Agenda packet — Thousand Oaks City Council, June 20, 2023 (part 4 of 8)

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.

G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).

H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.

PREPARED BY: Alina Savulescu, Accounting Specialist
Attachment:

Attachment #1 – Aquatic Contractors Agreement
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Project Name: Aquarium Maintenance

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS

AND AQUATIC CONTRACTORS
THIS AGREEMENT, made and entered into this 1
st day of July, 2023, by and
between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and AQUATIC CONTRACTORS (hereinafter referred to as "Service Provider"). City and Service Provider agree as follows:

1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform the services described in Section 2. Service Provider warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows, and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein:

Professional services in conjunction with Library aquarium maintenance. Services and deliverables shall generally include cleaning of the tank and filters, water rotation, monitoring of water quality, monitoring the health of fish, providing fish food and removal of any sick or dead fish, as well as service to the aquarium in case of emergency or equipment failure.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $138,264 (herein "not to exceed amount”).
(b) Rate. Service Provider shall be paid a fixed sum for work performed under this Agreement, said sum being described according to the schedule listed in Service Provider’s Schedule of Fees, attached as Exhibit “B.” Any changes or modifications resulting in an increase to this fixed sum must be approved in writing by City’s Project Manager in advance, and may not surpass the not to exceed amount.

ATTACHMENT #1
Item No.7S
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(c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.
(d) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”.

4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Service Provider shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, Accounting Specialist, Alina Savulescu.

5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Ability to Perform. Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.

Laws to be Observed. Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The contract prices shall include provision for all taxes that Service Provider is required to pay. Service Provider is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Service Provider to be familiar with the California Labor Code, and failure or neglect of Service Item No.7S
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Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.

Department of Industrial Relations Requirements. The Work is subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Safety Provisions. Service Provider shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.

Preservation of City Property. Service Provider shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Service Provider's operations, it shall be replaced or restored within a reasonable time at Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when Service Provider began work.

Subcontractors. Service Provider shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.

Immigration Act of 1986. Service Provider warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

Service Provider Non-Discrimination. In the performance of this work, Service Provider agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

Work Delays. Should Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Service Provider.

Inspection. Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of Service Provider are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such Item No.7S
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work shall not relieve Service Provider of any of its obligations to fulfill its contract requirements.

Audit. Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Service Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on June 30, 2026 unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date.

If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

Service Provider shall not commence work on the services to be performed until (i) Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.

7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without City's prior consent in writing.

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.

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(b) Defense and Indemnity of Third Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City.

Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Service Provider’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Service Provider shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.

Coverage shall be at least as broad as:

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(a). Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability. (b). Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c). Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease.

Service Provider shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Service Provider, its employees, agents and subcontractors.

If Service Provider maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Service Provider shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

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Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled 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 Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Service Provider ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Service Provider, City and Service Provider may renegotiate Service Provider's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Service Provider's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, agents, employees or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the Agreement effective date, Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Service Provider shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Service Provider's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

10. RELATION OF THE PARTIES
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. TERMINATION BY CITY
City may terminate any portion or all of the services agreed to be performed under this Agreement by notifying Service Provider in writing (30) calendar days prior to any termination. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.

12. CORRECTIONS
Service Provider shall correct, at its expense, all errors in the work which may be disclosed during City's review of Service Provider's work. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Service Provider.

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13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Service Provider for anything done, furnished or relating to Service Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors, agents and consultants.

14. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.

15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

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17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN PARTIES This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.

20. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City Manager, or his designee, and Service Provider.

21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

22. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

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24. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Alina Savulescu, Accounting Specialist
City of Thousand Oaks – Library
1401 E. Janss Road
Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Brian Hoover
Aquatic Contractors
564 E. Gainsborough Road
Thousand Oaks, CA 91360

25. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof. (c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.

SERVICE PROVIDER
By: Brian Hoover, President

CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
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APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Jennifer Patterson, Library Services Director
APPROVED AS TO FORM:

Office of the City Attorney
By: Noel Doran, Assistant City Attorney
Item No.7S
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 20, 2023
SUBJECT: On-Call Professional Services Agreements
RECOMMENDATION:

1. Approve on-call Professional Services Agreements with 104 firms for various services for a three-year period ending June 30, 2026, with not-toexceed amounts up to $500,000 for each fiscal year, and not-to-exceed amounts of $125,000 for each individual Task Order.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

Financial Impact to be Determined. Funds will be identified on a case-by-case basis and will be charged to the appropriate Adopted FY 2023-24 and FY 2024-25 Capital and Operating Budgets. If budget is not available, staff will request budget appropriation from City Council. Funds for FY 2025-26 will be requested during the upcoming biennial budget process.

BACKGROUND:

The City utilizes professional consultants on a regular basis for a variety of projects. To ensure projects are completed in a timely and efficient manner, oncall agreements with pre-qualified companies are executed in advance. These agreements and services are also available in emergency situations.

Through the on-call agreement process, staff utilizes the services of pre-qualified engineering firms and consultants in 20 separate service categories, who perform a variety of services on an as-needed basis. Companies recommended for on-call agreements are selected based on their expertise for one or more of the service categories noted in their Statement of Qualifications (SOQ) as submitted in response to a Request for Proposal/Qualifications (RFP/Q) process. The City has invited all qualified firms to enter into a three year on-call agreement. Specific projects are authorized through individual task orders up to $125,000.

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On January 13, 2023, the City publicly advertised a formal RFP/Q for Professional On-Call Consulting Services in the Thousand Oaks Acorn newspaper and on the City’s e-procurement website. The notice was also sent to 2,180 companies requesting a SOQ for the following professional service disciplines:

1. Civil Engineering

2. Construction Management and Cost Estimating

3. Electrical Consulting and Engineering

4. Subservice Utility Engineering

5. Mechanical Engineering

6. Traffic Engineering

7. Wastewater Consulting and Engineering

8. Geotechnical

9. Material Testing

10.Environmental Consulting and Monitoring

11.Right of Way

12.Pavement Management

13.Emergency Management

14.Public Outreach

15.Solar Photovoltaic

16.Surveying

17.Hydrology and Stormwater

18.Landscape Architecture

19.Supervisory Control and Data Acquisition

20.Geographic Information System
On February 16, 2023, the City received 105 SOQs (one firm not qualified) from companies in California, Washington, Texas, Virginia, and North Carolina. A list of the qualified firms is provided as Attachment #1.

An eight-member Public Works Committee was established to evaluate the SOQs based on the following qualification criteria:

1. Approach and project understanding of work required by City

2. Quality, clarity, responsiveness, conformance with the terms of this RFP/Q, and overall impression of proposal

3. Qualifications and availability of key persons to be assigned to the contract resulting from this solicitation

4. Work experience with City

5. Client references

6. Demonstrated competence

7. Reasonableness of cost (hourly rates)
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DISCUSSION/ANALYSIS:

Based on staff’s review of the SOQs and verification of listed references, 104 companies are recommended to be awarded on-call professional service agreements. The existing list of approved on-call service companies have agreements that will expire on June 30, 2023, and will be replaced with a new list of approved companies for a three-year term.

Task Orders for all the on-call companies will be issued for each approved project.

All pre-approved companies within specific service categories will be contacted by staff to submit a proposal for projects. Selection will be determined in accordance with the City’s Purchasing Manual:

1. Task Orders up to $75,000 will be issued on a rotational basis, based on the consultant’s expertise or by collecting a minimum of three proposals from the approved on-call company list for each specific service discipline.

A Task Order is then negotiated with the company that provides the proposal with the best value.

2. Task Orders for $75,000 - $125,000 will include the receipt of at least three proposals for each specific service discipline. A Task Order is then negotiated that provides the proposal with the best value.

3. Services estimated over $125,000 will be selected through a separate Request for Proposal/Qualifications (RFP/Q) process with a separate agreement subject to City Council approval.

Agreements recommended for approval are for a maximum of $200,000- $500,000 per year, depending on the scope, for a three-year term that will expire on June 30, 2026. Authorized funds will be identified for each Task Order and copies of the on-call agreements (Attachment #2) with all recommended firms are on file in the City Clerk Department.

This action is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable indirect physical change in the environment.

Item No.7T
On-Call Professional Service Agreements
June 20, 2023

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COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.

PREPARED BY: Grahame Watts, Emergency Services Manager
Attachments:

Attachment #1 – Company List
Attachment #2 – Sample Agreement and Task Order
DPW: 840-10\gw\ev\Council\2023\062023\On Call Professional Services Agreements staff report.docx Item No.7T
2023-2026 On Call Public Works Consultants ATTACHMENT #1 Company Location
Annual
Not-toExceed
Amount
Three-Year
Term Not to
Exceed
Amount

XXXXXXXXXXXXX
18 Chen Ryan Associates, Inc. dba CR Associates Los Angeles, CA $ 200,000 $ 600,000 X X
19 CSG Consultants, Inc. Orange, CA $ 200,000 $ 600,000 X 20 Cumming Management Group, Inc. Los Angeles, CA $ 200,000 $ 600,000 X 21 CWE Fullerton, C A $ 200,000 $ 600,000 X
22 D & D Engineering, Inc. North Hollywood, CA $ 500,000 $ 1,500,000 X XXX
23 D. Wooley Associates, Inc. dba D. Wooley and
Associates Tustin, CA $ 200,000 $ 600,000 X
X
24 David Volz Design Landscape Architects, Inc. Costa Mesa, AZ $ 200,000 $ 600,000 X 25 Delane Engineering, Inc. Camarillo, CA $ 200,000 $ 600,000 X XXX
26 Earth Systems Pacific, dba Earth Systems Ventura, CA $ 200,000 $ 600,000 X X
27 EcoTierra Consulting, Inc. Los Angeles CA $ 200,000 $ 600,000 X X
28 Engeo Incorporated San Ramon, CA $ 500,000 $ 1,500,000 X XX
DPW: 840-10\gw\ev\Council\2023\062023\On Call Professional Services Agreements Att 1 Company List.xlsx 1 Item No.7T
2023-2026 On Call Public Works Consultants
Company Location
Annual
Not-toExceed
Amount
Three-Year
Term Not to
Exceed
Amount

XXXXXXXXXXXXXXXXX
45 Horrocks Engineers, Inc. Simi Valley, CA $ 500,000 $ 1,500,000 X

XXXXXXXXX
46 Huitt-Zollars, Inc. Thousand Oaks, CA $ 200,000 $ 600,000 X XX
47 IMEG Consultants Corporation Pasadena, CA $ 500,000 $ 1,500,000 X XXXXX
48 Infinity Technologies Roseville, CA $ 200,000 $ 600,000 X 49 Integrated Solutions Consulting Corporation Edwardsville, Ill $ 200,000 $ 600,000 X X
50 Interwest Consulting Group Irvine, CA $ 200,000 $ 600,000 X X
51 J. Smith & T.Muli, Inc. San Juan Capistrano, CA $ 200,000 $ 600,000 X X
52 Jacob Green & Associates, Inc. Tustin, CA $ 200,000 $ 600,000 X 53 John M. Cruikshank Consultants, Inc, dba JMC2 San Pedro, CA $ 200,000 $ 600,000 X 54 Kennedy/Jenks Consultants, Inc. San Francisco, CA $ 500,000 $ 1,500,000 X XXXXX
55 Kier & Wright Civil Engineers & Surveyors, Inc. Camarillo, CA $ 200,000 $ 600,000 X X
56 Kimley-Horn and Associates, Inc. Los Angeles, CA $ 500,000 $ 1,500,000 X XXXXXX
DPW: 840-10\gw\ev\Council\2023\062023\On Call Professional Services Agreements Att 1 Company List.xlsx 2 Item No.7T
2023-2026 On Call Public Works Consultants
Company Location
Annual
Not-toExceed
Amount
Three-Year
Term Not to
Exceed
Amount

1. Civil Engineering 2. Construction Management & Cost Estimating 3. Electrical Consulting & Engineering4. Subservice Utility Engineering5. Mechanical Engineering 6. Traffic Engineering 7. Water/Wastewater Consulting & Engineering 8. Geotechnical 9. Material Testing 10. Environmental Consulting & Monitoring11. Right of Way 12. Pavement Management 13.Emergency Management 14.Public Outreach15. Solar Photovoltaic16. Surveying 17. Hydrology & Stormwater18. Landscape Architecture 19. Supervisory Control & Data Acquisition 20. Geographic Information System 57 Kitchell CEM, Inc Los Angeles, CA $ 200,000 $ 600,000 X X
58 KPFF Consulting Engineers Los Angeles, CA $ 200,000 $ 600,000 X XX
59 Krazen & Associates, Inc. Coriona,, CA $ 200,000 $ 600,000 X X
60 Larry Walker Associates, Inc. Davis, CA $ 200,000 $ 600,000 X X
61 Lee & Ro, Inc. City of Industry, CA $ 500,000 $ 1,500,000 X XXXX
62 Linscott, Law & Greenspan, Engineers Irvine, CA $ 200,000 $ 600,000 X 63 m6 Consulting, Inc. Westlake Village, CA $ 200,000 $ 600,000 X X
64 Maddaus Water Management Inc. Danville, CA $ 500,000 $ 1,500,000 X X
65 Michael K. Nunley & Associates, Inc. (MKN &
Associates) Fresno, CA $ 500,000 $ 1,500,000 X
XX
66 MNS Engineers, Inc. Santa Barbara, CA $ 500,000 $ 1,500,000 X XX
67 Murakawa Communications, Inc. Redondo Beach, CA $ 200,000 $ 600,000 X 68 Nichols Consulting Engineers, CHTD Sacramento, CA $ 200,000 $ 600,000 X XXX
69 NUVIS Newport Beach, CA $ 200,000 $ 600,000 X
70 NV5, Inc. Irvine, CA $ 500,000 $ 1,500,000 X
XXXX
71 P.A. Arca Engineering, Inc Carson, CA $ 200,000 $ 600,000 X X
72 P2S Inc. Long Beach, CA $ 200,000 $ 600,000 X
XXX
73 Pacific Coast Land Design, Inc. Ventura, CA $ 200,000 $ 600,000 X 74 PacRim Engineering, Inc. Los Angeles, CA $ 200,000 $ 600,000 X 75 Perliter & Ingalsbe Glendale, CA $ 500,000 $ 1,500,000 X XXXX
76 Phoenix Civil Engineering, Inc. Santa Paula, CA $ 500,000 $ 1,500,000 X XXXX
77 Psomas Roseville, CA $ 200,000 $ 600,000 X
XXXXX
78 Quality Engineering Solutions, Inc. Reno, NV $ 200,000 $ 600,000 X X
79 Richard W. Campbell Thousand Oaks, CA $ 200,000 $ 600,000 X 80 Riggs & Riggs, Inc. Simi Valley, CA $ 200,000 $ 600,000 X 81 Rincon Consultants, Inc. Ventura, CA $ 200,000 $ 600,000 X X
82 RJM Design Group, Inc. Rancho Cucamonga, CA $ 200,000 $ 600,000 X 83 RMA Group, Inc. Rancho Cucamonga, CA $ 200,000 $ 600,000 X X
84 Shannon & Wilson, Inc. Seattle, WA $ 200,000 $ 600,000 X 85 SiteScan Subsurface Imaging, Inc. Rancho Cucamonga, CA $ 200,000 $ 600,000 X DPW: 840-10\gw\ev\Council\2023\062023\On Call Professional Services Agreements Att 1 Company List.xlsx 3 Item No.7T
2023-2026 On Call Public Works Consultants
Company Location
Annual
Not-toExceed
Amount
Three-Year
Term Not to
Exceed
Amount

XXXXXXXXXX
103 Witt O'Brien's LLC Houston, TX $ 200,000 $ 600,000 X XXX
104 Wood Rodgers, Inc. Sacramento, CA $ 500,000 $ 1,500,000 X XXXXXX
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Project Name: On-Call Professional
Consulting Services

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
CONSULTANT’s BUSINESS NAME
THIS AGREEMENT is made and entered into this 1st day of July, 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation ("City"), and CONSULTANT’s BUSINESS NAME, hereafter “Consultant".

City and Consultant agree as follows:

1. RETENTION OF CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:

Professional services in conjunction with On-Call Professional Consulting Services related to SCOPES OF WORK HERE and as are more particularly set forth in the Scope of Work, attached as Exhibit “A”, which is incorporated herein by reference and as specifically detailed in each issued Task Order.

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to Consultant by City ATTACHMENT #2
for the services under this Agreement SHALL NOT EXCEED the sum of $200,000 annually or $600,000 for the term of the Agreement (herein "not to exceed amount"), and $125,000 per Task Order, and shall be earned as the work progresses on the following basis:

Hourly, at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees, attached as Exhibit "B" and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until at least December 31, 2023, after which any change in the rates and expenses must be approved in writing by City's Project Manager. Rates may be increased no more than once every 12 months. City is to be given 60 days’ notice of any rate increase request, provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.

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(b) Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than monthly, and describe the work performed, including, if applicable, a list of hours worked by personnel classification. All payments shall be made within 30 days after City’s approval of the invoice.
(c) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”. (d) Prevailing Wage. Depending on the specific task order issued, Consultant may be obligated to pay prevailing wages under the California Labor Code. Consultant agrees to indemnify, defend, and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of the Consultant to be familiar with the California Labor Code, and failure or neglect of Consultant to understand the California Labor Code shall in no way relieve Consultant from any obligations.
(e) Department of Industrial Relations Requirements. Depending on the specific task order issued the Work may be subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Grahame Watts, Project Manager.

5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2026, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.

Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work.

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6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City.

City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.This Agreement is not assignable by Consultant without City's prior written consent.

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third-Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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Consultant’s obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL). Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury, and property damage, including without limitation, blanket contractual liability. (b) Automobile Liability. Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Worker’s Compensation. Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit Item No.7T
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to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors. (d) Professional Errors and Omissions Insurance. Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.

If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds more than the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled 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’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees, or 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 his own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a) The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement. (c) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

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10. RELATION OF THE PARTIES
(a) Consultant is and shall always remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.

12. TERMINATION BY CITY
City may terminate without cause any or all the services agreed to be performed under this Agreement upon 30 calendar days’ written notice. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.

13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services.

Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.

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However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.

14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.

15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period, other than any default or breach and/or period specified. All the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or because of being awarded this Agreement, Consultant shall not offer, encourage, or accept any financial interest in Consultant's business by any City employee or official.

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17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed according to its common meaning of purpose of providing a public benefit and not strictly for or against any party.

It shall be construed consistent with the provisions hereof, to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.

20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the IRS.

21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City and Consultant.

23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.

Item No.7T
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24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all the covenants and agreements between the parties with respect to said services.

28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Grahame Watts, Project Manager
City of Thousand Oaks
Public Works Department
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Consultant’s Business Name
Consultant’s Address

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30. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. If any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e., files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof. (c) Digital/Electronic Signatures. This Agreement may be executed using digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a city-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.

CONSULTANT’s BUSINESS NAME
_________________________________
Consultant’s Signatory 1

_________________________________
Consultant’s Signatory 2

CITY OF THOUSAND OAKS
_________________________________
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
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APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.7T
TASK ORDER NO. Page 1 of 1
Consultant/Contractor: On Call Agreement Amount:

Agreement No.: Prev. Approved Task Orders:

Agreement Date: This Task Order:

Agreement Expiration Date: On Call Agreement Balance:

DIR Registration Number: City Council Approval Date:

DIR Expiration Date: City Business License Number:

CI Project or O & M Account No.

CI Project Name:

SCOPE OF WORK FOR THIS TASK ORDER:

NOT-TO-EXCEED FEE AMOUNT FOR THIS TASK ORDER:

TIME FOR COMPLETION OF ALL SERVICES UNDER THIS TASK ORDER:

Recommended By: Date:

Approved By: Date:

Approved As To Form: Date:

Accepted By: Date:

Approved By: Date:

Attested By: Date:
$ .00
Completion by:
*If the term of the Master On-Call Agreement from which this Task Order was issued expires prior to the completion of this work, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

Public Works Director
City of Thousand Oaks
City Clerk
City of Thousand Oaks
Deputy Director/City Engineer
City of Thousand Oaks
Consultant
City Manager
City of Thousand Oaks
Mayor
City of Thousand Oaks
Engineering Division Manager
City of Thousand Oaks

ON CALL AGREEMENT

TASK ORDER
Assistant City Attorney
City of Thousand Oaks

ON CALL AGREEMENT
Rev. 4/12/22
Item No.7T
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 20, 2023
SUBJECT: Transit Service Agreements
RECOMMENDATION:

1. Approve Second Amendment to Moorpark Dial-a-Ride Contract (No. 12082- 2019), First Amendment to Moorpark Fixed Route Maintenance Contract (No. 12083-2019), and Second Amendment to Moorpark Fixed Route Operations Contract (No. 12084-2019) extending contracts through June 30, 2025.

2. Approve First Amendment to Westlake Village Dial-a-Ride Contract (No. 12103- 2019) extending contract through June 30, 2025.

3. Approve First Amendment to Kanan Shuttle Contract (No. 12085-2019) and First Amendment to County Dial-a-Ride Contract (No. 12086-2019) extending contracts through June 30, 2025.

4. Approve Fourth Amendment to East County Transit Alliance Fiscal Agent Contract (No. 10953-2015).

5. Approve First Amendment, two-year extension of Contract (No. 12224-2019) with City of Agoura Hills for Dial-a-Ride services through June 30, 2025.

6. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to prepare report, amendments, included in the Adopted FY 2022-23 Transit Fund Budget. Services performed for other agencies under contract, reimbursed at full-cost recovery, no City subsidy.

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Transit Service Agreements
June 20, 2023

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BACKGROUND:

Thousand Oaks Transit (TOT), established in 1981, provides fixed route bus service, Senior Dial-A-Ride (DAR), and Americans with Disabilities Act (ADA) paratransit services to residents of Thousand Oaks. In addition, TOT provides contracted transit services to the Cities of Moorpark, Westlake Village, Agoura Hills, County of Ventura, including Oak Park and select unincorporated areas, and the East County Transit Alliance’s (ECTA) InterCity DAR service.

The current contract operator for transit services is MV Transportation, Inc. (MV), which has been the City’s operator of public transit services for the past 19 years.

In 2019, based on a competitive procurement process, MV was awarded a fiveyear contract through June 30, 2023, to provide transit services and leased vehicles for TOT and for the five public agencies that contract with the City to provide public transit services. Provisions in the contract allow the City to exercise up to two, two-year extension options. Each agency with which the City contracts to provide transit services, with the exception of ECTA, has an agreement that ties the term of their agreement with the City to the term of the City’s agreement with MV.

Within the time period of the current contracts, most operations have remained the same. The exception is the contract with the City of Agoura Hills. Agoura Hills no longer operates charter bus services through the contract and does not maintain a separate vehicle fleet or separate phone line and reservations number. Due to the impacts of the COVID pandemic, it was no longer fiscally sustainable to operate as a separate service and for the past three years, as contract permitted and by mutual agreement, the service has been operated using the same TOT resources as the other agencies under contract. Therefore, a more extensive contract amendment (Second) is required, and will be presented separately to City Council for approval in a meeting in July or August, terms retroactive to July 1, 2023. At this time, only the time extension of the contract is included in the First Amendment, in letter form, as requested by City of Agoura Hills since the original contract uses their template, not the City’s.

DISCUSSION/ANALYSIS:

Since 2011, the City has operated transit services under contract on behalf of other smaller agencies and in adjacent unincorporated areas. The arrangements are mutually beneficial as the contracting agencies receive better levels of service, City residents are able to travel to other areas conveniently without the need to transfer, and overhead expenses are shared. Contractor productivity is improved through better utilization of vehicles and staff and the City benefits from the collection of management fees which in some cases can be applied to the farebox shortfall, reducing General Fund support.

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Transit Service Agreements
June 20, 2023

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Each agency under contract was notified in August 2022 that the City would pursue a two-year extension option with MV and has been regularly informed of progress in negotiations. Each agency had the option to seek other operators but chose to remain with the City and each agency has agreed to the higher rates for service that was approved with the Third Amendment to the MV contract.

After review of current operations for the City of Agoura Hills, due to extensive changes in how the service is currently being operated, a more extensive amendment of that contract is required beyond modification of term and billing rates. Staff at both agencies need additional time to prepare a document and have counsel’s review before returning to City Council for approval of a Second Amendment to the Agreement.

The ECTA Management Committee met on May 24, 2023 and unanimously approved recommending the amended Fiscal Agent Agreement to their respective governing bodies.

Staff recommends City Council approve the contract amendments and a contract amendment contract extension letter (Attachments Nos. 1 through 8) as outlined in this report.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Mike Houser, Transit Program Manager
Attachments:

Attachment #1 – Second Amendment Moorpark Dial-a-Ride
Attachment #2 – First Amendment Moorpark Fixed Route Maintenance Attachment #3 – Second Amendment Moorpark Fixed Route Operations Attachment #4 – First Amendment Westlake Village Dial-a-Ride Attachment #5 – First Amendment Kanan Shuttle
Attachment #6 – First Amendment County Dial-a-Ride
Attachment #7 – Fourth Amendment ECTA Fiscal Agent Agreement Attachment #8 – First Amendment Contract Extension Letter with Agoura Hills for Dial-a-Ride Services
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ATTACHMENT #1
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Project Name: Moorpark Dial-a-Ride

SECOND AMENDMENT TO

AGREEMENT FOR TRANSIT SERVICES

MOORPARK DIAL-A-RIDE

BETWEEN THE CITY OF THOUSAND OAKS

AND CITY OF MOORPARK
Contract No. 12082-2019
THIS SECOND AMENDMENT to the agreement for Transit Services Moorpark Dial-A-Ride entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and CITY OF MOORPARK (hereinafter referred to as "Moorpark") and dated June 25, 2019, with First Amendment approved on February 2, 2022, is made this 20th day of June 2023.

RECITALS
A. Contract 12082-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”).

B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions.

C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025.

D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions.

E. To remain competitive with other local operators and attract qualified staff, Contractor needs to increase wages, at increased cost to the Contractor, resulting in rates higher than approved in First Amendment.

F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those
changes.

G. City and Moorpark wish to make the above referenced
amendments to the Contract while keeping all other terms intact.

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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The City and Moorpark agree to extend contract 12082-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025.

Part 2. Exhibit B-1, Schedule of Fees, is hereby replaced with a new Exhibit B-2, Revised Schedule of Fees, attached hereto and incorporated herein by reference.

Part 3. All terms used in Part 1 and 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 and 2 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract as written and previously amended, shall remain the same.

IN WITNESS WHEREOF, the parties execute this Second Amendment to Contract as of the date set forth above.

CITY OF MOORPARK CITY OF THOUSAND OAKS
Date: ________________________
By: ________________________ __________________________ Chris Enegren, Mayor Kevin McNamee, Mayor
ATTEST:

By: ________________________ __________________________ Ky Spangler, City Clerk Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:

By: ________________________ __________________________ Troy Brown, City Manager Andrew P. Powers, City Manager Item No.7U
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APPROVED BY DEPARTMENT
HEAD:
__________________________
Clifford G. Finley
Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney

___________________________
Tracy Friedl
Assistant City Attorney
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EXHIBIT B-2

REVISED SCHEDULE OF FEES
Billing shall be calculated on a “per-ride” basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, City shall bill for proportional costs of fuel, vehicle leases, vehicle maintenance. Separately, the City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to Moorpark at the rate earned, 0.5 – 2.0 percent, on the same proportional basis as billing, as a separate line item.

Contract Extension Year One (July 1, 2023 – June 30, 2024):
$97.97 - MV billing rate per revenue hour
Contract Extension Year Two (July 1, 2024 – June 30, 2025):

Year one rate plus CPI adjustment of not less than three and not more than five percent.

The number of revenue hours billed shall be determined by taking the total number of revenue hours contractor bills for Thousand Oaks Transit (local) Dial-a-Ride services in a month and applying a percentage of hours proportional to the Moorpark portion of rides provided to the total number of rides provided.

Calculation of billable hours by percentage shall be to two decimal places.

Moorpark shall pay the same proportion for vehicle leases, maintenance, and fuel as for revenue hours as a separate charge for each item.

Costs for fuel, vehicles leases, and maintenance shall be at “billed” charges by the contractor and/or the City’s Fleet Division including all usual and customary markups paid by the transit program.

City shall charge an annual Management Fee. Management Fee shall consist of wage and benefit charges for staff management and billing, proportional shares of Maintenance and Operations costs at the Transportation Center and Municipal Service Center, Cost Allocation expenses, and Trapeze Software expenses, billed on a proportional basis by ridership and/or billed hours for all transit programs operated by Thousand Oaks Transit.

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Billing of Management Fees will be done at fiscal year-end, as part of June invoicing. Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, Moorpark shall be notified by City as soon as reasonably practical.

Management Fees - FY 23-24
(estimated)
Rate Quantity Unit Total Cost
Transit Program Manager (1.25% FTE) $86.67 26 Hours $ 2,253.42 Accounting Specialist (1.25% FTE) $53.60 26 Hours $ 1,393.60 Maintenance & Operations (TOTC) $155,271 0.61% - $ 947.15 Maintenance & Operations (Misc.) $ 27,040 1.66% - $ 448.86 Cost Allocation/Insurance
(Other DAR Services) $ 46,763 12.50% - $ 5,845.38
Trapeze Expenses $ 44,961 1.66% - $ 746.35
Staff and Direct Costs $11,634.76
Optional Work as described in Exhibit “A” shall be charged at a mutually agreed upon price at the time the work is requested, up to a total of $5,000 per contract year. Optional work beyond that figure will require a formal amendment of the Agreement’s not-to-exceed amount.

In the event Liquidated Damages are levied for failure to meet required Performance Measures, Moorpark shall be entitled to a credit on their next monthly invoice equal to their proportional share the Liquidated Damages levied and collected by the City.

Item No.7U
ATTACHMENT #2
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Project Name: Moorpark Fixed Route Maintenance

FIRST AMENDMENT TO

AGREEMENT FOR TRANSIT SERVICES

BETWEEN THE CITY OF THOUSAND OAKS

AND CITY OF MOORPARK
Contract 12083-2019
THIS FIRST AMENDMENT to the agreement for Transit Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and CITY OF MOORPARK (hereinafter referred to as "Moorpark") and dated June 25, 2019, is made this 20th day of June 2023.

RECITALS
A. Contract 12083-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”).

B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions.

C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025.

D. The dates found in Exhibit B, Schedule of Fees, need to be updated to reflect the amended term.

E. City and Moorpark wish to make the above referenced
amendments to the Contract while keeping all other terms intact.

AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The City and Moorpark agree to extend contract 12083-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025.

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Part 2. Exhibit B, Schedule of Fees, is hereby replaced with a new Exhibit B-1, Revised Schedule of Fees, attached hereto and incorporated herein by reference.

IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.

CITY OF MOORPARK CITY OF THOUSAND OAKS
Date: ________________________
By: ________________________ __________________________ Chris Enegren, Mayor Kevin McNamee, Mayor
ATTEST:

By: ________________________ __________________________ Ky Spangler, City Clerk Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:

By: ________________________ __________________________ Troy Brown, City Manager Andrew P. Powers, City Manager

APPROVED BY DEPARTMENT
HEAD:
__________________________
Clifford G. Finley
Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
___________________________
Tracy Friedl
Assistant City Attorney
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EXHIBIT B-1

REVISED SCHEDULE OF FEES
Billing of all routine and pre-approved maintenance services shall be at the City's usual and customary rates for like services and will be according to the following schedule of fees:

Labor: $95.00 per hour
Parts: Cost plus 35 percent
Sub-let: Cost plus 15 percent
City shall seek pre-approval from the Moorpark Project Manager for any repair the City deems necessary that has an estimated cost in parts or sub-let work that exceeds $2,500.

City shall bill for fixed route operations as described in Exhibit “B-1” of Fixed Route Operations Agreement (12084-2019) which shall run concurrent to this Agreement Amendment.

Costs shall be fixed for year one of the extension (July 1, 2023 – June 30, 2024) and City shall notify Moorpark at least 30 days in advance of any changes to the schedule of fees for year two of the extension (July 1, 2024 – June 30, 2025.

Any special repair or maintenance services that fall outside normal and routine repairs and maintenance under this Agreement, for example, the installation of additional equipment on to the buses, will be at a price to be mutually agreed upon in writing, up to a total of $25,000 per contract year. Optional work beyond this figure will require a formal amendment of the Agreement’s not-to-exceed amount.

Item No.7U
ATTACHMENT #3
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Project Name: Moorpark Fixed Route Operations

SECOND AMENDMENT TO

AGREEMENT FOR TRANSIT SERVICES

BETWEEN THE CITY OF THOUSAND OAKS

AND CITY OF MOORPARK
Contract 12084-2019
THIS SECOND AMENDMENT to the agreement for Transit Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and CITY OF MOORPARK (hereinafter referred to as "Moorpark") and dated June 25, 2019, with First Amendment approved on February 2, 2022, is made this 20th day of June 2023.

RECITALS
A. Contract 12084-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”).

B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions.

C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025.

D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions.

F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those
changes.

G. City and Moorpark wish to make the above referenced
amendments to the Contract while keeping all other terms intact.

Item No.7U
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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The City and Moorpark agree to extend contract 12084-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025.

Part 2. Exhibit B-1, Schedule of Fees, is hereby replaced with a new Exhibit B-2, Revised Schedule of Fees, attached hereto and incorporated herein by reference.

IN WITNESS WHEREOF, the parties execute this Second Amendment to Contract as of the date set forth above.

CITY OF MOORPARK CITY OF THOUSAND OAKS
Date: ________________________
By: ________________________ __________________________ Chris Enegren, Mayor Kevin McNamee, Mayor
ATTEST:

By: ________________________ __________________________ Ky Spangler, City Clerk Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:

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APPROVED BY DEPARTMENT
HEAD:
__________________________
Clifford G. Finley
Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney

___________________________
Tracy Friedl
Assistant City Attorney
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EXHIBIT B-2

SCHEDULE OF FEES
Billing shall be calculated on a revenue hour basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, fuel, and vehicle leases (if applicable), City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to Moorpark at the rate earned, 0.5 –

2.0 percent, on a proportional basis, as a separate line item.

Contract Extension Year One (July 1, 2023 – June 30, 2024):
$86.90 - MV billing rate per revenue hour
Contract Extension Year Two (July 1, 2024 – June 30, 2025):

Year one rate plus CPI adjustment of not less than three and not more than five percent.

Calculation of billable hours shall be to two decimal places.

Costs for fuel and vehicles leases (if applicable) shall be at “billed” charges by the contractor and/or the City’s Fleet Division including all usual and customary markups paid by the transit program.

City shall bill for vehicle maintenance and repair as described in Exhibit “B-1” of Fixed Route Maintenance Agreement (12083-2019) which shall run concurrent to this Agreement Amendment.

City shall charge an annual Management Fee. Management Fee shall consist of wage and benefit charges for staff management and billing, proportional shares of Maintenance and Operations costs at the Transportation Center and Municipal Service Center, Cost Allocation expenses, and other expenses, billed on a proportional basis by billed hours for all transit fixed route transit programs operated by Thousand Oaks Transit.

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Management Fees - FY 23-24
(estimated)
Rate Quantity Unit Total Cost
Transit Program Manager (1.25% FTE) $ 82.20 26 Hours $ 2,137.20 Assistant Transit Planner (1.25% FTE) $ 54.88 26 Hours $ 1,426.88 Senior Finance Customer Service Rep.
(1.25% FTE) $ 52.10 26 Hours $ 1,354.60
Maintenance & Operations (TOTC) $155,271 11.49% - $17,840.64 Maintenance & Operations (Misc.) $ 19,876 19.29% - $ 3,834.08 Cost Allocation/Insurance (Other Bus Services) $ 43,065 68.71% - $29,589.96 Staff and Direct Costs $56,183.36
Optional Work as described in Exhibit “A” shall be charged at a mutually agreed upon price at the time the work is requested, up to a total of $25,000 per contract year. Optional work beyond that figure will require a formal amendment of the Agreement’s not-to-exceed amount.

Item No.7U
ATTACHMENT #4
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Project Name: Westlake DAR

FIRST AMENDMENT TO

AGREEMENT FOR TRANSIT SERVICES

BETWEEN THE CITY OF THOUSAND OAKS

AND CITY OF WESTLAKE VILLAGE
Contract 12103-2019
THIS FIRST AMENDMENT to the Agreement for Transit Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and CITY OF WESTLAKE VILLAGE (hereinafter referred to as "Westlake") and dated June 25, 2019, is made this 20th day of June 2023.

RECITALS
A. Contract 12103-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”).

B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions.

C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025.

D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions.

F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those
changes.

G. City and Westlake wish to make the above referenced
amendments to the Contract while keeping all other terms intact.

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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The City and Westlake agree to extend Contract 12103-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025.

Part 2. Exhibit B, Schedule of Fees, is hereby replaced with a new Exhibit B-1, Revised Schedule of Fees, attached hereto and incorporated herein by reference.

Part 3. All terms used in Parts 1 and 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1 and 2 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract as written and previously amended, shall remain the same.

IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.

CITY OF WESTLAKE VILLAGE CITY OF THOUSAND OAKS
Date: ________________________
By: ________________________ ___________________________ Ray Pearl, Mayor Kevin McNamee, Mayor
ATTEST:

By: ________________________ ___________________________ Antoinette Mann, City Clerk Laura B. Maguire, City Clerk APPROVED AS TO ADMINISTRATION:

By: ________________________ ___________________________ Rob de Geus, City Manager Andrew P. Powers, City Manager Item No.7U
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APPROVED AS TO FORM: APPROVED BY
DEPARTMENT HEAD:
______________________________
Richards, Watson & Gershon Clifford G. Finley
A Professional Corporation Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
___________________________
Tracy Friedl
Assistant City Attorney
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

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EXHIBIT B-1

REVISED SCHEDULE OF FEES
Billing shall be calculated on a “per-ride” basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, City shall bill for proportional costs of fuel, vehicle leases, vehicle maintenance. Separately, the City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to Westlake at the rate earned, 0.5 – 2.0 percent, on the same proportional basis as billing, as a separate line item.

Contract Extension Year One (July 1, 2023 – June 30, 2024):
$97.97 - MV billing rate per revenue hour
Contract Extension Year Two (July 1, 2024 – June 30, 2025):

Year one rate plus CPI adjustment of not less than three and not more than five percent.

The number of revenue hours billed shall be determined by taking the total number of revenue hours contractor bills for Thousand Oaks Transit (local) Dial-a-Ride services in a month and applying a percentage of hours proportional to the Westlake portion of rides provided to the total number of rides provided. Calculation of billable hours by percentage shall be to two decimal places.

Westlake shall pay the same proportion for vehicle leases, maintenance, and fuel as for revenue hours as a separate charge for each item.

Billing of Management Fees will be done at fiscal year-end, as part of June invoicing.

Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, Westlake shall be notified by City as soon as reasonably practical.

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Management Fees - FY 23-24 (estimated)
Rate Quantity Unit Total Cost
Transit Program Manager (1.25%) $ 86.67 26 Hours $ 2,253.42 Accounting Specialist (1.25%) $ 53.60 26 Hours $ 1,393.60 Maintenance & Operations (TOTC) $155,271 1.54% - $ 2,391.17 Maintenance & Operations (Misc.) $ 27,040 4.13% - $ 1,116.75 Cost Allocation/Insurance
(Other DAR Services) $ 46,763 31.3% - $14,636.82
Trapeze Expenses $ 44,961 4.13% - $ 1,856.89
Staff and Direct Costs $23,648.65
Optional Work as described in Exhibit “A” shall be charged at a mutually agreed upon price at the time the work is requested, up to a total of $5,000 per contract year. Optional work beyond that figure will require a formal amendment of the Agreement’s not-to-exceed amount.

In the event Liquidated Damages are levied for failure to meet required Performance Measures, Westlake shall be entitled to a credit on their next monthly invoice equal to their proportional share the Liquidated Damages levied and collected by the City.

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Project Name: Kanan Shuttle

FIRST AMENDMENT TO

AGREEMENT FOR TRANSIT SERVICES

BETWEEN THE CITY OF THOUSAND OAKS

AND COUNTY OF VENTURA
Contract 12085-2019
THIS FIRST AMENDMENT to the agreement for Transit Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and COUNTY OF VENTURA (hereinafter referred to as "County") and dated June 25, 2019, is made this 20th day of June 2023.

RECITALS
A. Contract 12085-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”).

B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions.

C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025.

D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions.

F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those
changes.

G. City and County wish to make the above referenced
amendments to the Contract while keeping all other terms intact.

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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The City and County agree to extend contract 12085-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025.

Part 2. Exhibit B, Schedule of Fees, is hereby replaced with a new Exhibit B-1, Revised Schedule of Fees, attached hereto and incorporated herein by reference.

IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.

COUNTY OF VENTURA CITY OF THOUSAND OAKS
Chair, Board of Supervisors Kevin McNamee, Mayor
ATTEST:

Clerk of the Board of Supervisors
County of Ventura, State of California
By:

Deputy Clerk of the Board Laura B. Maguire, City Clerk

APPROVED AS TO
ADMINISTRATION:

Andrew P. Powers, City Manager
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APPROVED BY DEPARTMENT
HEAD:
__________________________
Clifford G. Finley
Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl
Assistant City Attorney
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EXHIBIT B-1

REVISED SCHEDULE OF FEES
Billing shall be calculated on a revenue hour basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, fuel, and vehicle leases (if applicable), City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to County at the rate earned, 0.5 – 2.0 percent, on a proportional basis, as a separate line item.

Contract Extension Year One (July 1, 2023 – June 30, 2024):
$140.11 - MV billing rate per revenue hour. Calculation of billable hours shall be to two decimal places.

Contract Extension Year Two (July 1, 2024 – June 30, 2025):

Year one rate plus CPI adjustment of not less than three and not more than five percent.

Calculation of billable hours shall be to two decimal places.

Costs for fuel and vehicles leases shall be at “billed” charges by the contractor and/or the City’s Fleet Division including all usual and customary markups paid by the transit program.

City shall charge an annual Management Fee. Management Fee shall consist of wage and benefit charges for staff management and billing, proportional shares of Maintenance and Operations costs at the Transportation Center and Municipal Service Center and Cost Allocation expenses, billed on a proportional basis by billed hours for all fixed route transit programs operated by Thousand Oaks Transit.

Billing of Management Fees will be done at fiscal year-end, as part of June invoicing. Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, County shall be notified by City as soon as reasonably practical.

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Management Fees - FY 23-24
(estimated)
Rate Quantity Unit Total Cost
Transit Program Manager (2.5% FTE) $86.67 52 Hours $ 4,517.24 Assistant Transit Planner (1.25% FTE) $58.18 26 Hours $ 1,512.68 Accounting Specialist (1.25% FTE) $53.60 26 Hours $ 1,393.60 Maintenance & Operations (TOTC) $155,271 5.23% - $ 8,120.67 Maintenance & Operations (Misc.) $ 19,876 8.79% - $ 1,747.10 Cost Allocation/Insurance
(Other Bus Services) $ 43,065 31.4% - $13,518.10
Staff and Direct Costs $30,809.39
Optional Work as described in Exhibit “A” shall be charged at a mutually agreed upon price at the time the work is requested, up to a total of $5,000 per contract year. Optional work beyond that figure will require a formal amendment of the Agreement’s not-to-exceed amount.

In the event Liquidated Damages are levied for failure to meet required Performance Measures, County shall be entitled to a credit on their next monthly invoice equal to their proportional share the Liquidated Damages levied and collected by the City.

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Project Name: County DAR

FIRST AMENDMENT TO

AGREEMENT FOR TRANSIT SERVICES

BETWEEN THE CITY OF THOUSAND OAKS

AND COUNTY OF VENTURA
Contract 12086-2019
THIS FIRST AMENDMENT to the agreement for Transit Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and COUNTY OF VENTURA (hereinafter referred to as "County") and dated June 25, 2019, is made this 20th day of June 2023.

RECITALS
A. Contract 12086-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”).

B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions.

C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025.

D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions.

F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those
changes.

G. City and County wish to make the above referenced
amendments to the Contract while keeping all other terms intact.

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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The City and County agree to extend contract 12086-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025.

Part 2. Exhibit B, Schedule of Fees, is hereby replaced with a new Exhibit B-1, Revised Schedule of Fees, attached hereto and incorporated herein by reference.

IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.

COUNTY OF VENTURA CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
Chair, Board of Supervisors
ATTEST:

Clerk of the Board of Supervisors
County of Ventura, State of California
By:

Deputy Clerk of the Board Laura B. Maguire, City Clerk

APPROVED AS TO
ADMINISTRATION:

Andrew P. Powers, City Manager
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APPROVED BY DEPARTMENT
HEAD:
__________________________
Clifford G. Finley
Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl
Assistant City Attorney
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EXHIBIT B-1

REVISED SCHEDULE OF FEES
Billing shall be calculated on a “per-ride” basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, City shall bill for proportional costs of fuel, vehicle leases, vehicle maintenance. Separately, the City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to County at the rate earned, 0.5 – 2.0 percent, on the same proportional basis as billing, as a separate line item.

Contract Extension Year One (July 1, 2023 – June 30, 2024):
$97.97 - MV billing rate per revenue hour
Contract Extension Year Two (July 1, 2024 – June 30, 2025):

Year one rate plus CPI adjustment of not less than three and not more than five percent.

The number of revenue hours billed shall be determined by taking the total number of revenue hours contractor bills for Thousand Oaks Transit (local) Dial-a-Ride services in a month and applying a percentage of hours proportional to the County portion of rides provided to the total number of rides provided. Calculation of billable hours by percentage shall be to two decimal places.

County shall pay the same proportion for vehicle leases, maintenance, and fuel as for revenue hours as a separate charge for each item.

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Billing of Management Fees will be done at fiscal year-end, as part of June invoicing. Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, County shall be notified by City as soon as reasonably practical.

Management Fees - FY 23-24
(estimated)
Rate Quantity Unit Total Cost
Transit Program Manager (1.25%) $86.67 26 Hours $ 2,253.42 Accounting Specialist (1.25%) $53.60 26 Hours $ 1,393.60 Maintenance & Operations (TOTC) $155,271 0.44% - $ 683.19 Maintenance & Operations (Misc.) $ 27,040 1.20% - $ 324.48 Cost Allocation/Insurance
(Other DAR Services) $ 46,763 9.00% - $ 4,208.67
Trapeze Expenses $ 44,961 1.20% - $ 539.53
Staff and Direct Costs $ 9,402.89
Optional Work as described in Exhibit “A” shall be charged at a mutually agreed upon price at the time the work is requested, up to a total of $5,000 per contract year. Optional work beyond that figure will require a formal amendment of the Agreement’s not-to-exceed amount.

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Project Name: Fiscal Agent Agreement

FOURTH AMENDMENT TO FISCAL AGENT AGREEMENT

FOR INTERCITY DIAL-A-RIDE SERVICES

BETWEEN CITY OF THOUSAND OAKS

AND THE PARTICIPATING AGENCIES OF THE

EAST COUNTY TRANSIT ALLIANCE CONSISTING OF THE

CITIES OF MOORPARK, SIMI VALLEY, AND COUNTY OF VENTURA
Contract No. 10953-2015
This FOURTH AMENDMENT to the Agreement for InterCity Dial-A-Ride (DAR) services, entered into between CITY OF THOUSAND OAKS, a municipal corporation, (hereinafter “City”) and PARTICIPATING AGENCIES OF THE EAST COUNTY TRANSIT ALLIANCE (hereinafter “Agencies”), dated June 9, 2015 (hereinafter “Contract”), and as amended on July 12, 2016, June 19, 2018, and June 25, 2019, is made and entered into this 20th day of June 2023.

RECITALS
A. With the Third Amendment to the Contract, the parties expressed an intention for the Contract to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc. (“Contractor”), Contract 12072-2019 (“Base Contract”).

B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions.

C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025.

D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions.

F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those
changes.

ATTACHMENT #7
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G. City and Agencies wish to make the above referenced
amendments to the Contract while keeping all other terms intact.

AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The City and Agencies agree to extend Contract 10935-2015 as amended for two years to reflect a new termination date of June 30, 2025.

Part 2. Exhibit C-1, Schedule of Fees, is hereby replaced with a new Exhibit C-2, Revised Schedule of Fees, attached hereto and incorporated herein by reference.

Part 3. Exhibit D, Section 3(a) Maximum Rate, CPI calculation, a new sentence at the end of the paragraph is added as follows: Year One of the first contract extension, no CPI adjustment. Year Two of the first contract extension, CPI adjustment shall not be less than three percent but shall not exceed five percent using the described calculation method above.

Part 4. All terms used in Parts 1, 2, and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1, 2, and 3 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract as written and previously amended, shall remain the same.

IN WITNESS WHEREOF, the parties execute this Fourth Amendment to Contract as of the date set forth above.

Signatures on following pages
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CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST:

Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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CITY OF MOORPARK
Date: ________________________
By: ________________________
Chris R. Enegren, Mayor

APPROVED AS TO ADMINISTRATION
By: ________________________
Troy Brown, City Manager
ATTEST:

By: ________________________
Ky Spangler, City Clerk
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CITY OF SIMI VALLEY
City of Simi Valley,
A Municipal Corporation
Attest:
_________________________ By:_____________________________ Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form:
__________________________
David L. Caceres, City Attorney
Approved as to Content:
__________________________
Brian Paul Gabler, City Manager
__________________________
Ronal K. Fuchiwaki
Public Works Director
_________________________
Carolyn J. Johnson
Administrative Services Director
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COUNTY OF VENTURA
_____________________________
, Chair
Board of Supervisors
County of Ventura
ATTEST:
,
Clerk of the Board of
Supervisors County of
Ventura, State of California
By: __________________________
Deputy Clerk of the Board
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EXHIBIT C-1

REVISED SCHEDULE OF FEES
Billing shall be calculated on a “per-ride” basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, City shall bill for proportional costs of fuel, vehicle leases, and vehicle maintenance. Separately, the City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to County at the rate earned, 0.5 – 2.0 percent, on the same proportional basis as billing, as a separate line item.

Contract Extension Year One (July 1, 2023 – June 30, 2024):
$117.10 - MV billing rate per revenue hour
Contract Extension Year Two (July 1, 2024 – June 30, 2025):

Year one rate plus CPI adjustment of not less than three and not more than five percent.

The number of billed rides shall be determined by taking the total number of rides performed (on a per-person basis, regardless of fare type) for ECTA InterCity Diala-Ride services in a month and applying the number of rides to each individual agency’s portion of total rides provided. For “other” rides, which are those rides not assignable to any specific agency, each agency shall share the ride costs equally (quarters). Any applicable grant offsets shall be applied on a per ride basis as billed, until grant funding is exhausted.

Each agency shall pay in the same proportion as rides for vehicle leases, maintenance, and fuel as for revenue hours as a separate charge for each item.

Any applicable grant offsets shall be applied in 12 equal credits, applied on a calendar year basis, until grant funding is exhausted.

City shall charge an annual Management Fee. Management Fee shall consist of wage and benefit charges for staff management and billing, proportional shares of Maintenance and Operations costs at the Transportation Center and Municipal Service Center, Cost Allocation expenses, and Trapeze Software expenses, billed on a proportional basis by ridership. Expenses shall be specific to Fund 121, Project 5550 (ECTA), or where applicable in Fund 651, Project 5550 (TOT DAR).

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Billing of Management Fees will be done at fiscal year-end, as part of June invoicing. Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, ECTA Management Committee shall be notified by City as soon as reasonably practical.

Management Fees - FY 23-24 (estimated)
Rate Quantity Unit Total Cost
Senior Transit Analyst (2.5% FTE) $ 86.67 26 Hours $ 4,506.84 Assistant Transit Planner (5.0% FTE) $ 58.18 104 Hours $ 3,025.36 Accounting Specialist (5.0% FTE) $ 53.60 104 Hours $ 5,574.40 Maintenance & Operations (TOTC) $155,271 11.34% - $17,607.73 Cost Allocation/Insurance (ECTA) $ 53,580 - - $53,580.00 Trapeze Expenses $ 44,961 21.25% - $ 9,554.21
Ancillary Charges (Brochures, etc.) $ 1,500 $ 1,500.00
Staff and Direct Costs $95,348.54
In the event Liquidated Damages are levied for failure to meet required Performance Measures, Agencies shall be entitled to a credit on their next monthly invoice equal to their proportional share the Liquidated Damages levied and collected by the City.

Item No.7U
C I TY
"Gateway to the Santa Monica Mountains National Recreation Area" May 26, 2023
City of Thousand Oaks
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Attn: Mike Houser
Subject: Agreement for Contractor Services - Extension of Agreement Request (Dial-ARide Services) Dear Mr. Houser,
As you are aware, the agreement for contractor services with the City of Agoura Hills for Dial-ARide services is scheduled to expire on June 30, 2023. The City of Agoura Hills desires to exercise its option to extend this agreement for an additional two-year term. Per Section 1 of the agreement:

The City may, with mutual consent of the Contractor, extend this Agreement for two additional terms of two-year[s] upon providing written notice of its intent to extend this Agreement to the Contractor not less than ninety (90) days prior to the expiration of the initial Term. Such extension shall run concurrently with the Contractor's Agreement with its contracted Transit Operation Service Provider (Sub-contractor), Contract 12072-2019 and shall be at process and conditions mutually agreed to.

If you are amicable to this extension, please execute the section below and return to my attention.

If you have any questions regarding this letter, please contact me at City Hall at (818)597-7314.

Sincerely, �laya
Deputy City Manager
ATTACHMENT #8
DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #8.pdf Item No.7U
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.7U
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: June 20, 2023
SUBJECT: On-Call Professional Services Agreements for Building & Safety Services
RECOMMENDATION:

1. Approve on-call professional services agreements with five firms to assist the Building Division with inspections and plan check services for a two-year period ending June 30, 2025, with not-to-exceed amounts of $200,000 per fiscal year, for a not-to-exceed total of $400,000 per agreement, and not-to-exceed amounts of $125,000 for each individual Task Order.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

Financial Impact to be Determined. Funds will be identified on a case-by-case basis and will be charged to the appropriate Adopted FY 2023-24 and FY 2024-25 General Fund Budget.

BACKGROUND:

The Community Development Department utilizes professional consultants and contractors on a regular basis for a variety of projects. On-call agreements with pre-qualified companies are often used to ensure projects are completed in a timely and efficient manner. These agreements and services are also available for use during emergency situations.

Through the on-call agreement process, staff utilizes the services of pre-qualified consultants, who perform building inspections, and plan checks in compliance with applicable State of California Building, Mechanical, and Electrical Plumbing codes, as well as State energy efficiency and accessibility standards on an as-needed basis. Companies recommended for on-call agreements are selected based on their expertise for one or more service categories noted in their Statement of Item No.7V
On-Call Professional Services Agreements for Building & Safety Services June 20, 2023

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Qualifications (SOQ) in response to a Request for Qualifications (RFQ). Specific projects are authorized through individual task orders up to $125,000.

The Community Development Department issued a formal RFQ for Professional Consulting Services on March 24, 2023, which was publicly advertised in the Thousand Oaks Acorn newspaper on March 24, 2023, and on the City’s eprocurement website per City purchasing requirements (Thousand Oaks Municipal Code Section 3-10.401d). Professional disciplines specified in the RFQ related to Building Consulting Services included: Registered California Engineers, California Access Specialists (CASp), International Code Council (ICC) certified Building Official, Plan Examiners, Inspectors, and Permit Technicians as well as California licensed engineers.

DISCUSSION/ANALYSIS:

The City issued a formal RFQ for Professional Consulting Services in three categories: Environmental Consulting Services, Planning Consulting Services, and Building Consulting Services. A total of 17 SOQs were received. Out of those 17,11 SOQs applied to the Building Consulting Services discipline. Based on staff’s review of the 11 Building Consulting Service SOQs and verification of listed references, staff is recommending that five of the responding companies be offered contracts and be added to the City’s Master On-Call Professional Services list (Attachment #1). A sample On Call Agreement is included here as Attachment #2. Six firms did not meet the requirements of the RFQ.

Task Orders are issued for each specific project. Pre-approved companies are contacted to provide proposals for specified projects, and selection is determined under the following criteria, as provided by the City’s Purchasing Policy:

1. For Task Orders up to $75,000, award will be made either on a rotational basis based on the consultant’s expertise or based on a minimum of three proposals obtained from the approved list of on-call companies for that specific service category. A Task Order is then negotiated with the company that provides the proposal with the best value.

2. For Task Orders greater than $75,000 and up to $125,000, proposals are requested from the list of approved on-call companies (minimum of three proposals) for that specific service category. A Task Order is then negotiated with the company that provides the proposal with the best value.

3. Services estimated to cost over $125,000 must be selected through a formal RFP process with a separate agreement approved by City Council.

Item No.7V
On-Call Professional Services Agreements for Building & Safety Services June 20, 2023

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Authorized funds will be identified for each issued Task Order. The Agreements recommended for approval are for a maximum of $200,000 annually (total $400,000 per agreement term) and are scheduled to expire on June 30, 2025, to be consistent with the City’s existing on-call agreements.

Copies of the standard on-call agreements with the selected firms are available for review by request to the Community Development Department by email at [email protected] or by phone at 805-449-2500.

This action is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable physical change in the environment.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

PREPARED BY: Michelle McMurtry, Office Supervisor
Attachments:

Attachment #1 – Company List
Attachment #2 – On Call Agreement Template
CDD:450-10/H:/COMMON/City Council/CC Agenda Items/2023/06202023/Building On-Call Professional Services Agreements/Staff Report.docx
Item No.7V
ATTACHMENT #1
List of Qualified Consultants for on-call Building Division Professional Services Company Location

1. CSG Orange, California

2. JAS Pacific Upland, California

3. M6 Westlake Village, California

4. True North Long Beach, California

5. Willdan Ventura, California
CDD:450-10/H:\COMMON\City Council\CC Agenda Items\2023\06202023\Building On-Call Professional Services Agreements\Final\ATTACHMENT #1 - Company List.docx
Item No.7V
ATTACHMENT #2
Project Name: On-Call Professional
Consulting Services

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

CONTRACTOR NAME
THIS AGREEMENT is made and entered into this 1st day of July, 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation ("City"), and CONTRACTOR NAME, hereafter “Consultant".

City and Consultant agree as follows:

2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:

Professional services in conjunction with On-Call Professional Consulting Services related to Building Services and as are more particularly set forth in the Scope of Work, attached as Exhibit “A”, which is incorporated herein by reference and as specifically detailed in each issued Task Order.

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $200,000 annually or $400,000 for the term of the Agreement (herein "not to exceed amount"), and $125,000 per Task Order, and shall be earned as the work progresses on the following basis:

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5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2025, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.

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9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL). Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury, and property damage, including without limitation, blanket contractual liability. (b) Automobile Liability. Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Worker’s Compensation. Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit Item No.7V
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled 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’s payments. In the alternative, City may cancel this Agreement.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

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Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees, or 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 his own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

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Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.

However, approval or payment by City shall not constitute, nor be deemed, a release of Item No.7V
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the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.

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18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the IRS.

23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.

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25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Kelvin Parker, Community Development Director
City of Thousand Oaks
Community Development Department
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: CONTRACTOR NAME
(CONTRACTOR ADDRESS)
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In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.

CONTRACTOR NAME
_________________________________
Contractor Signatory Name & Title

_________________________________
Contractor Signatory Name & Title

CITY OF THOUSAND OAKS
_________________________________
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
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APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Kelvin Parker
Community Development Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.7V
TO: Andrew P. Powers, City Manager
FROM: Jaime Boscarino, Finance Director
DATE: June 20, 2023
SUBJECT: Annual Gann Appropriations Limit
RECOMMENDATION:

1. Adopt resolution approving the Annual Gann Appropriations Limit calculation, setting City of Thousand Oaks’ Gann Limit at $219,559,478 for FY 2023-24.

2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to complete the Gann Appropriations Limit calculation, which is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

In California, the Gann Spending Limitation Initiative (Proposition 4) was approved by voters in November 1979. This Proposition set Appropriations Limits for state and local governments in California and established procedures for determining those limits annually. Each government entity is required to set its Appropriations Limit every fiscal year using 1978-79 as the base year; then adjusting each subsequent year by using a combination of the increase in population, plus the increase in Consumer Price Index (CPI) or per capita personal income, whichever is less.

Proposition 4 and its implementing legislation Chapter 1205/80 of the California Constitution were modified by Proposition 111 and SB 88 (Chapter 60/90). Beginning with the FY 1990-91 Appropriations Limit, the annual adjustment factors changed. Annually, the government entity can select the greater of growth in the California Per Capita Income, or growth in assessed valuation due to non-residential construction within the city. For the population factor, the entity can select the greater of population growth within the city or county.

Item No.7W
Annual Gann Appropriations Limit
June 20, 2023

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In compliance with Proposition 111, revised annual adjustment factors were applied to the base FY 1986-87 limit and each year in between in order to calculate limits for FY 1998-99. In addition, the limit can be adjusted for assumed responsibility from one government entity to another. County charges for administration fees for property tax collection were added to the FY 1991-92 Appropriation Limit.

Beginning in FY 1991-92, Proposition 111 allowed the exclusion of qualified capital outlays and qualified debt service, when calculating appropriations subject to the Gann Limit.

In FY 2021-22, California Government Code section 7903 was amended to require cities to include specific state subventions (unrestricted money received by a local agency from the state) within its appropriation limits. Subdivision (c) of the Government Code states that the specific amount attributed to the subventions in excess of the limit must be reported to the Department of Finance. The City does not have reportable state subventions for FY 2023-24. Gann limitation calculations for all fiscal years since FY 1982-83 are included in Attachment #1.

DISCUSSION/ANALYSIS:

The City established its Appropriations Limit for FY 1978-79 and for each subsequent fiscal year, except FY 1979-80, when one was not required. The Gann Appropriations Limit applicable to the City, pursuant to Article XIII B of the California State Constitution, shall be $219,559,478 where actual appropriations subject to the limit equal $102,590,013.

The Gann Appropriations Limit consists of the prior year’s limit, adjusted by a population factor and an inflationary factor. For the population factor, the City has the option of selecting the larger percentage change between either the City's or the County's percentage change in population, as provided by the State’s Department of Finance. For FY 2023-24, the City used the County’s population percentage change of -0.72 percent compared to the City’s -1.18 percent. For the inflationary factor, the City has the option of selecting the larger percentage change between either the change in per capita personal income provided by the State or the net change in the assessed valuation due to non-residential new construction provided by the City’s property tax consultant. For FY 2023-24, the City used the change in per capita personal income of 4.44 percent compared to the net change in the assessed valuation of 2.37 percent for the calculation of the Gann Appropriations Limit.

Staff recommends adoption of the resolution (Attachment #2) to approve the City’s Annual Gann Appropriations Limit calculation.

Item No.7W
Annual Gann Appropriations Limit
June 20, 2023

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COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Ryan Roman, Acting Budget Officer
Attachments:

Attachment #1 – Gann Limitation by Fiscal Year
Attachment #2 – Gann Resolution
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ATTACHMENT #1
FIN:380-70:H:Common/Council/2023/062023 Gann Attach 1.docx Appropriation
Fiscal Year Limitation Gann Limitation Subject to
1982-1983 $ 26,676,196 $ 15,731,080
1983-1984 $ 27,883,943 $ 17,886,230
1984-1985 $ 29,771,185 $ 21,045,860
1985-1986 $ 31,144,058 $ 21,324,340
1986-1987 $ 32,800,252 $ 21,613,926
1987-1988 $ 34,442,910 $ 19,975,391
1988-1989 $ 36,712,907 $ 29,159,701
1989-1990 $ 39,554,844 $ 32,077,180
1990-1991 $ 41,867,259 $ 31,676,329
1991-1992 $ 45,465,992 $ 25,113,056
1992-1993 $ 45,920,397 $ 26,210,270
1993-1994 $ 48,112,821 $ 27,555,533
1994-1995 $ 48,997,111 $ 27,785,176
1995-1996 $ 52,412,935 $ 28,417,734
1996-1997 $ 55,469,572 $ 27,017,387
1997-1998 $ 58,640,601 $ 28,030,942
1998-1999 $ 62,271,240 $ 29,828,468
1999-2000 $ 66,003,417 $ 35,928,346
2000-2001 $ 70,836,801 $ 35,757,212
2001-2002 $ 77,796,837 $ 41,137,929
2002-2003 $ 78,736,719 $ 43,294,257
2003-2004 $ 82,311,648 $ 48,464,561
2004-2005 $ 86,482,132 $ 51,352,920
2005-2006 $ 92,005,140 $ 57,712,131
2006-2007 $ 96,432,887 $ 56,840,880
2007-2008 $ 101,712,202 $ 63,218,463
2008-2009 $ 109,487,490 $ 65,856,918
2009-2010 $ 128,335,761 $ 62,145,824
2010-2011 $ 126,789,572 $ 62,169,707
2011-2012 $ 131,050,716 $ 60,697,451
2012-2013 $ 136,820,879 $ 62,680,910
2013-2014 $ 144,876,071 $ 60,984,655
2014-2015 $ 145,684,769 $ 67,487,972
2015-2016 $ 152,248,159 $ 66,663,445
2016-2017 $ 161,546,868 $ 69,853,431
2017-2018 $ 168,194,683 $ 73,431,776
2018-2019 $ 175,308,982 $ 75,310,001
2019-2020 $ 181,730,725 $ 77,484,522
2020-2021 $ 187,792,899 $ 79,324,184
2021-2022 $ 197,163,577 $ 84,774,157
2022-2023 $ 211,750,133 $ 89,030,150
2023-2024 $ 219,559,478 $ 102,590,013
Item No.7W
RESOLUTION NO.

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF THOUSAND

OAKS ESTABLISHING THE

APPROPRIATIONS LIMIT FOR FISCAL
YEAR 2023-2024
WHEREAS, the Gann Spending Limitation Initiative added Article XIII B to the Constitution of the State of California to establish and define annual appropriation limits on state and local government entities; and WHEREAS, Government Code Section 7900, et seq. provides for the implementation of Article XIII B by defining various terms and prescribing procedures to be used in implementing specific provisions, including the establishment each year by the governing body of each local jurisdiction of its appropriation limit; and
WHEREAS, the required computation to determine the City of Thousand Oaks Appropriation Limit for FY 2023-2024 has been performed by the Finance Department and is on file with the Finance Department, and available for public review for fifteen days prior to the City Council meeting on this action; and WHEREAS, a summary of this computation is provided in “Exhibit A,” which is herein incorporated by reference and attached hereto.

NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:

1. The City of Thousand Oaks Appropriation Limit for FY 2023-2024 is $219,559,478.

2. This Appropriation Limit includes adjustments made pursuant to Section 3 of Article XIII B of the California Constitution and SB 1352, as of the date of this Resolution.

ATTACHMENT #2
Item No.7W
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3. This Appropriation Limit is subject to amendments, deletions, and additions, which may be provided pursuant to Article XIII B of the California Constitution and legislation in implementation thereof.

This limitation may be amended from time to time to reflect new or changed information as such is encountered.

PASSED AND ADOPTED this 20th day of June, 2023 by the following vote:

Ayes:

Noes:

Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_________________________________
Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM:

Office of City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

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EXHIBIT A
Item No.7W
TO: Andrew P. Powers, City Manager
FROM: Jonathan Serret, Cultural Affairs Director
DATE: June 20, 2023
SUBJECT: City Sponsorship of New West Symphony's Summerfest Program
RECOMMENDATION:

1. Approve additional budget appropriation and expenditure in the amount of $25,000 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-1240-674-5799 (General Fund – Special Events) for City sponsorship of New West Symphony’s Summerfest Program.

2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

FINANCIAL IMPACT:
$25,000 Increase to Adopted FY 2022-23 General Fund Budget. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget. $25,000 increase to the Adopted FY 2022-23 General Fund Budget for City sponsorship of New West Symphony’s (NWS) Summerfest Program is requested.

BACKGROUND:

During the 1990s, City Council designated three local performing arts companies as “Resident Companies” for the Thousand Oaks Civic Arts Plaza’s Bank of America Performing Arts Center (BAPAC). These organizations included 5 Star Theatricals (formerly Cabrillo Music Theatre), NWS, and Pacific Festival Ballet (PFB). This distinction was intended to enhance the visibility of these performing arts organizations within the community and to strengthen their fundraising efforts by leveraging the Resident Company status.

In May 2022, City Council approved Resident Company status for the three organizations through June 30, 2025.

Item No.7X
City Sponsorship of New West Symphony's Summerfest Program June 20, 2023

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Resident Companies receive several benefits, including: priority booking for the Fred Kavli Theatre and Janet & Ray Scherr Forum, a 35 percent discount off standard theatre rent fees, the waiver of performance holding deposits, and discounted office space in the Civic Arts Plaza (if available).

On May 4, 2023, NWS requested a sponsorship from the City in the amount of $25,000 (Attachment #1), highlighting the economic impact of cultural tourism and the value of sponsorship investment (Attachment #2).

DISCUSSION/ANALYSIS:

In June 2023, NWS is producing and presenting a new outdoor Summerfest program. This concept provides the symphony with an extended reach beyond traditional classical presentations. They have partnered with Moorpark College to present a weekend music festival on the college campus featuring prominent award-winning artists backed by NWS. Additionally, the festival will feature a screening of Indiana Jones: Raiders of the Lost Ark with NWS playing the score live. NWS has positioned this new outdoor music festival as a destination event for residents throughout the region.

In addition to providing high-quality outdoor entertainment for residents and visitors throughout the Conejo Valley region, Summerfest presents an opportunity for NWS to gain exposure to new, more diverse audiences and expose them to the magic of symphonic music. This weekend of programs will potentially serve as a vehicle for audience development, leading to new audiences coming to the BAPAC later in the year to enjoy more traditional NWS concerts. This audience development has the potential to bolster NWS subscribership and strengthen the organization’s long-term health.

NWS has requested $25,000 sponsorships from several key partner agencies to highlight the value of Summerfest as a regional entertainment event for residents and visitors throughout the Conejo Valley and surrounding communities.

Financial commitments have been secured from the City of Simi Valley and the City of Camarillo. Moorpark College has agreed to host the event on the central lawn of the campus, where they are seeking to locate a future outdoor amphitheater.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).

Item No.7X
City Sponsorship of New West Symphony's Summerfest Program June 20, 2023

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H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.

Attachments:

Attachment #1 – NWS Sponsorship Request
Attachment #2 – NWS Sponsorship Packet
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M E M O R A N D U M
TO: Jonathan Serret, Cultural Affairs Director, City of Thousand Oaks CC: Drew Powers, City Manager, City of Thousand Oaks
Ingrid Hardy, Assistant City Manager, City of Thousand Oaks FROM: Patricia Jones, Director of Special Projects, New West Symphony RE: 2023 New West Summerfest
DATE: May 4, 2023 – Page 1 of 2
The New West Symphony is setting out to create a Hollywood Bowl-style experience at Moorpark College, in anticipation of its 4,000-seat outdoor amphitheater in Ventura County, with its 2023 inaugural New West Symphony Summerfest. Just as the Los Angeles Philharmonic partners with the Hollywood Bowl to provide its summer pops concerts, Moorpark College wishes to partner with the New West Symphony to provide the same. The LA Phil derives 60% of its annual budget from the summer concerts. New West is hoping this new venture will help us bridge the financial gap between our Spring and Fall season of performances.

The purpose of this new venture is to engage new and diverse audiences and provide entertainment of the highest caliber to our regional community. As part of this engagement, we are planning to work with local vendors and community partners, attract attention from new audiences from Ventura, Los Angeles and beyond. This aligns with NWS’s future dreams, and to help build an audience for the amphitheater; help fundraise and contribute toward the capital campaign; and ultimately become the summer pops orchestra for summer music festivals. The outdoor venue is also attractive to audiences who are still reluctant to be indoors.

NWS will launch the first annual Summerfest weekend June 24-25, 2023, which will include:
- Saturday, June 24, 2023: Headliners from mainstream, country, jazz, pop and rock with the NWS Orchestra. Players such as Jason Scheff, Bill Camplin and Danny Seraphine of Chicago, Robby Kreiger from the Doors and country sensation Blanco Brown. - Sunday, June 25, 2023: VIP Dinner with regional leaders and orchestra supporters and Raiders of the Lost Ark movie night with the NWS Orchestra.

Community engagement activities will include:
- Student engagement from area schools and Moorpark College - NWS Harmony Project of Ventura County performance
- Popular food trucks and food booths from local restaurants - A beer garden featuring local breweries and beverage distributors ATTACHMENT #1
Item No.7X

MEMORANDUM TO JONATHAN SERRET, CULTURAL AFFAIRS DIRECTOR FROM PATRICIA JONES, NEW WEST SYMPHONY MAY 5, 2023 PAGE 2 of 2 By taking its programming outdoors with an annual summer festival, NWS will meet concertgoers where they are. Your investment in Summerfest will bring hundreds of years of orchestral arts, decades of experience, with current day programming to keep high quality music performance and music education alive in our communities and attracting new audiences. It also brings the Thousand Oaks Civic Arts Plaza brand to Moorpark.

Over the course of 28 years, more than 168,000 people have attended NWS concerts. When one support the arts, there is an economic multiplier effect on the community. Ticket holders tend to spend $7 in the community for every $1 spent on tickets. Ticket prices range from $10.00 to $125.00. With the average ticket price of $67.50 x $7.00 x 168,000, this translates into $79,380,000 multiplier effect over the course of 28 years. This data was generated by California Lutheran University.

The 2023 Summerfest budget is approximately $700,000. The City of Thousand Oaks understands that an investment in the arts increases the quality of life for everyone and provides excellent cause marketing and other brand benefits to its sponsors. It’s a win-win! We view this as a regional project; therefore, we are submitting letters of request to area cities to share in our desire to partner with you and them to help make this dream a reality. We are seeking a Ruby Sponsorship in the amount of $25,000 to help us launch this enormous effort this summer. The City of Thousand Oaks will receive 10 two-day passes to the festival, 10 VIP tickets to the pre-concert dinner on Sunday, advertising, complimentary parking, exposure on social media, website, email blasts, print ad in program book.

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2023 SPONSORSHIP

OPPORTUNITIES
JUNE 24-25, 2023 | MOORPARK COLLEGE

A CELEBRATION OF MUSIC & COMMUNITY
event presented by
ATTACHMENT #2
Item No.7X
New West Symphony (NWS) is a professional orchestra
drawing from the talented pool of Los Angeles-area musicians.

Serving the region since 1995, NWS has reached nearly a million concertgoers and thousands of youth through its yearround outreach and educational programs. NWS presents six Masterpiece Series concerts annually with Internationally acclaimed guest artists at Thousand Oaks Civic Arts Plaza and Rancho Campaña Performing Arts Center in Camarillo.

Orchestra members are accomplished musicians, many are
GRAMMY® nominated artists and studio musicians featured on soundtracks, such as Jurassic Park, Star Wars and La La Land.

NWS strives to be the hub for music appreciation and education across Ventura County and surrounding region. Under the artistic direction of GRAMMY® award-winning Maestro Michael Christie, NWS is embarking on new initiatives to meet the public’s interest in professional indoor and outdoor concert experiences with a broader range of musical genres than the stereotypical orchestra. Despite being a 501(c)3 nonprofit organization, NWS still competes with the greater performing arts industry, a challenge that requires constant innovation despite limited resources compared to corporate counterparts.

When you donate to or sponsor NWS, you’re investing in the arts in your local community - supporting the local economy, improving STEAM education, and adding cultural enrichment.

Item No.7X

ENVISIONING

THE FUTURE OF MUSIC

IN VENTURA COUNTY

PROOF OF CONCEPT
LIVE
New West Symphony presented “Titanic Live” with the full orchestra at a university stadium for 2,500 audience members in 2019. The festival included live screening of the movie, pre-show activities featuring student performers, food trucks, beer gardens, coffee lounge and VIP reception and service.

New West Symphony has set out to create a Hollywood Bowl style experience in Ventura County with its inaugural SummerFest, a musical weekend that will reflect a diverse range of high caliber entertainment that reflects the beauty and diversity of our community. “In the spirit of a community festival, SummerFest will feature local vendors, businesses, student groups, community organizations as well as global brands and partnerships, to shine a light on the region. Under Maestro Christie’s direction, NWS has focused on amplifying more of Los Angeles and Ventura Counties local cultural fabric through presenting and teaching music, in traditional and new spaces. Recently, Moorpark College announced its vision to create an exciting one of a kind 4,000 seating outdoor amphitheater to serve Ventura County residents. This aligns with NWS’s future dreams, and so the two organizations are in talks to leverage the orchestra’s decades of production experience and long-time patron base, in order to help build audience for the amphitheater; cross-fundraise and contribute towards the capital campaign; and ultimately become the resident orchestra for summer music festivals.

CULTURAL TOURISTS
SPEND 2X MORE
Research shows that cultural tourists
spend nearly twice as much while
traveling tourists do - an average
of around $1,000 versus $600 per
trip - providing important additional
economic impacts to destination
communities.
80% OF PEOPLE

EXPLORE NEW PLACES

FOR THE ARTS
Arts participation crosses barriers
of social class and ethnicity. A study
showed that 80% of participants
traveled to another neighborhood
to take part in arts activities.
68% OF TOURISM
IN U.S. DRIVEN BY ART
The arts drive over two thirds of all
of the tourism in the United States
CREATIVITY...

A TOP 3 DESIRED SKILL
Employers say they are seeking,
as their top three desired skills,
complex problem-solving, critical
thinking, and creativity. The arts
drive all three when integrated
into education.

Source: americansforthearts/ FACT SHEETS
FACTS
Item No.7X
SummerFest is currently scheduled for
JUNE 24-25, 2023, AT MOORPARK COLLEGE
and envisions the following:
★ Latin Artists, featuring top talent or
mariachi bands and NWS musicians
★ Headliners from country, rock or mainstream artists.; and/or ★ Movie Night with the NWS Orchestra
Community engagement activities such as:
★ Youth engagement from area schools and Moorpark College ★ Laby Harmony Project of New West Symphony performance ★ Popular food trucks and food booths from local restaurants ★ A beer garden featuring local breweries and other beverage distributors sPonsorshipLEVELS & BENEFITS
In order to achieve this vision, NWS seeks community sponsors who understand and believe in the value the arts have in the community.

The attached SummerFest Sponsorship Matrix was designed to help cover hard costs while providing benefits, perks and access to our valued sponsors and partners. Higher level gifts are customizable and we’d be happy to discuss possibilities with your team.

As a SummerFest sponsor, your company would gain visibility with NWS’s 40,000 household direct mail distribution list and 2,500 regular season patron base coming from the Los Angeles and Ventura County regions while helping to keep music alive in our local community.

NWS’s demographic tends to be college educated, age 44+, with an average income of about $75,000.
• Moorpark, CA Median Household Income: $119,597 and Median Age 39.7 (Source: Data USA) • Ventura County, CA: 846k population Household Income: $89,295 and Median Age 37.9 (Source: Data USA)
• Ventura, CA (Census 2022) Race: Hispanic or Latino: 44.1% Why support NWS versus the plethora of other concerts and performances around greater LA? When you support NWS, you are fueling the arts in our region, for example NWS funds a 100% tuition free music education program that is over 5,000 students strong for underserved K to 12 kids in the City of Ventura. Further, when you support the arts there is an economic multiplier effect on the community - ticket holders tend to spend $7 in the community for every $1 spent on tickets.

SUMMARY
As you can see, an investment in the arts increases the quality of life for everyone and provides excellent cause marketing and brand exposure to sponsors - its win-win!
Thank you for your consideration!
Item No.7X
SPONSOR LEVELS Elite
$150K+
Platinum
100K+
Diamond
$75K+
Emerald
50K+
Ruby
$25K+
Gold
$15K+
Silver
$10K+
Bronze
$5K+
Pearl
$2.5K+ $1K

PRESENTING SPONSOR
Speaking Opp from Stage ★
Listed as Season Sponsor ★
On-Site Signage for 3 days ★ ★ ★
Main Stage ★ ★ ★ ★
Event Wrap ★ ★ ★ ★
VIP Reception Tent ★ ★ ★ ★ ★
Event Swag/Product Placement ★ ★ ★ ★ ★

SINGLE DAY SPONSOR
(3 available) ★ ★ ★

HEADLINER SPONSORSHIP
Artist Sponsor (3-5 available) ★
Music Director ★

SPACE SPONSORS
Wine & Beer Garden ★
Overall Food Court ★
Water Refill Station ★
Rest & Relaxation ★
Kids Zone ★
Rest & Recharge Devices ★
360 Photo booth ★
Activation Stations/Corporate Booth ★
Event info Booth ★
Individual Vendor Booth ★

SPECIAL ACCESS TICKETS
VIP Dinner Table for 10 ★ ★ ★ ★ ★ ★
VIP Dinner for 4 ★ ★
VIP Dinner for 2 ★
Meet N Greet w/Stars ★ ★ ★ ★ ★ ★ ★ ★ ★
Inaugural Souvenir ★ ★ ★ ★ ★ ★ ★ ★ ★
Website ★ ★ ★ ★ ★ ★ ★ ★ ★
Social Media ★ ★ ★ ★ ★ ★ ★ ★ ★
Summerfest Email Blasts ★ ★ ★ ★ ★ ★ ★ ★ ★
Print Ad in Program ★
Full-page
★
Full-page
★
Full-page
★
Full-page
★
Full-page
★
1/2 Page
★
1/2 Page
★
1/4 Page
★
List

FESTIVAL TICKET PACKAGE
Ticket Package ★ ★ ★ ★ ★ ★ ★ ★ ★
VIP Experience ★ ★ ★ ★ ★ ★ ★ ★ ★
Complimentary Parking ★ ★ ★ ★ ★ ★ ★ ★ ★
# of VIP tickets 25 20 15 12 10 8 6 4 2

SPONSORSHIP MATRIX
Item No.7X
2023 SPONSORSHIP AGREEMENT
COMPANY: __________________________________________________________________________________________ CONTACT NAME: ____________________________________________________________________________________ ADDRESS: ___________________________________________________________________________________________ CITY:______________________________________ STATE: ____________ ZIP: _________________________________ PHONE: _____________________________________ EXT: ___________ FAX: _________________________________ EMAIL: ______________________________________________________________________________________________ COMPANY WEB ADDRESS: ___________________________________________________________________________ ¨ YES, our company/family will participate in the New West SummerFest on SUNDAY, JUNE 24 & 25, 2023 at MOORPARK COLLEGE.

PAYMENT TYPE
¨ Enclosed is a CHECK for $ ______________________________ ¨ Please charge my CREDIT CARD
Card#: __________________________________________________________ Expiration Date: _________________ Signature:_______________________________________________________ Date: ___________________________ Thank you for your SUPPORT!
For tax purposes, our Federal Non-profit 501(c)3 Identification Number is 77-0406042.

Email completed form to [email protected] | 805-435-2775 | cell: 805-444-7781

SPONSORSHIP LEVELS
¨ ELITE $150,000+
¨ PLATINUM $100,000+
¨ DIAMOND $75,000+
¨ EMERALD $50,000+
¨ RUBY $25,000+
¨ GOLD $15,000+
¨ SILVER $10,000+
¨ BRONZE $5,000+
¨ PEARL $2,500+
¨ VENDOR $1,000+
NEW WEST SYMPHONY | 2100 Thousand Oaks Blvd, Suite D, Thousand Oaks, CA 91362 Sponsor Signature: __________________________________________________ Date: ___________________________ Item No.7X

CONTACT US
Patricia A. Jones, MBA | Director of Special Projects | New West Symphony m. 805.444.7781 | [email protected]
newwestsymphony.org
newwestsymphony.org/summerfest
@NewWestSymphony
@NewWestSymphony /newwest1995
@NewWestSymphony
CAD:900-50\js\h:\thjserret\H:Common\Staff Reports\2023 City Council\062023 nws sponsorship attach 2.pdf Item No.7X
TO: Andrew P. Powers, City Manager
FROM: Tim Giles, Human Resources Director
DATE: June 20, 2023
SUBJECT: Memoranda of Understanding with Represented Bargaining Units and Salary Schedules and Hourly Employees Salary
Schedule
RECOMMENDATION:

1. Adopt resolution adopting Memorandum of Understanding (MOU) with Thousand Oaks City Employee Association (TOCEA) and rescinding Resolution No. 2021-026.

2. Adopt resolution establishing new salary schedule for General Employees (TOCEA) and General Hourly Employees and rescinding Resolution No. 2022- 033.

3. Adopt resolution adopting MOU with Thousand Oaks Management Association (TOMA) and rescinding Resolution No. 2021-028.

4. Adopt resolution establishing new salary schedule for Professional Employees (TOMA) and Professional Hourly Employees, and rescinding Resolution No. 2022- 034.

5. Adopt resolution adopting MOU with Senior Management Association (SMA) and rescinding Resolution No. 2021-030.

6. Adopt resolution establishing new salary schedule for Senior Management, Confidential, and Supervisory Employees (SMA) and SMA Hourly Employees, and rescinding Resolution No. 2022-035.

7. Adopt resolution establishing new salary schedule for Hourly Employees and rescinding Resolution No. 2022-036.

8. Find that this action is not a project as defined in the California Environmental Quality Act.

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FINANCIAL IMPACT:

No Additional Funding Requested. The annual estimated total compensation proposed adjustments for TOCEA, TOMA, and SMA is 5.74 percent in FY 2023- 24 and 3.94 percent in FY 2024-25. Adequate funding of $2,914,549 in FY 2023- 24 and $2,115,667 in FY 2024-25 is included in the Adopted FYs 2023-2025 Operating Budget (all funds) to cover the proposed cost adjustments.

BACKGROUND:

The majority of full-time and Designated Part-Time (DPT) City employees are represented by one of three bargaining units. Current collective bargaining agreements between the City and TOCEA, TOMA, and SMA will expire on June 30, 2023. Beginning in March 2023, City management and bargaining unit representatives met in good faith to discuss wages, hours, and other terms and conditions of employment. Following meetings that spanned several months, negotiations concluded in June 2023. Two-year agreements for the period of July 1, 2023, through June 30, 2025, were approved by TOMA and SMA negotiating teams and ratified by their membership within authority delegated by City Council. The City’s final proposal for a successor MOU was ratified by TOCEA membership within authority delegated by City Council. This report includes the terms of the agreement.

The MOUs between the City and TOCEA (Attachment #1), TOMA (Attachment #3), and SMA (Attachment #5) are within the authority provided by the City Council and are presented herein for adoption.

DISCUSSION/ANALYSIS:

Total compensation adjustments based on market conditions are included in the new two-year agreements. Detailed summaries of the proposed changes are presented below. Multiple proposed resolutions are attached which approve the MOUs, establish salary schedules for FYs 2023-2025, and implement various MOU provisions (Attachment #1-6). Summaries of the proposed adjustments to TOCEA, TOMA, and SMA MOUs are presented below.

General Employees – TOCEA
The proposed TOCEA MOU contains the following revisions:

1. Term: July 1, 2023 – June 30, 2025.

2. Salary: 6.0 percent salary adjustment effective July 8, 2023, and an additional

4.0 percent salary adjustment effective July 6, 2024.

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3. One-time payment: Effective July 8, 2023, employees shall receive a one-time, non-PERSable $600 payment. Only employees who are active (employed by the City) as of July 1, 2023, are eligible for this payment.

4. Cafeteria Plan Adjustment: Cafeteria Plan contribution will be adjusted by $175, from $980 to $1,155 per month effective January 1, 2024. Cafeteria Plan contribution will be adjusted by $175, from $1,155 to $1,330 per month effective January 1, 2025. Total City contributions toward health insurance include the Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution of $435 per month. Effective January 1, 2024, total City contributions toward health and welfare benefits is $1,590 per month, and effective January 1, 2025, will be $1,765 per month.

5. Classification Range Adjustments: Salary range adjustments to address internal equity to eight (8) classifications (Senior Administrative Secretary, Environmental Compliance Inspector II, Senior Environmental Compliance Inspector, Senior Instrumentation & Electrical Technician, Senior Recording Secretary, Senior Records Management Specialist, Utilities Equipment Operator, Utilities Maintenance Crew Leader) ranging from 0.5 to 6.7 percent.

6. Classifications: Retitle of Administrative Secretary and Senior Administrative Secretary to Administrative Specialist and Senior Administrative Specialist. This change is limited to position title and does not impact position duties, responsibilities, or the number of City authorized positions.

7. Deferred Compensation: Adjustment of City contribution to 401(a) plan from $120 per month to $150 per month.

8. Retiree Health Savings Plan (RHS): Adjustment of City contribution to RHS from $400 annually to $500 annually.

9. Bilingual Pay: Adjustment from $25.00 biweekly to $40.00 biweekly.

10. Safety Shoe Allowance: Adjustment to annual allowance from $200 to $225.

11. Certification Pay: Adjustment to annual differential from $750 to $1,000.

12. On-Call Pay: Adjustment to on-call pay by $30 for non-regular workdays from $70 to $100 for acting supervisory duties and by $30 from $50 to $80 for general employees responding to emergencies.

13. Holidays: Addition of a Floating Holiday at 10 hours for a total of 120 holiday hours per calendar year.

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14. Dental Plan Insurance: Effective January 1, 2024, adjustment in the annual coverage limit from $2,000 to $2,500.

15. Sick Leave Cash-Out: Adjustment to accumulated sick leave balance from 200 hours to 160 hours to be eligible for cash-out.

16. Employee Rideshare Administrative Policy APP No 16.009: Updating employee cost-sharing rates to reflect the current fuel and maintenance costs of the program and will be reviewed and updated biennially.

17. Safety Award Administrative Policy APP No 16.027: Program modified with a phase-out of eligibility. Employees hired July 1, 2023, or later will not be eligible for the program.

18. Language Modifications/Clean Up:
a. Language clarification and cleanup for inclusive verbiage, non-discrimination, demotion, miscellaneous account, seniority, transfer, order of layoff, eligibility for increases within the range, exceptional salary increases, salary and reinstatement on or after voluntary demotion, out-of-class assignments, on call, call out, bilingual pay, family sick leave, physician’s certificate, bereavement, safety shoes, deferred compensation, and employee status.
b. Article 29 Maternity Leave renamed to Pregnancy Leave.

Professional Employees – TOMA
The proposed TOMA MOU contains the following revisions:

1. Term: July 1, 2023 – June 30, 2025.

2. Salary & Pay for Performance: Effective July 8, 2023, employees with a performance rating of at least “good work” (2.0 or higher) will receive a 2.0 percent salary adjustment in addition to and concurrent with any adjustment based on the performance merit guide. Employees newly integrated into the pay for performance program will receive a prorated pay for performance adjustment. No adjustments will result in employee salaries exceeding the 120 percent comparatio.

Effective July 6, 2024, employees with a performance rating of at least “good work” (2.0 or higher) will receive a 1.0 percent salary adjustment in addition to and concurrent with any adjustment based on the performance merit guide. Employees newly integrated into the pay for performance program will receive a prorated pay for performance adjustment. No adjustments will result in employee salaries exceeding the 120 percent comparatio.

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3. One-time payment: Effective July 8, 2023, employees shall receive a one-time, non-PERSable $500 payment. Only employees who are active (employed by the City) as of July 1, 2023, are eligible for this payment.

5. Classification Range Adjustments: Effective July 8, 2023, there will be a 5.0 percent range adjustment for all classifications at the 100 percent comparatio midpoint. Effective July 6, 2024, there will be a 5.0 percent range adjustment for all classifications at the 100 percent comparatio midpoint.

6. Classifications: Addition of Community Services Analyst and Utilities SCADA Analyst position titles. Community Services Analyst is a title change of an existing Associate Analyst position and does not result in a change in the number of City authorized positions. Utilities SCADA Analyst is a new position added in the City’s Adopted FY 2024-25 Operating Budget.

7. Dental Plan Insurance: Effective January 1, 2024, adjustment in the annual coverage limit from $2,000 to $2,500.

8. Holidays: Addition of a Floating Holiday at 10 hours for a total of 120 holiday hours per calendar year.

9. Prior Sick Time Accruals: Adjustment to a provision in the use of prior accumulated sick time. Change from the use of 40 consecutive hours of annual leave to 40 hours of annual leave in the calendar year.

10. Bilingual Pay: Adjustment from $25 biweekly to $40 biweekly.

11. Exceptional Performance Award: Revised exceptional performance award to a fixed amount of $1,000 after taxes from a lump sum payment equivalent up to 2 percent of annual base rate.

12. Public Transit Incentive: A one-year pilot program effective July 1, 2023, to provide a $50 per month reimbursement to employees who use public transit to commute to and from work. The program is limited to five (5) employees on a firstcome, first-served basis and will be reviewed in May 2024 for a potential Item No.7Y
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extension.

13. Employee Rideshare Administrative Policy APP No 16.009: Employee costsharing rates were updated to reflect current fuel and maintenance costs of the program and will be reviewed and updated biennially.

14. Language Modifications/Clean Up:
a. Language clarification and cleanup for inclusive verbiage, non-discrimination, demotion, employee, seniority, transfer, salary, and reinstatement on or after voluntary demotion, salary policy and procedure, salary distribution, performance merit guide, out-of-class assignment, work schedules, physician’s certificate, bereavement, safety shoes, and exceptional performance award. b. Article 24 Cell Phone Stipend moved to Administrative Policy No. 14-4.006. c. Article 29 Maternity Leave renamed to Pregnancy Leave.

Senior Management, Confidential, and Supervisory Employees – SMA The proposed SMA MOU contains the following revisions:

1. Term: July 1, 2023 – June 30, 2025.

3. One-time payment: Effective July 8, 2023, employees shall receive a one-time, non-PERSable $300 payment. Only employees who are active (employed by the City) as of July 1, 2023, are eligible for this payment.

4. Cafeteria Plan Adjustment: Cafeteria Plan contribution will be adjusted by $175, from $980 to $1,155 per month effective January 1, 2024. Cafeteria Plan contribution will be adjusted by $175, from $1,155 to $1,330 per month effective January 1, 2025. Total City contributions toward health insurance include the Item No.7Y
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Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution of $435 per month. Effective January 1, 2024, total City contributions toward health and welfare benefits is $1,590 per month, and effective January 1, 2025, will be $1,765 per month.

6. Classifications: Addition of Guest Services Manager position title and a retitle of Disaster Services Program Coordinator to Emergency Programs Administrator. These changes do not result in a total change in the number of City authorized positions.

7. Dental Plan Insurance: Effective January 1, 2024, adjustment in the annual coverage limit from $2,000 to $2,500.

8. Holidays: Addition of a Floating Holiday at 10 hours for a total of 120 holiday hours per calendar year.

9. Employee Rideshare Administrative Policy APP No 16.009: Employee costsharing rates were updated to reflect the current fuel and maintenance costs of the program and will be reviewed and updated biennially.

10. Exceptional Performance Award: Revised exceptional performance award to a fixed amount of $1,000 after taxes from a lump sum payment equivalent up to 2 percent of the annual base rate.

11. Language Modifications/Clean-Up:
a. Language clarification and cleanup for inclusive verbiage, non-discrimination, classifications covered, demotion, employee, seniority, transfer, the order of layoff, eligibility for increases within the range, salary on appointment to an equivalent classification, salary and reinstatement on or after voluntary demotion, range adjustment during term, performance merit guide, one-time payment, out-of-class assignment, work schedules, family illness-related usage, physician’s certificate, filing an industrial accident report, bereavement, safety shoes, health and cafeteria plan, and exceptional performance award.
b. Article 24 Cell Phone Stipend moved to Administrative Policy No. 14-4.006. c. Article 29 Maternity Leave renamed to Pregnancy Leave.

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COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

K. Prepare for transition of City workforce by ensuring that sufficient succession planning takes place to develop an employment base which is reflective of the community’s demographics.

PREPARED BY: Cara Noddings, Assistant HR Analyst
Attachments:

Attachment #1 – Resolution adopting MOU with TOCEA
Attachment #2 – Resolution establishing New Salary Schedule for TOCEA Attachment #3 – Resolution adopting MOU with TOMA
Attachment #4 – Resolution establishing New Salary Schedule for TOMA Attachment #5 – Resolution adopting MOU with SMA
Attachment #6 – Resolution establishing New Salary Schedule for SMA Attachment #7 – Resolution establishing New Salary Schedule for Hourly Employees
HRD:700-20 H:\COMMON\StaffReports\2023\062023 Labor Contracts Staff Report.docx Item No.7Y
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS ADOPTING MEMORANDUM OF

UNDERSTANDING WITH THOUSAND OAKS CITY EMPLOYEE
ASSOCIATION (TOCEA) AND RESCINDING RESOLUTION NO.
2021-026
WHEREAS, the negotiations between the representatives of the City of Thousand Oaks (City) and the Thousand Oaks City Employee Association (TOCEA) have resulted in a Memorandum of Understanding (MOU); and WHEREAS, the City Manager has submitted for consideration of the City Council the attached comprehensive contract (Exhibit A), which supersedes all prior Memoranda of Understanding, Letters of Agreement or contrary provisions of the Salary Resolution, if any, and City Code Sections, if any; and WHEREAS, the City Council has evaluated and considered said Memorandum of Understanding (MOU) and recommendation; and NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:

Section 1. This Resolution shall rescind and supersede Resolution No. 2021-026.

Section 2. Adopts the MOU with TOCEA.

Section 3. That the City Manager is hereby authorized and directed to carry out all of the provisions as described in the attached comprehensive contract applicable to all general employees effective July 1, 2023.

ATTACHMENT #1
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Section 4. Be it further resolved that the provisions of this Resolution shall become operative and in full force from and after July 1, 2023.

PASSED AND ADOPTED this 20th day of June 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin P. McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
____________________________________________
Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM:

Office of the City Attorney
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

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AGREEMENT BETWEEN

THE CITY OF THOUSAND OAKS AND

THE THOUSAND OAKS CITY EMPLOYEE ASSOCIATION
Table of Contents
ARTICLE 1 – RECOGNITION ........................................................................................ 3 ARTICLE 2 – PURPOSE ................................................................................................ 3 ARTICLE 3 – TERM........................................................................................................ 3 ARTICLE 4 – RENEGOTIATIONS.................................................................................. 3 ARTICLE 5 – INTEGRATION ......................................................................................... 3 ARTICLE 6 – SEVERABILITY........................................................................................ 4 ARTICLE 7 – NON-DISCRIMINATION........................................................................... 4 ARTICLE 8 – CLASSIFICATIONS COVERED............................................................... 5 ARTICLE 9 – PURPOSELY LEFT BLANK .................................................................... 7 ARTICLE 10 – DEFINITIONS......................................................................................... 7 ARTICLE 11 – CODE OF ETHICS ............................................................................... 11 ARTICLE 12 – RECRUITMENT, SELECTION & CLASSIFICATION........................... 11 ARTICLE 13 – REINSTATEMENT POLICY................................................................. 11 ARTICLE 14 – TRANSFER .......................................................................................... 12 ARTICLE 15 – LAYOFF AND REEMPLOYMENT........................................................ 12 ARTICLE 16 – SALARY............................................................................................... 16 ARTICLE 17 – OUT-OF-CLASS ASSIGNMENT.......................................................... 20 ARTICLE 18 – OVERTIME........................................................................................... 21 ARTICLE 19 – ON-CALL.............................................................................................. 23 ARTICLE 20 – CALL-OUT ........................................................................................... 23 ARTICLE 21 – PURPOSELY LEFT BLANK ................................................................ 25 ARTICLE 22 – NIGHT DIFFERENTIAL........................................................................ 25 ARTICLE 23 – BILINGUAL PAY.................................................................................. 26 ARTICLE 24 – LICENSES AND CERTIFICATIONS .................................................... 26 ARTICLE 25 – WORK SCHEDULES ........................................................................... 26 ARTICLE 26 – HOLIDAYS ........................................................................................... 28 ARTICLE 27 – VACATION........................................................................................... 30 ARTICLE 28 – SICK LEAVE ........................................................................................ 32 ARTICLE 29 – PREGNANCY LEAVE........................................................................ 344 ARTICLE 30 – FAMILY LEAVE AND MEDICAL LEAVE............................................. 35 ARTICLE 31 – INDUSTRIAL ACCIDENT LEAVE........................................................ 35 ARTICLE 32 – BEREAVEMENT LEAVE ..................................................................... 36 ARTICLE 33 – MILITARY DUTY LEAVE ..................................................................... 36 ARTICLE 34 – CATASTROPHIC LEAVE POLICY ...................................................... 37 ARTICLE 35 – JURY AND WITNESS DUTY POLICY ................................................. 37 ARTICLE 36 – PERSONAL COURT APPEARANCE .................................................. 37 ARTICLE 37 – LEAVE OF ABSENCE POLICY........................................................... 37 ARTICLE 38 – CIVIL DEFENSE LEAVE...................................................................... 39 ARTICLE 39 – SAFETY SHOES.................................................................................. 39 ARTICLE 40 – UNIFORMS........................................................................................... 40

EXHIBIT A
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ARTICLE 41 – HEALTH AND CAFETERIA PLAN ...................................................... 40 ARTICLE 42 – RETIREMENT ...................................................................................... 43 ARTICLE 43 – COMPUTER LOAN PROGRAM........................................................... 44 ARTICLE 44 – DEFERRED COMPENSATION............................................................ 44 ARTICLE 45 – TUITION REIMBURSEMENT POLICY................................................. 44 ARTICLE 46 – EXCEPTIONAL SERVICE AWARD..................................................... 44 ARTICLE 47 – DPT BENEFITS.................................................................................... 46 ARTICLE 48 – EMPLOYEE RIDESHARE.................................................................... 48 ARTICLE 49 – EMPLOYEE STATUS........................................................................... 48 ARTICLE 50 – DISCIPLINARY ACTIONS ................................................................... 49 ARTICLE 51 – DRIVER’S LICENSE ............................................................................ 54 ARTICLE 52 – GRIEVANCE PROCEDURE................................................................. 55 ARTICLE 53 – DISCRIMINATION AND HARASSMENT POLICY............................... 57 ARTICLE 54 – HEALTH & SAFETY............................................................................. 57 ARTICLE 55 – SUBSTANCE ABUSE POLICY............................................................ 57 ARTICLE 56 – E-MAIL POLICY................................................................................... 57 ARTICLE 57 – SAFETY AWARD PROGRAM ............................................................. 58 ARTICLE 58 – MANAGEMENT RIGHTS ..................................................................... 58 ARTICLE 59 – UNION RIGHTS.................................................................................... 58 ARTICLE 60 – SIGNATURE PAGE.............................................................................. 61 Item No.7Y
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ARTICLE 1 - RECOGNITION
101 As provided by the City of Thousand Oaks (hereinafter “City”) EmployerEmployee Relations Resolution (hereinafter EERR), the Thousand Oaks City Employee Association (hereinafter TOCEA) was certified as the exclusive representative for employees in the General Unit.
102 The Parties further understand that TOCEA has engaged City Employees Association (hereinafter “Union”), to provide representational services for the employees in that Unit.

ARTICLE 2 - PURPOSE
201 It is the purpose of this comprehensive Agreement, commonly referred to as a Memorandum of Understanding (MOU), to promote and provide for harmonious relations, cooperation and understanding between the Employer and Employees covered herein, to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise under the Agreement and to set forth the full and entire understanding of the parties reached as a result of meeting and conferring in good faith concerning wages, hours, terms and conditions of employment of the employees covered herein.
202 It is agreed that this Agreement shall be binding on the CITY and TOCEA upon implementation by the City Council.
203 Upon implementation, the Agreement shall supersede any conflicting rule, regulation or ordinance of the City.

ARTICLE 3 - TERM
301 The term of this Agreement shall be two (2) years, commencing on July 1, 2023, and ending on June 30, 2025. The specific provisions of the Agreement shall be effective as specified herein.

ARTICLE 4 - RENEGOTIATIONS
401 The Parties shall meet during March 2025, to begin negotiations on a successor Agreement.

ARTICLE 5 - INTEGRATION
501 This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code Section 3505.1 and supersedes previous Agreements and Personnel Rules & Regulations. 502 This Agreement is subject to the approval of TOCEA members and approval and implementation by the City Council of the City pursuant to said Section 3505.1.

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503 During the Meet and Confer process that resulted in this Agreement, each party hereto had an unlimited right to make proposals with respect to any subject matter within the scope of the Union’s representation of TOCEA. 504 All terms and conditions of employment included in this Agreement shall remain in full force and effect for the term of this Agreement as particularized herein unless the City and TOCEA mutually agree to amend this Agreement; however, neither party hereto shall be obliged to meet and confer during the term hereof except as provided herein.
505 Sections in this memo not addressed by either party shall remain in full force and effect when a successor Agreement is entered into.
506 The waiver of any breach, term or condition of this Agreement shall not bar future enforcement of all its terms and provisions. In the event of a violation of any part of this Agreement, failure to object to the violation shall not waive or bar future enforcement of all provisions.

ARTICLE 6 - SEVERABILITY
601 If any provisions of this Agreement are held to be contrary to law by court of competent jurisdiction, or by State or Federal legislation or initiative or referendum, such provisions will not be deemed valid and subsisting except to the extent permitted by law, provided, however, that all other provisions of the Agreement will continue in full force and effect; and the parties to the Agreement will immediately meet and confer upon appropriate substitute provision or provisions.

ARTICLE 7 - NON-DISCRIMINATION
701 In accordance with applicable law, the City and TOCEA shall not illegally discriminate against any employee or applicant for employment or Union membership on the basis of race, color, religion, marital status, national origin, sex, gender, gender identity, gender expression, sexual orientation, age, military and veteran status, genetic information, medical condition, reproductive health decision making, disability, and/or any other protected classification under applicable state and federal law.
702 TOCEA shall support the City’s Equal Employment Opportunity Policy to the extent that it complies with Federal and State rules, regulations and laws enacted to achieve equal employment opportunities.

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ARTICLE 8 - CLASSIFICATIONS COVERED
801 Employees covered by the terms of this Agreement shall be those employees in the classifications listed in Section 802 below. Any additional classifications developed during the term of this Agreement and included by the City shall be added to those classifications listed in Section 802. TOCEA shall be notified at least five (5) days before final adoption by the City Council when a classification in their unit is developed or eliminated.
802 Classifications for General Employee Unit.

Accounting Assistant I
Accounting Assistant II
Accounting Specialist
Accounting/Customer Service Representative
Administrative Clerk I
Administrative Clerk II
Administrative Specialist
Box Office Assistant
Building Maintenance Tech I
Building Maintenance Tech II
Code Compliance Officer I
Code Compliance Officer II
Combination Bldg Inspector I
Combination Bldg Inspector II
Community Development Tech I
Community Development Tech II
Construction Inspector I
Construction Inspector II
Crossing Guard Crew Leader
Custodial Crew Leader
Custodian
Customer Relations Assistant
Customer Service Representative
Engineering Aide
Engineering Technician I
Engineering Technician II
Environmental Compliance Inspector I
Environmental Compliance Inspector II
Executive Secretary
Field Service Representative
Fleet Technician Assistant
Fleet Technician Crew Leader
Fleet Technician I
Fleet Technician II
Fleet Technician Welder I
Fleet Technician Welder II
Heavy Equipment Operator
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Information Technology Technician I
Information Technology Technician II
Instrumentation & Electrical Technician
Laboratory Assistant
Laboratory Chemist
Landscape Maintenance Crew Leader
Landscape Maintenance Worker I
Landscape Maintenance Worker II
Legal Secretary
Library Aide
Library Assistant
Library Page
Mail Services Worker
Payroll Specialist
Plant and Equipment Mechanic
Printshop Technician
Purchasing and Inventory Worker
Purchasing Specialist I
Purchasing Specialist II
Recording Secretary
Records Management Specialist
Rental Specialist
Senior Accounting/Customer Service Representative
Senior Administrative Specialist
Senior Building Maintenance Technician
Senior Code Compliance Officer
Senior Combination Building Inspector
Senior Community Development Tech
Senior Construction Inspector
Senior Environmental Compliance Inspector
Senior Information Technology Technician
Senior Instrumentation & Electrical Technician
Senior Laboratory Chemist
Senior Library Assistant
Senior Printshop Technician
Senior Purchasing and Inventory Worker
Senior Purchasing Specialist
Senior Recording Secretary
Senior Records Management Specialist
Senior Stage Technician
Senior Theatre Worker
Senior Video Production Specialist
Senior WWTP Operator
Stage Technician
Street Maintenance Crew Leader
Street Maintenance Worker I
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Street Maintenance Worker II
Street Sweeper Operator
Transit Assistant
Utilities Equipment Operator
Utilities Maintenance Crew Leader
Utilities Maintenance Worker I
Utilities Maintenance Worker II
Video Production Specialist
Volunteer Specialist
Water Systems Operator
WWTP Operator I
WWTP Operator II
ARTICLE 9 - PURPOSELY LEFT BLANK
ARTICLE 10 - DEFINITIONS
1001 As used in these articles and any rules or policies adopted pursuant to these articles, the following terms shall be defined as follows unless otherwise indicated. 1002 Bereavement Leave shall mean a process whereby an employee shall be entitled to leave with pay whenever the death of an immediate family member as defined in Article 32, occurs.
1003 Business Day is a day when City Hall is open to the public. 1004 Catastrophe shall mean a severe illness or injury which is expected to incapacitate, or has incapacitated, a full-time or designated part-time employee for an extended period of time and which creates a financial hardship because the employee has exhausted all of their accumulated paid leave. 1005 Certification shall mean the process whereby the Human Resources Director establishes a list of candidates’ names who have successfully completed an examination process.
1006 Change of Status shall mean that employees who are transferred from permanent full-time to designated part-time or vice-versa, will retain their anniversary date for purposes of vacation, annual leave, and/or service award recognition.
1007 City shall mean the City of Thousand Oaks, a municipal corporation, and where appropriate herein, “City” refers to City Council, the governing body of said City, or any duly authorized management employee.

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1008 City Manager shall mean the administrative head of the government of the City appointed by and under the direction and control of the City Council. 1009 Classification shall mean positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title in the application with equity of common standards of selection, promotion, transfer, demotion, and salary.
1010 Classification Plan shall mean a grouping together of positions into classes, and classes into series.
1011 Classification Series shall mean a group of classifications of the same general character of work but differing as to level of difficulty and responsibility. 1012 Competitive Service shall mean all positions of employment in the service of the City, except those specifically excluded by the Thousand Oaks Municipal Code. 1013 Day shall mean a calendar day unless otherwise stated. 1014 Demotion shall mean the movement of an employee from one classification to another classification having a lower maximum rate of pay. This movement may be through a recruitment or selection process or through non-competitive means. 1015 Department Head shall mean an officer of the City designated by the City Manager as responsible for the operations of a City department or their designee. 1016 Designated Part-Time (DPT) shall mean a designated permanent part-time position as being one allocated in the budget and filled with an employee who is scheduled to work a minimum of 20 hours and a maximum of 30 hours a week on an ongoing basis. These positions are allocated as part of the budget process as approved by the City Manager’s Office and the City Council. 1017 Discrimination shall mean any act, practice or course of conduct which constitutes or results in inequality of treatment of any person or group of persons because of race, color, religion, marital status, national origin, sex, gender, gender identity, gender expression, sexual orientation, age, military and veteran status, genetic information, medical condition, reproductive health decision making, disability and/or any other protected classification as defined in applicable state and federal law.
1018 Dismissal shall mean separation from service for disciplinary reasons. 1019 Employment List shall mean a list of names of persons who may be considered for employment with the City under specified conditions.

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1020 Employment Standards shall mean the experience, educational, physical, medical, licensure, certification, training standards and other requirements and required skill, knowledge, and abilities for a classification as established by the Human Resources Director.
1021 Examination shall mean selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service. 1022 PURPOSELY LEFT BLANK.
1023 Full-Time Employee shall mean any probationary or permanent employee, hired into a budgeted position, who is scheduled to work a 40-hour week. 1024 General Employee shall be defined, under this Agreement, as those employees who hold positions in classifications which have been included in the Unit represented by TOCEA.
1025 Hourly Employee (To Replace Temporary Employee) shall mean a person employed on a day-to-day basis who is compensated on an hourly basis, receives no benefits and works less than 1,000 hours in a 12-month period. 1026 Layoff shall mean the separation of employees from the active work force due to the lack of work, funds, or the abolition of positions by the City Council. 1027 Limited Term Position shall mean a position allocated in the budget to meet short-term objectives and may be phased out upon completion of assigned work programs through a particular date. The incumbent will be laid off if the position is eliminated from the City’s budget regardless of any Agreement in force. 1028 Management Employee shall mean any management employee as designated by the Classification Plan. A management employee directs the work of supervisors and/or professionals of a specific Division including several functions or programs as designated by the City.
1029 Miscellaneous Account shall mean an account in which the safety award, employee’s floating holiday pay, employee time bank hours and DPT in lieu of holiday pay is credited.
1030 Permanent Employee shall mean an employee hired into a budgeted position for an indefinite period of time and who has successfully completed the probationary period.
1031 Personnel Action Form shall mean the document approved by the Human Resources Director which is used to make any appointment to, separation from, or any change in the employment status of an employee.

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1032 Position shall mean a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person. 1033 Probationary Employee shall mean an employee who is serving during their probationary period.
1034 Probationary Period shall mean a working test period during which employees are required to demonstrate their fitness for the positions to which they are appointed by the actual performance of the duties assigned to the positions. The probationary employee has no right to appeal disciplinary action and has no property interest in continuing employment.
1035 Promotion shall mean the movement of an employee from one classification to another having a higher maximum rate of pay.
1036 Provisional Appointment shall mean an appointment of a person who possesses the minimum qualifications established for a particular classification and who has been appointed to a position in that classification in the absence of available candidates.
1037 Provisional Employee shall mean an employee who has been granted a provisional appointment.
1038 Range Change shall mean the movement of a classification pay range from one range to another.
1039 Reassignment shall mean a change within a department of an employee from one position to another position in the same classification or in a comparable classification.
1040 Reclassification shall mean the reallocation of an individual position or group of positions or group of similar positions to a higher classification, a lower classification, or to another classification at the same level on the basis of substantial changes in such things as the nature, difficulty, and/or responsibility of duties performed in such positions.
1041 Reemployment shall mean the reappointment of an individual who has been laid off from City employment.
1042 Reinstatement shall mean the appointment of an individual who held a permanent position and voluntarily resigned from City employment. 1043 Review Date shall mean the date upon which an employee is due for an employment performance review.

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1044 Seniority shall mean continuous City service, including probationary periods successfully completed. Unpaid leaves of absence do not count for length of service, unless required by law.
1045 Supervisory Employee shall mean any supervisory employee as designated by the classification plan. In addition, a supervisory employee is defined as spending at least 50% of work time providing full supervision typically to three or more employees as designated by the City.
1046 Suspension shall mean the temporary separation from service of an employee, without pay, for disciplinary purposes.
1047 Termination shall mean voluntary or involuntary separation of service. 1048 Transfer shall mean a change between departments of an employee from one position to another position in the same classification or in a comparable classification. This may also be referred to as a Lateral Transfer. 1049 Y-Rate is a rate that is higher than the top step of a classification occupied by an employee and shall occur when an employee is moved to a different classification where the top step of the new salary classification is lower than the incumbent’s regular rate of pay, the incumbent’s rate of pay at the time the employee is moved.

ARTICLE 11 - CODE OF ETHICS
See applicable Administrative Policy No. 16.005.

ARTICLE 12 - RECRUITMENT, SELECTION & CLASSIFICATION
See applicable Administrative Policy No. 16.006.

ARTICLE 13 - REINSTATEMENT POLICY
1301 An employee who terminates employment in good standing may be reinstated to a vacant position in their former job classification within two (2) years of their termination date without requalifying for employment by competitive processes. 1302 An employee reinstated within ninety (90) days of termination date shall be considered to have continuous service and shall be credited with the amount of accumulated sick leave at the time of termination, be placed in their former salary step and vacation accrual rate and shall retain their review date for purposes of merit pay increases. If a review date has occurred during the period of absence, the new review date shall be effective the date of the reinstatement. 1303 An employee reinstated after ninety (90) days of their termination date shall be considered to have a break in continuous service for purposes of salary step status and for all other employee benefits.

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ARTICLE 14 - TRANSFER
1401 A transfer from one department to another shall require the approval of the Department Head from which and to which the employee is transferring. 1402 Such a transfer shall be initiated by request of the Department Head or the employee, and such requests shall be effectuated if authorized by the Human Resources Director.
1403 A transferred employee, as defined in Section 1048 above which include Transfers pursuant to Section 1401 above, shall retain their rate of pay and review date for purposes of merit pay increases.

ARTICLE 15 - LAYOFF AND REEMPLOYMENT
1501 Layoff and Reemployment Purpose: This article provides a means to determine which employees are to be demoted or laid off when a reduction in force occurs. 1502 Definition - Layoff:

A. A layoff means a separation resulting from lack of work, lack of funds, abolishment of a position, or elimination or reduction in service level as considered necessary by the City.

B. A layoff is not disciplinary action.

C. A layoff may affect one or more departments and/or classifications as the needs of the City dictate.

D. Except as provided herein, the employee holding such a position or employment may be laid off or demoted without the right of appeal. 1503 Written Notice of Layoff: The Human Resources Director shall send written notice by registered mail to the last known address of each employee affected by a layoff at least fourteen (14) days prior to the effective date of the action or shall be personally delivered to the employee. The notice shall include the:

A. reason for layoff; and
B. effective date of the action; and
C. seniority of the employee; and
D. an explanation of how the seniority was determined or computed; and E. conditions governing retention on employment from reemployment lists; and
F. articles regarding the waiver of reemployment and voluntary withdrawal from the reemployment list.
1504 Employees who are laid off shall receive one (1) week of leave with pay for every year worked at the City; any employee laid off shall receive at least a minimum of four (4) weeks of leave with pay, and no more than a maximum of up to six (6) weeks.

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1505 Non-Discrimination in Reduction in Force: Layoffs and demotions which result from a reduction in force shall be made in a manner consistent with Article 7, NonDiscrimination. 1506 Order of Layoff: The order of layoff of employees shall be made on the basis of employees’ seniority.
1507 Seniority – Definition:

A. Seniority shall be defined as continuous City service, including probationary periods successfully completed. Leaves of absence do not constitute a break of service, but do not count for length of service. Breaks in service for employees who previously were reinstated in accordance with Article 13, Reinstatement Policy, will be considered for seniority as per that Article and Section.

B. Seniority for designated part-time employees will be defined as a combination of continuous City service as a full-time employee, if any, including probationary periods successfully completed, plus continuous City service as a designated part-time employee, including probationary periods successfully completed.

C. The continuous City service as a designated part-time employee will be prorated on the basis of hours actually paid. Designated part-time employees cannot bump full-time employees. Seniority will be used to determine the order of layoff or bumping rights for designated part-time employees. 1508 The order of layoff shall be as follows:

A. The names of all employees occupying positions in said class shall be listed in the order of their lengths of continuous service in said class or in higher classes in the same job series.

B. Employees will be laid off in the inverse order of their length of continuous service in their classification or in higher or equal class. Length of continuous service is determined based upon date of hire in the classification and higher classifications in the same job series.

C. When employees have equal length of continuous service in a classification or higher class in the same job series, the employee with the greater length of continuous service with the City shall have the highest retention priority. 1509 Exceptions to Layoff Seniority: Whenever the Human Resources Director believes that the best interest of the City requires the retention of employees with special qualifications, characteristics, skills and fitness for the work, the Human Resources Director may prepare a written request to the City Manager to grant Item No.7Y
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an exception to the order of layoff after meeting and conferring with representatives of the recognized employee associations. 1510 Checkout Upon Layoff, Separation or Termination: Any employee who is laid off, terminated or who separates from service for any reason shall turn in to their supervisor all City-owned equipment, including their City identification card and clear with their Department Head the disposition of any clothing, tools uniforms, pagers, phones, computers, or other working materials that have been provided to the employee by the City and shall complete all exit interviews and forms which may be required by the City Manager.
1511 Bumping: The order of bumping shall be determined in the same manner in which a layoff is determined under Sections 1506, 1507 and 1508. Employees designated to be laid off may bump in the following order:

A. First, to any vacant position in the same classification within their department for which they are qualified.

B. Second, into any positions of the same classification held by an employee with lesser seniority elsewhere in the department.

C. Third, if no such position exists within the Department, employees designated to be laid off may bump into any vacant position in the same classification within the City for which they are qualified.

D. Finally, if no such position(s) exists, the employee may bump into the next classification within the same department, provided that the employee has previously held permanent status in such classification with the City, or has held permanent status in the same classification series with the City as determined by the Human Resources Director, is qualified for the position and at least one of the incumbents in the bumped classification has less seniority than the employee exercising bumping privilege. 1512 An employee wishing to exercise their bumping right must submit a request in writing for such action to the Human Resources Director within five (5) working days of receipt of notice of layoff.
1513 Employees bumping to a lower or similar classification shall be placed at the salary step representing the least loss of pay.
1514 The employee laid off as a result of a laid off employee’s bumping to a lower classification shall receive a written notice of layoff not less than fourteen (14) days prior to the effective date of the layoff.
1515 Once an employee has been laid off or bumped the employee shall be considered as “meeting job standards” for purposes of additional bumping or layoff. 1516 Reemployment List:

A. The names of persons laid off or voluntarily demoted into a lower classification as a result of a layoff shall be entered on a reemployment Item No.7Y
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list for their formerly held, higher classification, in order of their length of continuous service.

B. Lists from different departments or at different times for the same classification of position shall be combined into a single list.

C. Such list shall be used by the Human Resources Director when a vacancy arises in the same or lower classification of position before certification is made from an eligible list.
1517 Reemployment:

A. An employee who has been laid-off or taken a voluntary demotion in lieu of layoff to a lower class may be reemployed to a vacant position in their former job class within two (2) years of the effective date of the voluntary demotion or layoff in the order of their length of service within their classification or a higher classification in the same job series, from the longest length of continuous service to the shortest length of continuous service.

B. An employee reinstated to their former job class from a voluntary demotion shall retain their rate of pay.

C. If the rate of pay is not included in the salary schedule of the former job class, the employee shall be placed in the salary step of that salary schedule which is closest to their rate of pay.

D. An employee shall retain the review date for purposes of merit pay increases; however, if placed in the base step of the salary schedule, they shall be eligible for a merit pay increase after completing the required amount of service.
1518 Notice of Recall:

A. Notice of Recall from layoff shall be by Return Receipt - Registered Mail and by the last known personal email address and shall specify the date for reporting to work which shall not be more than fourteen (14) working days from the date the notice is received.

B. Notice shall be deemed to have been received when sent to the last known address on file with the City and attempted delivery or delivery is certified by the Postal Service.

C. Upon receiving notice, the person on layoff shall have ten (10) days to accept or decline the recall opportunity.

D. Eligible persons not responding to written notification of an opening within ten (10) working days may have their names removed from the Reemployment list.
1519 Salary and Benefits on Reemployment: Reemployed employees will regain the same prior amount of service status and benefits as they had on the date of layoff. 1520 Resignation in Lieu of Layoff: An employee who elects to resign in lieu of layoff or voluntary demotion, or an employee who voluntarily wishes to resign in lieu of Item No.7Y
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other employees being laid off or demoted, shall be placed on a reemployment list for two (2) years if requested by the employee.

ARTICLE 16 - SALARY
1601 Salary increases during the term of the Agreement:

A. Effective July 8, 2023, there shall be a 6.0% salary adjustment. Effective July 6, 2024, there shall be a 4.0% salary adjustment.

B. One-Time Payment: Effective July 8, 2023, employees shall receive a one-time, non-PERSable $600 payment. Only employees that are active (employed by the City) as of July 1, 2023 are eligible for this payment.

1602 Policy: The City Council shall, by Resolution, establish a wage rate or salary schedule for each classification in the competitive service. The Human Resources Director is responsible for recommending such rates or schedules to the City Council. The wage rate or salary schedule for each class shall be such as to reflect fairly the similarities and differences in levels of duties and responsibilities and shall be related to compensation for comparable positions in private and public sector employment in the appropriate labor market.

Benchmark Survey: The City shall periodically collect total compensation market survey data and present such data to the bargaining unit. Such data shall be presented to the bargaining unit every five (5) years, several months prior to commencement of negotiations for a successor Memorandum of Understanding.

General Market Review Methodology:

A. Benchmark classifications within the Unit shall be surveyed by Human Resources or its agent no later than February in years when a General Market Review is conducted. Management shall give notice and the list of positions to be studied prior to the beginning of the Compensation Study and provide the Association fourteen (14) calendar days to submit up to three (3) classifications to be surveyed by the Human Resources Department or its agent.

B. The benchmark classes will be compared to classes with similar duties and function within the comparator agencies.

C. The survey shall ascertain the maximum salary; employer payment of the employee’s retirement contribution; and agency contribution to deferred compensation, retiree health savings plan, cafeteria plan, medical plan, dental plan, vision plan, agency normal cost to retirement plan, life insurance, long-term disability, and Medicare for each of the counterpart classifications (“total compensation”). The survey agencies shall include:

City of Burbank, City of Camarillo, City of Fullerton, City of Glendale, City of Irvine, City of Orange, City of Oxnard, City of Santa Clarita, City of Santa Monica, City of Simi Valley, City of Torrance, City of Ventura, County of Ventura, Las Virgenes Municipal Water District, and Ventura Regional Sanitation District. For positions exclusively in the Cultural Affairs Item No.7Y
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Department, survey agencies shall include: City of Cerritos, City of La Mirada, City of Long Beach Visitors and Convention Bureau, City of Palmdale.

D. Prior to calculation of the market rate, the agency with the lowest total compensation and the agency with the highest total compensation shall be removed. For the remaining agencies, the market rate shall be the arithmetic mean of the total compensation of the counterpart classifications as described in C above.

E. The tabulated data shall be provided to TOCEA and a meeting will be held between TOCEA and the City prior to any adjustment of the classification ranges.

F. The City may elect to conduct a more comprehensive total compensation market survey in lieu of a benchmark classification study. 1603 Salary on Employment: Newly hired employees shall be compensated at the base step of the salary range of the job classification for which they are hired.

When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for employment indicate that a higher hiring rate would be in the City’s best interest, the Human Resources Director may authorize hiring at a higher step in the salary range. The provisions of this section shall also apply to reinstated employees.
1604 Salary Ranges: General employees shall be assigned to a salary range consisting of seven (7) steps of approximately 5% increase in each step. The top step of the salary range will be based on the market rate, e.g., the average of the top step of comparable positions in comparable agencies. Salary ranges will also be set in consideration of internal pay relationships.
1605 Increases in Pay Within the Salary Range: Any step increase within a salary range is not automatic and shall be granted only for continued meritorious and efficient service by the employee in the effective performance of their duties. 1606 Eligibility for Increases Within the Range: An employee is eligible for consideration of a step increase consisting of approximately 5% as follows:

A. A new employee or an employee newly appointed or promoted through a competitive process to a new classification is eligible for a review and step increase after completion of six (6) months of service.

B. Succeeding step increases from the second step “2” to the third step “3”, from the third step “3” to the fourth step “4”, from the fourth step “4” to the fifth step “5”, from the fifth step “5” to the sixth step “6”, or from the sixth step “6” to the seventh step “7” may be granted upon completion of one (1) year of service in step “2” or “3” or “4” or “5” or “6”. 1607 Exceptional Salary Increases: Any increase greater than one (1) step or any increase granted more frequently than provided for in these articles must be approved in advance by the City Manager.

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1608 Effective Date of Increase: Step increases, if granted, will be effective on the date indicated on the Personnel Action form. A Personnel Action form will be processed in the payroll period of the employee’s review date unless the supervisor notifies Human Resources that the employee will be receiving a rating of less than “good work” (2.0).
1609 Step Increases Not Granted: When an employee is not granted a step increase, the employee may be considered for such advancement at a subsequent time interval as deemed appropriate by the Department Head. Since any step increase is not automatic, any withholding, denial or delay in granting such an increase does not constitute disciplinary action and is not subject to appeal by the employee.
1610 Salary on Downward Reclassification: An employee reclassified to a lower job classification for other than disciplinary reasons shall retain their rate of pay and the salary review date for purposes of step increases or shall be placed in the step of the lower salary schedule closest to their current rate of pay. If the top step of the salary schedule of the lower job class is lower than the incumbent’s rate of pay, the incumbent’s rate of pay shall be identified as the “Y” step of the lower salary schedule. An employee compensated at a “Y” step because of a downward reclassification shall remain in the “Y” step until such time as the top step rate of pay of their job classification exceeds the “Y” step or be assigned to a salary schedule in which the top step is equivalent to or higher than the “Y” step, at which time the employee shall be placed in the top step. 1611 Salary on Lateral Reclassification: An employee reclassified with their position to an equivalent job classification shall retain their rate of pay and their salary review date for purposes of merit pay increases.
1612 Salary on Promotion: An employee who is promoted to a higher job classification shall be placed in the step of the higher Salary Schedule that will provide a pay increase of not less than 5% except when the top step of the higher salary schedule provides a lesser pay increase.

The employee shall be given a new review date for purposes of merit pay increase. When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for promotion or reclassification indicate that a higher pay rate would be in the City’s best interest, the Human Resources Director may authorize appointment at a higher step in the Salary Schedule. 1613 Salary on Upward Reclassification: An employee who is reclassified to a higher job classification shall be placed in the step of the higher salary schedule that will provide a pay increase of not less than 5% except when the top of the higher salary schedule provides a lesser pay increase. The review date for purposes of merit pay increases will remain the same.

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1614 Salary Range Change: An employee who is reassigned to a higher salary range shall be placed in the nearest step of the higher Salary Schedule without experiencing any loss in pay. The employee’s review date for purposes of merit pay increases will remain the same.
1615 Priority of Increases: When more than one (1) personnel action involving changes in an employee’s salary step status becomes effective on the same day, all changes shall be in accordance with the provisions of the preceding sections of this article, and shall take place in the following order of precedence: 1) step increase or reduction in salary step; 2) adjustment to same salary step in newly authorized salary schedule; 3) promotion, demotion, or reclassification; 4) general wage adjustment.
1616 Leaves of Absence and Salary Increases: Any authorized leave of absence without pay for 30 days or more shall require an adjustment in the employee’s review date in an amount equivalent to those days in excess of 30 days. Leave without pay in excess of 30 consecutive days will not accrue toward seniority.

Step increase, review and anniversary dates will be adjusted accordingly. 1617 Salary on Involuntary Demotion: An employee who is involuntarily demoted shall be placed in the step of the lower salary range that will provide a reduction in pay of five (5) percent or to the top of the lower salary range, whichever is lower. The employee shall be given a new salary review date for purposes of step increases.

Except, however, employees demoted pursuant to a layoff who exercise their bumping rights shall be placed at the salary step representing the least loss of pay.
1618 Salary on Voluntary Demotion: An employee who takes a voluntary demotion to a lower job classification will retain their current rate of pay provided it is within the salary schedule of the new job classification. If the corresponding salary step is not included, the employee will be paid at the salary step of the salary schedule which is closest to (but does not exceed) their current rate of pay. 1619 Reinstatement and Salary after Voluntary Demotion: An employee who has taken a voluntary demotion to a lower job classification may be reinstated to a vacant position in their former job classification within two (2) years of the effective date of the voluntary demotion without requalifying by competitive processes. An employee reinstated to their former job class from a voluntary demotion shall retain their current rate of pay. If the rate of pay is not included in the salary schedule of their former job classification, the employee shall be placed in the salary step of that salary schedule which is closest to their current rate of pay.

The review date shall be retained for purposes of step increases; however, if placed in the base step of the salary schedule, the employee shall be eligible for a step increase after completing the required amount of service according to the Salary Resolution or their original anniversary date, whichever is sooner.

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ARTICLE 17 - OUT-OF-CLASS ASSIGNMENT
1701 When, in the determination of the Department Head and with the approval by the Human Resources Director or designee, an employee is specifically assigned in writing to perform all of the significant duties of a higher classification for eightyone (81) or more consecutive hours in cases of a temporary vacancy (e.g., due to vacation or sick leave), or after forty (40) hours in cases of a permanent vacancy (e.g., due to retirement), the employee so assigned shall be compensated at the minimum rate established for the higher class or 5% above the employee’s regular base rate of pay, whichever is greater, with pay effective upon the date of the change of assignment. Under no circumstances shall the employee receive an amount greater than the maximum step of the higher class.

For purposes of this Article, the out-of-class workweek shall begin on the day the employee begins the duties of the higher classification, as specified in the written assignment.

A. Theatre Lead Differential.

Upon approval of the Cultural Affairs Director, or designee, an employee may be assigned to serve as supervisor for a workday. When an employee working in the theatre is provided such assignment, they shall receive compensation equal to 5% above the employee’s regular base rate of pay. The additional lead differential compensation shall be effective on the first day of such assignment for positions in the theatre only.
1702 This policy shall apply in temporary situations due to:

A. The vacation, sick leave, or other temporary absence of the employee in the higher classification.

B. Or if the position to be filled is vacant and there is no valid eligibility list for the classification. In this case, if the Department Head has initiated procedures to fill the vacancy on a permanent basis, they may assign an employee to fill that position on a temporary basis. If an eligibility list exists for the vacant position, the Department Head may appoint an employee from the eligible list at the earliest possible date.
1703 No permanent positions shall be filled by out-of-class appointees for a period longer than sixty (60) days, except when due to special circumstances such as extended leaves of absence or in cases of emergencies as approved by the Human Resources Director. In no circumstance will the City appoint any employee to any out-of-class assignment/appointment for more than a total of 960 hours per fiscal year.
1704 Individuals hired specifically to temporarily fill a position vacancy due to illness, vacation, etc. are also excluded from working out-of-class. 1705 Individuals appointed to work out-of-class must meet minimum qualifications of the higher classification and must be capable of handling major duties of the Item No.7Y
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higher-level classification without any more supervision than another would in the same job.
1706 The mere performance of certain portions of the higher position or only performing the less difficult parts until the position is filled, does not constitute working outof-class. 1707 When an employee is assigned to work in a higher-level classification that entails moving the employee into a classification represented by an employee unit other than that which represents their regular classification, the employee shall not receive a change in their benefits. Similarly, an hourly employee temporarily filling a regular position shall receive no benefits, nor shall they be subject to CalPERS retirement system payments.
1708 While working in an out-of-class assignment, an employee shall continue to accrue, and have recorded, normal step increases in the employee’s regular position.
1709 At the time an employee returns to their regular position, their salary should reflect the same salary rate they had previously, with any merit or salary adjustments added as appropriate. At any time during the out-of-class appointment, an employee may be removed from that appointment without the right of appeal or hearing.
1710 The City shall not rotate employees in and out of higher position classification assignments in order to avoid paying out-of-class compensation.

ARTICLE 18 - OVERTIME
1801 Premium Pay Policy: It is the policy of the City to minimize the amount of overtime required of City employees. No general employee shall work overtime unless so authorized by their Department Head or representative.
1802 Overtime is defined as all hours worked in excess of an employee’s regularly scheduled workday or workweek.
1803 For purposes of determining eligibility for overtime, hours worked shall include paid time off for holidays, compensatory time off (CTO), vacation leave, sick leave, jury duty and bereavement leave.
1804 Overtime shall be earned and calculated to the nearest one-quarter hour. 1805 Full-time employees in the competitive service who are assigned to and perform overtime shall be compensated for overtime at the rate of one and one-half times their regular rate.

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1806 As an alternative to payment for overtime, an employee may, with the approval of the Department Head or designee, take CTO during the same seven-day work period that overtime is earned, or alternatively to bank the CTO. CTO shall be earned at the rate of one and one-half hours for each hour of overtime worked.

The maximum accumulation of CTO shall be 40 hours. Any employees with a CTO balance in excess of 40 hours shall be paid overtime in lieu of CTO, and no additional CTO may be accrued.
1807 Upon recommendation of the Department Head and approval of the City Manager, the overtime requirements of Section 1802 above may be waived due to emergencies or other extenuating circumstances requiring employees to work extended consecutive hours.
1808 The regular rate shall include bilingual pay, certification pay, night shift differential, on-call pay and any other payments required to be included by the Fair Labor Standards Act (“FLSA”). The regular rate shall not include any payment for safety shoes, payments for reimbursements incurred on the City’s behalf (i.e. temporary COVID-19 technology stipends) or the City’s or employees’ normal contributions to the Public Employees’ Retirement System (PERS).
1809 It is also recognized that it has been and will continue to be the practice of the City to allow employees a reasonable amount of paid time, as determined by a Department Head, for employees to change clothes or clean up at the end of a workday. Such clean up time does not constitute hours worked under the provisions of FLSA.
1810 Provision of Meals:

A. If an employee is required to remain at work for at least two (2) hours following the close of their regular work shift for the purpose of performing emergency overtime work, the City shall provide the employee with an adequate meal.

B. If an employee is called out to perform emergency overtime work, the City shall provide the employee with an adequate meal at four-hour intervals during the performance of such overtime work.

C. Mealtime shall be considered working time and shall be compensated for at the appropriate overtime rate.

D. The City shall not provide meals before, during, or after any overtime work which is scheduled in advance except as approved by the Department Head.

E. If a meal is not provided as required above, an eligible employee shall be compensated $14 for breakfast, $16 for lunch and $18 for dinner. 1811 Rest and Recovery Time: See 2004 and 2005 below.

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ARTICLE 19 - ON-CALL
1901 An on-call assignment (also referred to as stand-by) is a requirement that an employee be available to return to duty outside their regular work week or work schedule where return to work is not intended to be contiguous with the employee’s scheduled hours of work.
1902 During an on-call assignment an employee shall be available to return to work at any time and shall refrain from activities which might impair the ability to perform duties.
1903 Employees assigned on-call acting supervisory duties shall be compensated $60 per “regular” workday, and $100 per “non-regular” workday (holiday, weekend, regular day off). Assigned employees may be responsible to respond to emergencies from a remote location, via computer.
1904 Employees assigned on-call to respond to emergencies shall be compensated $40 per “regular” workday, and $80 per “non-regular” workday (holiday, weekend, regular day off). Assigned employees may be responsible to respond to emergencies from a remote location, via computer.
1905 PURPOSELY LEFT BLANK.
1906 Employees shall be entitled to receive overtime pay for all time performing work having responded to a call and/or returned to duty. Such overtime shall be earned and calculated to the nearest one-quarter hour of overtime worked. 1907 Employees’ on-call hours shall not constitute hours worked under the FLSA. 1908 The City shall assign on-call status for periods of seven (7) days, as specified by management.
1909 Any employee required to be on-call and subsequently reports for duty shall receive a minimum of two (2) hours of paid overtime.
1910 Employees shall be entitled to rest and recovery time for having responded to a call and/or returned to duty if rest and recovery requirements are met. See 2004 and 2005 below.

ARTICLE 20 - CALL-OUT
2001 An employee is called out if the employee is unexpectedly required to return to duty because of unanticipated work requirements if notice to return is given to the employee following termination of their normal work shift and departure from their regular work location.

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2002 When any employee is called-out for emergency work, the employee shall be paid at the rate of one and one-half times the employee’s regular rate for such emergency work.
2003 An employee who is not on-call and is called-out for emergency work shall be paid for a minimum of two (2) hours at one and one-half times their regular rate for such emergency work.
2004 An employee shall be eligible for rest and recovery if both of the following two conditions apply:

1. The employee is required to work beyond their regular shift or is called-out and actually works at least four (4) consecutive hours; and

2. The employee has had less than 8 hours of continuous rest between the completion of the emergency work and the beginning of their next regularly scheduled work shift.

An employee eligible for rest and recovery time shall not be required to report to work on their next regularly scheduled work shift for up to eight (8) hours after the completion of the emergency work and shall receive full pay for any regularly scheduled hours not worked up to (8) hours.

Employees on-call pursuant to Article 19 must continue to respond to emergency calls up until the start time of their next regularly scheduled work shift, at which point they may begin their rest and recovery, if eligible, in accordance with Section 2005. Rest and recovery time is paid at the employee’s base rate of pay (not overtime pay).

Examples:

A. If an employee is on-call pursuant to Article 19 and gets called out multiple times on their regularly scheduled days off and their last call-out is four (4) hours or more but ends eight (8) hours or more before their next regularly scheduled start time, they are not eligible for rest and recovery. However, if their last call-out is four (4) hours or more and ends less than eight (8) hours before their next regularly scheduled start time, they are eligible for rest and recovery. They must continue to receive and respond to stand-by calls until the beginning of their next regularly scheduled shift, and then apply rest and recovery in accordance with Section 2005.

B. If an employee is not on-call and gets called out, and/or works beyond the end of their regularly scheduled shift for a period of four (4) consecutive hours or more, and the time between the end of their emergency work and the beginning of their next regularly scheduled shift is less than eight (8) hours, that employee would be eligible for rest and recovery time. That employee would not be required to report to work until eight (8) hours have passed after completion of the emergency work and rest and recovery time would be applied in accordance with Section 2005.

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2005 At the employee’s option, and with the approval of the supervisor, employees may elect to:

A. 1) Apply rest and recovery time at the beginning of their next scheduled work shift and report to work for the remainder of that scheduled shift; or, 2) Apply rest and recovery time at the beginning of their next scheduled shift and use accruals such as vacation, sick leave or compensatory time for the remainder of their scheduled shift to achieve full compensation for that day.

For example, if an employee’s regular schedule is 6:30 a.m. to 5:00 p.m. and that employee is called out to work for at least four (4) consecutive hours, with emergency work ending at 2:00 a.m., that employee is not required to report back to work until 10:00 a.m. That employee may report back to work at 10:00 a.m. and complete the workday on regular time, or they may request authorization to use accruals between the hours of 10:00 a.m. and 5:00 p.m. (exclusive of lunch time) to account for the full workday.

In either scenario, the hours of 6:30 a.m. to 10:00 a.m. will be compensated as rest and recovery time.

B. Stay on the job and use the rest and recovery at the end of their shift to complete the remainder of their regular work shift. For example, if an employee’s regularly scheduled time off begins at 5:00 p.m. and the employee’s regular start time is 6:30 a.m., and the employee is called-out at 12:30 a.m., works at least four (4) consecutive hours prior to the beginning of their next regularly scheduled work shift, upon supervisory approval the employee may elect to work until 9:00 a.m. and then receive eight (8) paid hours of rest and recovery time ending at 5:00 p.m. 2006 An employee who has completed their workday or workweek and who is not on call but is required to perform work via the telephone or computer or electronic device from a non-City location shall be allowed to report the time spent on such a call as time worked. This time worked shall be paid as overtime, if and only if, the employee is otherwise eligible for overtime payments. Overtime shall be earned and calculated to the nearest one-quarter hour of overtime worked.

ARTICLE 21 - PURPOSELY LEFT BLANK
ARTICLE 22 - NIGHT DIFFERENTIAL
2201 A differential will be paid to employees according to the following provisions:

A. Employees who, on a regular basis, work the majority of an assigned day between the hours of 5:00 p.m. and 8:00 a.m. are eligible for a 5% differential payment for their full day.

B. The 5% differential is only paid on a regular assigned day actually worked and not payable on paid time off.

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Thousand Oaks City CouncilJune 20, 2023

Thousand Oaks City Council
June 20, 2023