standard
Staff recognizes that the requested rate adjustment may affect customers. However, Athens's request must be evaluated under the standards set forth in Section 4.08.2 of the Agreement, which provides as follows:
4.08.2 In addition to [the] [ sic] foregoing, Contractor may apply to the City Council for consideration of a special, interim rate review should an event or circumstance occurred or will occur [sic] which is not reasonably foreseeable or within the control of Contractor, and is not a usual business risk of Contractor. A final determination concerning an application for special, interim rate review hereunder is subject to the sole discretion of the City, which shall not be exercised in an arbitrary or capricious manner. “Usual business risk” shall include routine changes in the costs of providing services, external economic conditions existing in the normal course of business, and changes in the market for recyclables.
Under this section, Athens must show that an event occurred or will occur that meets these two criteria:
1. The event was not reasonable foreseeable or within Athens’s control, and
2. The event was “not a usual business risk”.
The Agreement gives three examples of a “usual business risk” that would not support a rate adjustment: “routine changes in the costs of providing services, external economic conditions existing in the normal course of business, and changes in the market for recyclables”. 231
Accordingly, for each event identified by Athens (i.e., the quarantine and tipping fee increase), the Council must determine whether the event constitutes a “usual business risk” under the Agreement. If the answer is “yes,” the event does not satisfy Section 4.08.2 of the Agreement.
If the answer is “no,” the event satisfies Section 4.08.2 of the Agreement.
When considering the request, the City Council has sole but not absolute discretion to determine if the request satisfies Section 4.08.2. Its discretion, though exclusive and unilateral, must not be “exercised in an arbitrary or capricious manner”. Though the term “arbitrary and capricious” is not defined in the Agreement, it generally requires that the Council's decision be supported by the evidence and be consistent with the standards set forth in Section 4.08.2. Therefore, the City Council should consider all relevant evidence and determine whether Athens has shown the events satisfy Section 4.08.2’s two criteria.
Usual Business Risk
The Committee and staff assessed the two events Athens contends qualify for a rate increase under Section 4.08.2 of the Agreement: (1) the citrus quarantine declared October 23, 2023 leading to Del Norte operators’ decision to no longer accept Athens’s green waste for fear of contamination from the HLB disease and (2) increases varying between 27.4% and 68.9% in Del Norte gate rates, effective July 1, 2024. The Committee and staff agree that these events are outside Athens’ control, meeting the first requirement of Section 4.08. What remains in question is the second requirement—whether each is a “usual business risk”. If an event does not constitute a usual business risk, it satisfies Section 4.08.2 and provides a contractual basis for the requested rate adjustment.
Del Norte Tipping Fee Increases
Staff recommends that the City Council find that the Del Norte tipping fee increases are a not usual business risk for the purposes of Section 4.08.2.
Tipping fees dramatically increased by a significant percentage – as much as 68.9%. Such sudden and substantial increases are not typical for tipping fees. Before the initial increase in 2024, gate fee trends showed minimum to no increases since 2017. (See Exhibit C.) For this reason, staff recommends that the City Council find that the Del Norte tipping fee increases are not a “usual business risk” within the meaning of Section 4.08.2. Accordingly, the increases satisfy this requirement of the Agreement and provide a contractual basis for the requested rate adjustment.
Citrus Quarantine
Staff recommends that the City Council find that the citrus quarantine is not a usual business risk. On October 3, 2023, the California Department of Food and Agriculture declared the area around Santa Paula an active citrus quarantine zone potentially contaminated by the Huaglongbing (HLB) disease. With Del Norte rejecting green waste deliveries due to the quarantine, the company was forced to transport green waste to a processing facility in Sun Valley, CA, approximately 35 miles farther away than Athens’s prior–and preferred–destination in Oxnard from October 23, 2023 through May 2024. According to Athens, this change of material destinations forced the company to incur an additional $490,000 in unplanned disposal and logistical costs during the approximate seven (7) month period. Because quarantines can be rare and the closure of a disposal site due to the risk of contamination 232
even more unusual, these circumstances are not a usual business risk and justify a rate increase under Section 4.08.2.
Final Recommendation
Following extensive review by the Committee and City staff, staff concludes that Athens has satisfied the requirements of Section 4.08.2 of the Agreement. Staff therefore recommends that the City Council approve Athens's request for three (3) consecutive one-percent (1%) permanent annual increases to the maximum rates for residential and commercial solid waste collection services and authorize execution of the proposed Amendment to the Agreement.
This approach is also supported by the Council ad-hoc Committee.
Additional Amendment to the Agreement
In addition to the requested rate adjustment, staff recommends a modification to the Agreement's fee provisions in Section 3.05, as set forth in the proposed Amendment.
Section 3.05.13 of the Agreement provides that the “City may adjust any fee in Section 3.05 with written notice to [Athens].” Because the City Council is already considering an amendment to the Agreement related to Athens's rate adjustment request, staff is presenting the proposed modification at the same time rather than returning with a separate amendment at a future meeting.
The proposed modification requires the City to use the fees in accordance with applicable law:
3.05.15 City Use of Fee Payments. The City shall use fees remitted to City pursuant to Section 3.05.2 (Solid Waste Management Fee), Section 3.05.3 (Household Hazardous Fee), Section 3.05.4 (Stormwater Quality Fee), and Section
3.05.5 (Franchise Fee) in accordance with applicable law.
This provision gives the City flexibility to adjust to changes in the law affecting solid waste services.
STRATEGIC PLAN:
This agenda item supports Strategic Plan Goal C. - Maintaining City infrastructure to be safe and sustainable by ensuring comprehensive solid waste collection and recycling services.
FISCAL IMPACTS:
Denying the request will have no fiscal impact on the City. If approved, the rate adjustment will result in increased revenue to Athens, which will in turn generate an increase in fee payments to the City under the Agreement. The proposed amendment to Section 3.05 affects the Agreement’s treatment of those payments under applicable law. Because the fiscal effect of the amendment, if any, will depend on future circumstances and legal requirements, it cannot be quantified at this time.
This action is also subject to the provisions of Proposition 218, for which all related process costs will be borne by Athens.
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OPTIONS:
As an alternative to staff’s recommendation, the City Council may:
1. Deny the request; or
2. Deny the request and direct staff and the Ad Hoc Committee to continue negotiating with Athens; and/or
3. Approve the proposed amendment to Section 3.05 and authorize the City Manager to execute an amendment reflecting those changes.
ATTACHMENTS:
EXHIBIT A - Athens Services's Rate Increase Request Letter dated December 4, 2025.pdf EXHIBIT B - Agreement Amendment.pdf
Exhibit C - Del Norte Historical Gate Fee Rates.pdf
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To: Honorable Mayor and Members of the City Council Regular From: Monica Castillo, City Attorney
Subject: AGREEMENT TO LOAN CITY OIL ARTIFACTS AND ARCHIVES TO THE
RESPONSIBLE ENERGY COUNCIL
Date: June 17, 2026
Agenda Item: 12.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff Recommends that the City Council:
1. Approve a loan agreement with the Responsible Energy Council (REC) to implement the Memorandum of Understanding (MOU) with REC for the content management and care of the City's holdings of oil artifacts and documents.
2. Authorize the City Manager to execute the loan agreement.
Presented by: Monica Castillo, City Attorney
BACKGROUND:
On May 5, 2026, the City Council approved a License Agreement and Memorandum of Understanding (MOU), as amended, with the Responsible Energy Council (REC), a regional non-profit. The License Agreement permits REC to use spaces within the Union Oil Building to carry out the preservation and archiving of the City's holdings of oil artifacts and historical items ("Collection").
The Memorandum of Understanding (MOU) outlines guidelines for the management and care of the Collection, and requires the City to enter into an agreement to loan the Collection to REC indefinitely subject to key terms in the MOU. The loan period begins the earlier of (i) REC's completion of the Collection inventory or (ii) five (5) years from the MOU's effective date of May 5, 2026.
At the meeting, the City Council directed staff to return with a proposed loan agreement for approval. City Council requested that the loan agreement include provisions regulating the sub-loaning of Collection items to third parties based on duration of the loan and the location of the sub-borrower. The proposed loan agreement now returns for Council's comment and approval.
ANALYSIS:
The proposed loan agreement complies with the minimum requirements of the MOU, as summarized in the following table:
258
MOU-Required Provision of Loan
Agreement
Loan Agreement Reference
A general description of each item (MOU sec.
III(b),)
Attachment A to Loan Agreement
Any known provenance or history of the
loaned item(s) (MOU sec. III(b).)
Attachment A to Loan Agreement
The condition of the loaned item(s) (MOU sec.
III(b).)
Attachment A to Loan Agreement
A provision that prohibits the REC from
assigning the MOU to another entity (MOU
sec. III(b).)
"Non-Transferrable" section
A requirement to return all items to the City if
REC ceases operations (MOU sec. III(b).)
"Termination" section
Other requirements and obligations of the
parties for the duration of the agreement
(MOU sec. III(b).)
See "Additional Terms" below.
Additional Terms
Other requirements and obligations of the parties include the following key terms:
1. Duration: The loan period begins upon completion of REC's inventory of the Collection.
The inventory must be completed no later than 2 years after a maximum 90-day period (starting May 6, 2026), during which time REC will relocate artifacts from the ground floor and on-board its archival team. REC must not be in material violation of the License Agreement for the loan period to proceed.
2. Care: REC must care for the items as follows:
1. REC may not analyze items using destructive or invasive techniques without the City's prior wrtiten consent.
2. Restoration, conservation, pest treatment, and other preparation of the items must be done using REC's reasonable judgment.
3. Items may be stored outside City limits with the Parks & Recreation Director's prior written approval.
4. REC may not change an item's record or label, if any.
5. REC may not destroy non-historical items (e.g. museum receipts, old office equipment) without the Director's prior written approval.
3. Subloan:
1. One Year and Within the City: REC may subloan a Collection item to a third party for public display within the City for up to one (1) year with the Director's prior written approval
2. More than One Year and Outside the City: City Council must approve any subloan of a Collection item that exceeds one (1) year or that will be for public display outside the City.
4. Exhibition, Packing and Transportation: REC may display loaned Collection items at a location other than the Union Oil Building and must pay for all packing and transportation costs if REC moves the items.
5. Intellectual Property:
1. While the City retains all rights to and ownership of the physical Collection, REC will exclusively own intellectual property rights to material or work product prepared 259
by or on behalf of REC using the physical Collection ("REC Work Product"). REC grants a non-exclusive, irrevocable, no-fee license to use the REC Work Product.
2. REC will give the City a complete set of digital images and inventory depicting the Collection.
6. Credit: Loaned items used for exhibition or publications will include a credit line to the City: Courtesy of the City of Santa Paula. REC will also give the City a hard copy or electronic copy of such publications.
7. Termination: The loan terminates if REC ceases to operate or if REC fails to cure a violation of the License Agreement or MOU within a reasonable time. If terminated, all loaned items must be returned to the City.
STRATEGIC PLAN:
This item furthers the City Council's Strategic Plan in that it will allow the City to preserve a historic resource, attract tourism, and promote the City's standing as a regional leader of the arts, culture, and entertainment reflective of the City's values and history.
FISCAL IMPACTS:
The City is required to enter a loan agreement under the MOU. In exchange, REC will complete preservation and cataloging services for the City, which costs would otherwise be incurred by the City. Accordingly, the City will realize cost savings. The precise monetary amount cannot be ascertained at this time.
OPTIONS:
The City Council has the following alternative options to staff's recommendation:
1. Approve the proposed loan agreement with amendments.
2. Provide alternative direction to staff.
ATTACHMENTS:
City of SP Outgoing Loan Agreement (6.5.26)-c1.docx
260
Outgoing Loan
Agreement
Date:
Loan #:
Contact Information:
Borrower: Responsible Energy Council, Inc., a
California nonprofit corporation (“REC”)
Name Last: Simonson First: Olivia MI: Title: President State/Country:
CA
Street address: 1746-F South Victoria Avenue #245 City: Ventura
Zip code:
93003
Phone: Email:
Purpose of loan
☐ Exhibition Title of Exhibition:
☐ Research
☒ Other: As set forth in that certain Memorandum
of Understanding – Management of Oil
and Gas Collection between the City of
Santa Paula and the REC (“MOU”)
Loan Period Start Date
Loan Period End Date Indefinite and subject to the MOU
Date of shipment N/A
Method of shipment N/A
Description of Items Loaned See Attachment A
I have read the conditions above and on the back of the first page of this Agreement and agree to be bound by them.
___________________________________________________________________________________ Olivia Simonson, REC President Date
___________________________________________________________________________________ Dan Singer, City Manager Date
Please review and sign two copies and return one in the envelope provided. The other copy is for your records.
Return Information:
Overall Condition: ☐ Excellent ☐ Good ☐ Fair ☐ Poor
Date returned: Received by:
261
TERMS AND CONDITIONS GOVERNING OUTGOING LOANS
GENERAL
This Outgoing Loan Agreement (“Agreement”) is
made pursuant to the MOU. Any conflict between the
terms of and the MOU and this Agreement shall be
controlled by the terms of the MOU.
Capitalized terms not otherwise defined in this
Agreement shall have the meanings ascribed to them
in the MOU.
DURATION
Phase 1 – Beginning on the effective date of the
Facility License Agreement (Union Oil Building)
between the City and the REC (the “License”) and
upon taking possession of the Collection, REC shall
relocate ground-floor artifacts and onboard the
archival team no later than 90 days thereafter
consistent with the terms of the MOU.
Phase 2 – Upon completion of Phase 1, and once the
parties agree that the facility is sufficiently stabilized for REC to perform its responsibilities in the MOU,
REC shall prepare an inventory no later than two (2)
years thereafter.
Phase 3 – Upon completion of Phase 2, the City shall
loan the Collection indefinitely, provided that the REC is not in material violation (after being given a
reasonable opportunity to cure) of the License or
MOU.
CARE
Loaned items will be protected and always properly
cared for pursuant to the MOU.
Items may not be analyzed using destructive sampling
or invasive techniques without the City’s prior written consent.
Restoration, conservation, cleaning, pest treatment,
or further preparation of items will be completed in
the REC’s reasonable judgment and in accordance
with the MOU.
REC may store loaned items outside the City limits, if needed, subject to the prior written approval of the
Parks and Recreation Director (“Director”).
There will be no changes made to the items record or
label, if any.
REC may not dispose of non-historical administrative
documents and items (e.g. old museum receipts and
bills, outdated computer equipment, etc.) without
the Director’s prior written approval. Such items will
be identified for the City to determine their
dispositionin accordance with applicable local law,
including without limitation the City’s Record
Retention Policy.
SUBLOAN
REC may subloan a Collection item to a third party for public display within the City for a duration of no
more than one (1) year, subject to the prior written
approval of the Director. Any subloan (i) exceeding
one year or (ii) for public display outside the City shall require approval of the City Council.
EXHIBITION, PACKING AND TRANSPORTATION
All items shall be received by the REC at their current location. During Phase 3, the REC may display items in
the Collection at a location within the City other than the Premises.
If REC moves the items to a different location, REC
shall bear all costs for packing and transportation.
The City shall not be responsible for any costs
associated with the packing or transportation of any
Collection item.
INTELLECTUAL PROPERTY
Ownership of Collection. The City shall retain all
right, title, and interest in and to the physical
Collection loaned to the REC under this
Agreement.
Authorization to Use and Document Collection.
The City acknowledges that the purposes of the
loan include the REC’s exhibition,
documentation, study, cataloguing, digitization,
preservation, promotion, publication, as well as
archival, database, educational, administrative,
and other related uses of the Collection. To the
fullest extent of the City’s rights and authority,
the City authorizes the REC and its contractors,
employees, agents, and representatives to
photograph, film, scan, document, describe,
catalogue, digitize, archive, display, reproduce,
publish, distribute, transmit, and otherwise use
the Collection, and images, depictions,
descriptions, records, metadata, and other
information concerning the Collection, in any
and all formats, media, databases, publications,
platforms, and technologies whether now known
or hereafter devised, in connection with such
purposes.
Ownership of REC Work Product. The REC shall
exclusively own all right, title, and interest,
including all copyrights and other intellectual
property rights, in and to all photographs,
videos, scans, digital files, catalogues,
publications, descriptions, labels, wall text,
database records, metadata, archival records,
educational materials, promotional materials,
compilations, collective works, and other
materials or work product created, authored,
developed, commissioned, or prepared by or on
behalf of the REC in connection with the
Collection or any exhibition thereof,
documentation, study, promotion, publication,
cataloguing, digitization, archiving, or other use
of the Collection (collectively, “REC Work
Product”). The City acknowledges that its
ownership of the Collection does not confer any
ownership interest in the REC Work Product. No
license, assignment, transfer, ownership interest,
or other right in or to the REC Work Product is
262
granted to City under this Agreement, whether
by implication, estoppel, operation of law, or
otherwise.
License. Notwithstanding the foregoing, REC
shall provide the City with a complete set of
digital photographic images and inventory
depicting the Collection. REC grants to the City
an irrevocable, non-exclusive, fully paid-up,
royalty-free, worldwide, perpetual license to use
such REC-provided images and inventory. The
foregoing license does not transfer ownership of,
or grant the City any rights in, the REC Work
Product.
Authority. The City represents and warrants that
it has all rights, power, and authority necessary
to loan the Collection on the terms set forth in
this Agreement.
INSURANCE
The REC shall obtain insurance as provided for in the MOU.
CREDIT
All outgoing loan items used for exhibition or
publication will include a credit line that reads:
Courtesy of the City of Santa Paula.
The REC shall provide to the City, at no cost, a hard or electronic copy of any publication resulting from the
loan of items. Such publication shall be subject to
City’s licensing rights set forth in this Agreement.
NON-TRANSFERRABLE
REC may not transfer its responsibilities under the
MOU, including this Agreement, to any other entity or
non-profit.
TERMINATION
This Agreement shall terminate should REC cease
operations while the items are on loan to REC, or if
REC is in material violation (after being given a
reasonable opportunity to cure) of the License or
MOU.
Upon termination, REC shall return all items in the
Collection to the City .
Parties’ Initials as to this reverse page of the agreement:
______________________________________
Olivia Simonson, REC President
_____________________________________
Dan Singer, City Manager
263
Attachment A: Loaned Items
Item General
Description
Condition Known Provenance /
History
Location Where
Loaned
Submitted by: ____________________
Date: ____________________
264
To: Honorable Mayor and Members of the City Council Regular From: Dan Singer, City Manager
Subject: CONTRACT EXTENSION WITH SPIRIT OF SANTA PAULA FOR
HOMELESS SHELTER SERVICES AND LETTER OF INTENT WITH
RESCUE MISSION ALLIANCE
Date: June 17, 2026
Agenda Item: 12.C
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1) Adopt a first amendment to the Agreement to Provide Financial Support for the Operations of a Permanent, Year -round Shelter Serving Homeless Individuals; and 2) Adopt a first amendment to the Operating Agreement with Spirit of Santa Paula for Operating of the Harvard Shelter; and
3) Adopt a Letter of Intent regarding transition of the Harvard Shelter operations to the Rescue Mission Alliance for a three-year partnership
Presented By: James Mason, Community & Economic Development Director BACKGROUND:
The Rescue Mission Alliance (RMA) has been in negotiations with the Spirit of Santa Paula to take over operations of the year-round homeless shelter known as The Harvard Navigation Center and to acquire all assets of the organization. RMA is well positioned to manage the shelter and enhance both the services provided as well as the funding needed to help support the operations.
The acquisition would bring expanded value to the Santa Clara River Valley in the following ways:
1. Mission Alignment
Both Rescue Mission Alliance (RMA) and Spirit center on transforming lives through care for people experiencing homelessness and food insecurity. An acquisition would unify resources under this shared framework, strengthening impact across Ventura County.
2. Service Expansion & Continuity
Integrating Spirit programs into RMA will allow continuity of shelter, food distribution, and case management in Santa Paula while expanding RMA’s overall footprint, including rapid rehousing pathways, and wrap-around care under one integrated operating model.
3. Geographic Coverage
RMA’s presence across Ventura County, San Fernando Valley, and Santa Maria/Santa Barbara County positions them to bring regional infrastructure and best practices to 265
Spirit of Santa Paula, enhancing service levels and operations.
4. Financial Stewardship & Sustainability
RMA’s scale and established development capacity can enhance long-term revenue diversification, reducing future reliance on current funding sources.
Although both organizations have approved this merger, numerous details involving the transition are still being finalized. As a result, the original goal of completing the transaction by July 1, 2026 is no longer achievable and the organizations have now agreed to an October 1, 2026 transition date.
ANALYSIS:
In order to achieve continuity of services and operations, both Spirit and RMA are asking the three funding entities, Santa Paula, Fillmore, and the County of Ventura, to extend the current Memorandum of Understanding and Operating Agreement by 90 days. The attached documents (Attachment A & B) represent First Amendments to each agreement to effectuate a 90-day extension of time with the same terms as currently exist.
In addition, the Rescue Mission has asked the City to enter into a Letter of Intent to demonstrate the City's continued commitment to support the shelter and the services provided through the same funding mechanism currently in place among the three public entities. The Letter of Intent further expresses the City's intent to pursue a continued funding commitment through a future Memorandum of Understanding in partnership with Ventura County and the City of Fillmore to support the ongoing operation of the shelter and the delivery of services to individuals experiencing homelessness. Attachment C provides a draft Letter of Intent which would give RMA the assurances they need to move ahead with the acquisition.
Representatives from both Spirit and RMA will be present to answer questions and give further input on this transition.
STRATEGIC PLAN:
The City's ongoing efforts to address the needs of individuals experiencing homelessness are consistent with the City Council's Strategic Plan, specifically:
Goal D: Healthy, Connected & Thriving Community
Objective D.12: Address and support the needs of unhoused individuals, including the provision of behavioral health support services.
Task/Metric 2: Continue collaborating with regional partners to support and address the needs of unhoused individuals throughout the Santa Clara River Valley.
The continued operation and support of homeless services initiatives demonstrate the City's commitment to advancing this goal and strengthening regional partnerships to provide effective assistance and resources to vulnerable populations.
FISCAL IMPACTS:
Extending the existing agreements is consistent with the adopted budget and does not represent an increase in funding obligations. The Letter of Intent (Attachment C), however, would indicate a continued funding commitment beyond the next fiscal year and into the proceeding two fiscal years, for a total of three years. RMA is not asking for a change in the amount of funding, but is seeking a guarantee of three years of support. 266
OPTIONS:
The current agreement will expire at the end of June, 2026, failure to extend the agreement could jeopardize the delivery of homeless services, including closing the shelter which serves up to 49 individuals a day.
ATTACHMENTS:
Santa Paula - First Amendment to Funding Agreement for Harvard Shelter-c....pdf Santa Paula - First Amendment to Operating Agreement Harvard Shelter (00000002).pdf Attachment C - Letter of Intent Harvard Shelter.docx
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