Agenda packet — Public Works & Transportation Committee, February 8, 2022 (part 4 of 4)

INSURANCE EXHIBIT

Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of s ervices hereunder by Consultant, its agents, representatives, employees or subconsultants.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for gener al liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” or, if Consultant owns no autos, this requirement may be met through a Hired/Non-Owned Automobile Liability policy, Codes 8,9.

c. Professional liability/errors and omissions insuran ce appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be maintained for at le ast one year after Project completion or, is such coverage is canceled or non -renewed, such policy shall have at least a one year extended reporting period.

d. Workers’ compensation insurance in compliance with the laws of the State of California, and employ er’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to perfor mance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by t he Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No.

P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in cov erage or limits without 30 days’ prior written notice to the Risk Manager. A ten (10) day written notice to Risk Manager shall apply to non - payment of premium. Consultant shall provide thirty (30) days written notice to Risk Manager prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorse d to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no speci al limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The General Liability and Automobile Liability coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The General Liability and Automobile Liability insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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Agreement No. A-8421

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6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consulta nt shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

1/22
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s p ractice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-A.doc

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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB -CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

A GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS GARAGE LIABILITY

COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]

Via Fax: 678-259-1007

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIG ATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits w ith the City are covered

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to t he City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respe cts the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of th e named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTE REST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which suc h person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed:

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Agreement No. A-8421

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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER

LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of sui ts arising from t he operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as r espects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insu red’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company ’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1) .

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
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AGREEMENTS FOR ON-CALL

PROFESSIONAL ENGINEERING

SERVICES
Public Works and Transportation Committee
February 8, 2022
Tatiana Arnaout, P.E.

City Engineer
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RECOMMENDATION 2
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:

1. Agreement A-8432 with Huitt-Zollars, Inc. in the amount not to exceed $250,000 for a three year term;

2. Agreement A-8399 with Brown and Caldwell in the amount not to exceed $750,000 for a three year term;

3. Agreement A-8410 with Dudek in the amount not to exceed $1,000,000 for a three year term;

4. Agreement A-8415 with AECOM Technical Services, Inc. in the amount not to exceed $500,000 for a three year term;

5. Agreement A-8417 with Hamner, Jewell & Associates in the amount not to exceed $500,000 for a three year term;
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RECOMMENDATION
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:

6. Agreement A-8435 with Kier & Wright Civil Engineers and Surveyors, Inc. in the amount not to exceed $500,000 for a three year term;

7. Agreement A-8423 with Wallace Group in the amount not to exceed $500,000 for a three year term;

8. Agreement A-8416 with Pacific Coast Land Design, Inc. in the amount not to exceed $1,000,000 for a three year term;

9. Agreement A-8419 with KTU&A in the amount not to exceed $1,000,000 for a three year term;

10. Agreement A-8420 with Cumming Management Group, Inc. in the amount not to exceed $750,000 for a three year term; 3 333

RECOMMENDATION
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:

11. Agreement A-8424 with CSG Consultants, Inc. in the amount not to exceed $500,000 for a three year term; and

12. Agreement A-8421 with Transtech Engineers, Inc. in the amount not to exceed $500,000 for a three year term
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BACKGROUND
On July 30, 2021, the Public Works Department issued a
request for proposal (RFQ) for Multi-Year On-Call Professional Engineering Services.

The RFQ solicited proposals for professional on-call
engineering services for various projects that include:
● Roadway & Structures Engineering
● Traffic Engineering
● Utility Engineering
● Environmental Services
● Real Property Services
● Surveying
● Geotechnical Engineering
● Material & Laboratory Testing
● Drainage, Hydrology, & Hydraulic
Engineering
● Landscape Architecture & Park Design
● Architectural & Engineering Design
● Labor Compliance
● Development Plan Check
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BACKGROUND
• Services were required due to staff levels within the Engineering Division or specialized needs to meet various project requirements.
• A panel was established and selected 33 firms that
“passed” and best met the City’s criteria from the RFP
• The panels consisted of several City staff members across multiple Departments
• Additional agreements will be brought forward to
Committee and Council once agreements are completed
by staff.
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DISCUSSION
At this time, the Public Works Department is bringing forward various agreements to establish On-Call Professional Engineering Services with successful consultants or firms to provide professional and technical expertise.

No. Consultant Term Amount Scope of Services
1 Huitt-Zollars, Inc. 3 Year $250,000
- Roadway & Structures Engineering
2 Brown and Caldwell 3 Year $750,000
- Utility Engineering
3 Dudek 3 Year $1,000,000
- Utility Engineering
- Drainage, Hydrology, Hydraulic
Engineering
4 AECOM Technical Services, Inc. 3 Year $500,000
- Utility Engineering
5 Hamner, Jewell & Associates 3 Year $500,000
- Real Property Services/Right of Way
Acquisition Mapping
6 Kier & Wright Civil Engineers and
Surveyors, Inc. 3 Year $500,000
- Surveying
7 Wallace Group 3 Year $500,000
- Drainage, Hydrology, Hydraulic
Engineering
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No. Consultant Term Amount Scope of Services
8 Pacific Coast Land Design, Inc. 3 Year $1,000,000 - Landscape Architecture & Park Design
9 KTU&A 3 Year $1,000,000 - Landscape Architecture & Park Design
10 Cumming Management Group, Inc. 3 Year $750,000
- Labor Compliance
11 CSG Consultants, Inc. 3 Year $500,000
- Geotechnical Engineering
- Material & Laboratory Testing
12 Transtech Engineers, Inc. 3 Year $500,000
- Development Plan Check
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FINANCIAL IMPACT
• Work under these agreements will be assigned by task
order for any projects and operational needs dependent on budget availability
• A cost proposal will be obtained for each assigned task order at the contractual rates, and each task order will be approved per current City standard practices

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QUESTIONS?
10 340

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.3

DATE: February 8, 2022

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: State of California Senate Bill 619 Resolution - Notification of Intent to Comply. (0/5/5)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council adopt a resolution to notify the California Department of Resources Recycling and Recovery (CalRecycle) of the City of Oxnard’s intent to comply with Senate Bill 1383 (SB 1383), per the requirements of Senate Bill 619 (SB 619).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/gwFisLD6wQ4

BACKGROUND

A majority of the requirements in the State’s unfunded mandate from SB 1383 had a compliance date of January 1, 2022. As jurisdictions prepare for and implement SB 1383, many local governments are facing challenges to comply with the stated deadlines due to the COVID-19 pandemic and lack of funding from the State for this mandate. This includes staffing shortages and supply chain delays of products, equipment, software or other services. In response to the challenges, on October 5, 2021, the State of California passed SB 619 to support local governments as they design and implement successful organic waste recycling programs throughout the State. The law authorizes CalRecycle to waive civil penalties for non-compliance if a jurisdiction submits a Notification of Intent to Comply for some or all of the regulatory requirements and successfully implements a plan to correct their violations.

DISCUSSION
Per SB 619, Jurisdictions that are unable to fully implement regulations due to the COVID-19 pandemic, may submit to CalRecycle a Notification of Intent to Comply (NOIC), approved by resolution of the local jurisdiction’s governing body by March 1, 2022. The proposed Resolution is included as Attachment #1.

Attachment #2 is the completed CalRecycle SB 619 Notification of Intent to Comply Narrative, which lists the specific areas of SB 1383 where implementation will be delayed in the City. Currently, the City is meeting 20 out of 28 elements related to SB 1383. The attached NOIC identifies the eight elements of SB 1383 that the City is reporting to CalRecycle as delayed and provides a timeline for full implementation. Below are the eight elements detailed in the NOIC:
(B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements 341
(P) 14 CCR section 18988.4 Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(W) 14 CCR section 18993.1 Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2 Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3 Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4 Recordkeeping Requirements for Recycled Content Paper Procurement SB 619 delays the ability for CalRecycle to impose penalties on local governments that are found to be non- compliant with elements of the SB 1383 regulations by one year through January 1, 2023. Additionally, SB 619 adds that a penalty may only be imposed if CalRecycle finds that a local government did not make a reasonable effort, as determined by the department, to comply with the regulations. Ultimately, SB 619 offers the City additional time to implement the requirements established by SB 1383 without facing fines.

The City of Oxnard, Public Works, Environmental Resources Division has continued dialogue with CalRecycle and all of the elements of our SB 1383 compliance plans have been provided to the agency. We will continue to work toward the full implementation of SB 1383 under their guidance.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

There is no fiscal impact at this time. All new services required by SB 1383 will be charged per the current rate model, when applicable. Because this is an unfunded State mandate, staff will continue to evaluate and determine if recent operational changes create any financial impacts.

Prepared by: Brian Yanez, Assistant Public Works Director, Todd Vasquez-Housley, Environmental Resources Division Manager

ATTACHMENTS

1. SB 619 Resolution

2. SB 619 CalRecycle NOIC

3. SB 619 Presentation
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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD SERVES AS A NOTICE OF INTENT TO COMPLY WITH SENATE BILL 1383, SECTION 14 CCR - 18997.3.

WHEREAS, the City of Oxnard determines in good faith that the provisions of Senate Bill 1383 would cause the City to incur administrative penalties as defined under Section 18997.3 in violation of the timely execution of some aspects of the requirements resulting in minor violations. Minor violations may include, but are not limited to failure to meet some of the provisions under Sections 17403.0 through 18995.4.

WHEREAS, the City of Oxnard determines in good faith that the provisions of Senate Bill 1383 would cause the City to incur administrative penalties as defined under Section 18997.3 in violation of the timely execution of some aspects of the requirements resulting in moderate violations. Moderate violations may include but are not limited to failure to meet most of the provisions under Sections 17403.0 through 18995.4.

WHEREAS, the City of Oxnard determines in good faith that the provisions of Senate Bill 1383 would cause the City to incur administrative penalties as defined under Section 18997.3 in violation of the timely execution of some aspects of the requirements resulting in major violations. Major violations may include but are not limited to failure to meet all of the provisions under Sections 17403.0 through 18995.4.

In ACCORDANCE WITH, Senate Bill 1383, the City of Oxnard shall make reasonable efforts in a mutually agreeable fashion to maintain to the maximum extent practicable its original intent without violating the provisions of the Bill, thereby causing the imposition of administrative penalties. These provisions include but are not limited to the following:
●Timely execution of enforceable mechanisms,
●Timely adoption of an updated solid waste ordinance,
●Timely implementation of container labeling and color requirements, ●Timely enforcement of edible food waste generator and recovery organizations tracking, education and monitoring,
●Timely determination of technologies that constitute a reduction in landfill disposal with Ventura County, including adequate organic waste capacity, ●Completion of the issuance of waivers,
●Complete records of education and outreach requirements, ●Complete records of 3rd party and self-haulers operating within city limits, ●An adopted Model Water Efficient Landscape Ordinance,
●Compliance with procurement requirements,
343
●Significant participation of organics and food scraps collections among covered businesses.

PURSUANT TO SB 619, the City of Oxnard determines in good faith that meeting all of the provisions of SB 1383 in its entirety is unfeasible due to the following reasons:
●Cities were given only 13 months to fully prepare for this extremely complex and far- reaching legislation
●Ventura County still fails to have a viable option for organics processing, including no facility with anaerobic digestion capabilities
●Due to COVID 19 pandemic, many businesses have experienced great hardship and therefore are unable to absorb increased costs associated with food waste collection services
●Due to the older nature of the City of Oxnard’s infrastructure, many businesses, including most multifamily complexes do not have sufficient capacity inside existing enclosures to accommodate the necessary extra bins required to collect organics ●Due to COVID 19 pandemic, progress towards the adoption of ordinances or enforceable mechanisms has been delayed
●Due to COVID 19 pandemic, the City of Oxnard has experienced supply chain delays resulting in inventory issues
IN ACCORDANCE WITH Senate Bill 619, the City of Oxnard proposes the following timeline for execution of the provisions required by SB 1383 as follows:
●By March 1, 2022, the City Council will adopt an enforceable mechanism(s) and updated solid waste ordinance reflective of requirements in SB 1383 ●By June 30, 2022, the City will have finalized the issuance of all waivers and have a conforming reporting mechanism
●By June 30, 2022, the City will have formalized a plan for procurement pursuant to SB 1383 requirements
●By September 30, 2022, the City will have established its edible food recovery program in collaboration with the other 7 cities and the County of Ventura ●By July 1, 2023, the City will be on track to replace and/or modify all collection equipment to conform with provisions in SB 1383
●By the end of 2022, the City will have identified and/or received records from 3rd party and self-haulers
●The City of Oxnard has received Council approval to begin negotiations with a firm to develop vacant property adjacent to the Del Norte Regional Recycling and Transfer Station into a regional organics receiving and processing facility. The City estimates completion of a facility by the end of 2025
●By the end of 2022, the City will have a robust commercial food scraps collection program in place
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PASSED, APPROVED and ADOPTED this day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
John C. Zaragoza, Mayor
ATTEST:
__________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________
Stephen M. Fischer, City Attorney
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1 CalRecycle SB 619
Notification of Intent to Comply Narrative
City of Oxnard
(1) Select using the checkboxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11.

X (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services ●Single-family residential organic waste collection services are nearly 95% implemented ○Identified sections of routes are being addressed on a case-by-case basis ■Identify those accounts by January 30, 2022
■Notify those accounts of their options/requirements by February 18, 2022
■Supply those accounts with organic waste collection services by March 31, 2022 (depends upon supply chain & available inventory) ■Identify contamination and/or other violations by way of “lid lifts” starting mid-January 2022
●Multi-family and Commercial business organic waste collection services will be phased in throughout 2022
○There are approximately 500 Multi-family and 2000 Commercial businesses that fall under AB 1826 < 2 cubic yard threshold
○Approximately 95% of those accounts remain non-compliant with AB 1826 and thus SB 1383 as well.
■Non-compliant accounts will be sent notification via certified mail by February 1, 2022
■Accounts will have until March 31, 2022, to subscribe to service 346
2 ■All accounts remaining out of compliance by July 1, 2022, will receive a Notice of Violation with a 60-day Notice to Comply. Per SB 1383, no penalties can be levied until January 1, 2024.
■All accounts that are eligible for a waiver will be identified, approved, or denied their application and tracked by July 1, 2022
X (H) 14 CCR section 18984.7 Container Color Requirements ●All single-family residential containers conform with color requirements ●Commercial bins currently do not conform with color requirements ○Commercial bins will be repainted to conform with color requirements starting July 1, 2022
○All newly purchased commercial bins will conform with color requirements starting July 1, 2022 with phased completion prior to the deadline January 1, 2036
X (I) 14 CCR section 18984.8 Container Labeling Requirements ●The majority of single-family residential containers conform with labeling requirements ●All newly purchased residential containers will conform with labeling requirements starting July 1, 2022 with phased completion prior to the deadline January 1, 2036 ●Commercial bins currently do not conform with labeling requirements ○Commercial bins will be repainted to conform with labeling requirements starting July 1, 2022
○All newly purchased commercial bins will conform with labeling requirements starting July 1, 2022 with phased completion prior to the deadline January 1, 2036
X (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
●The jurisdiction currently complies with the majority of the requirements as specified in 14 CCR section 18988.1 - 18988.3
○For the purposes of the NOIC, the jurisdiction may not fully comply with the recordkeeping requirements, including, but not limited to ■A record of hauler compliance, including copies of all haulers reports, copies of all written approvals, denials, and revocations, and/or a 347
3 comprehensive record that includes the dates of activities, hauler name, and the type of the action taken by the jurisdiction.
○All Hauler Records, including the provisions specified in this section, shall be addressed by the jurisdiction by December 31, 2022
X (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target ●Jurisdiction will not meet the Recovered Organic Waste Product Procurement Target of 16,374 tons per year in 2022.
●On or before March 31, 2022, the Jurisdiction’s SB 1383 Implementation Point of Contact will
○provide the designated Department leads (i.e. Purchasing/Procurement, Fleet, Facilities, and Parks and Recreation) a form to report on any written and/or adopted policies
○provide the designated Department leads (i.e. Purchasing/Procurement, Fleet, Facilities, and Parks and Recreation) a form to report quantities, sources and greenhouse gas emissions reduction conversion/calculations ●The designated Department leads (i.e. Purchasing/Procurement, Fleet, Facilities, and Parks and Recreation) will have until July 15, 2022 to provide this information to the Jurisdiction’s SB 1383 Implementation Point of Contact to be included in the August 1, 2022 Annual Report
X (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
●Refer to the previous section
X (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements ●Refer to the previous section
X (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
●Refer to the previous section

(2) A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
●Limited resources. Because this is an unfunded mandate, the City of Oxnard has not had sufficient resources to complete the required work applicable to the population of 348
4 over 200,000 residents, 37,000 households, 2,500 commercial businesses, and nearly 500 multi-family properties.
(i) Despite the efforts to fully staff the Division with adequate staffing resources, recruitments have failed and the lack of applicants during the Covid-19 Pandemic has limited the Division’s capacity to just two (2) full-time employees (FTEs) responsible for AB 341 (post-Jurisdictional Compliance Order and Local Implementation Plan 2018 - 2021), AB 1826, SB 1383 implementation plans and outreach / education, in addition to other duties as assigned which include but are not limited to the following
1) General Program Outreach and Education
2) Enforcement of existing local ordinances
3) Service change requests, initiating new service
4) Reviewing newly planned projects via the Design Advisory Committee and Community Development Plan Check
5) Supervising special events
6) Participating in Department-directed special projects, events and reporting
7) Interfacing with the City Manager’s Public Information Office 8) Responding to customer inquiries
9) Managing customer account database
10) Applying for and administering grant programs, such as the City-County Beverage Container Redemption and Used Motor Oil Recycling (ii) The Collection, MRF and Transfer operations are also struggling with COVID- related absences and difficulty filling 16 current vacancies due to current job market.
(iii) Amount of additional responsibilities pursuant to the implementation of of SB 1383 including, but not limited to
1) The fact that the City of Oxnard is not just the jurisdiction, but also the Collection hauler, MRF processing and transfer facility 2) Coordinating with Collection’s to ensure adherence with three-container waste collection services
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5 3) Coordinating with Collection’s to ensure adherence to container color and labeling requirements
4) Conducting route reviews and insuring contamination minimization 5) Coordinating responsible party’s recordkeeping requirements 6) Coordinating Waiver issuance
7) Conducting Outreach and Education regarding
a) Organic Waste Recovery activities
b) Edible Food Recovery activities
8) Recordkeeping for
a) Organic Waste Recovery activities
b) Edible Food Recovery activities
9) Outreach to and recordkeeping of Self and 3rd party haulers’ activities 10) Coordinating the jurisdiction’s achievement of the Recovered Organic Waste Procurement Targets
11) Semi-annual and Annual reporting
12) Enforcement of violations/Code Enforcement
● Lack of adequate Organic Waste Processing in the region. (i) Despite the region’s continued and long-standing efforts to approve and construct the necessary infrastructure to collect, process and recover organic waste, there is no such facility at this time
(ii) The City of Oxnard is currently working opportunities for local organic processing, however, such an investment will require more time (iii) The current short-term solution, while technically meeting the requirements of SB 1383, only creates more inefficiencies, redundancies, externalized problems, and stress on an already limited infrastructure
●Antiquated, outdated and impractical data management system. (i) The City of Oxnard’s billing system is still on a 1990s DOS-based software application, which was developed and implemented before the necessary requirements of SB 1383
1) Staff has submitted a request in the recent SB 1383 Implementation Grant to ameliorate this deficiency
(3) A description of the impacts of the COVID-19 pandemic on compliance. 350
6 ●Since the City of Oxnard is not only the local jurisdiction responsible for SB 1383 implementation, we are also the hauler and the transfer facility, which complicates and increases the number of opportunities for disruption due to COVID. (i) Since the start of the pandemic, staff call-outs due to COVID have increased significantly.
(ii) COVID has impacted the supply chain, delaying the resupply of container inventory
(iii) The City also experienced a Ransomware attack early in 2020, which further impacted operations

(4) Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner.
●Provided in the previous section.

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
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Signature

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Printed Name

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Title

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Date
351
State of California Senate Bill 619 Resolution -
Notice of Intent to Comply
Public Works and Transportation Committee
February 8, 2022
Todd Vasquez-Housley
Environmental Resources Division Manager
352
That the Public Works and Transportation Committee
recommend that the City Council adopt a resolution to notify the California Department of Resources Recycling and
Recovery (CalRecycle) of the City of Oxnard’s intent to comply with Senate Bill 1383 (SB 1383), per the requirements of Senate Bill 619 (SB 619).

RECOMMENDATION 2
353
• Many local governments are facing challenges implementing SB 1383 due to the COVID-19 pandemic, ie:
• Staffing shortages
• Supply chain delays of products and equipment
• Delays in receiving software or other services
• October 5, 2021 - In response, State of California passed Senate Bill 619 (SB 619) to support local governments
BACKGROUND 3
354
• Per SB 619 the City has completed a Notification of Intent to Comply (NOIC) and a resolution

• Currently, the City is meeting 20 of 28 elements of SB 1383 • The NOIC details the eight elements of SB 1383 that the City is reporting to CalRecycle as delayed, with timelines for
implementation
DISCUSSION 4
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• SB 619 delays the ability for CalRecycle to impose penalties on local governments that are found to be non-compliant with elements of the SB 1383 regulations
• SB 619 adds that a penalty may only be imposed if CalRecycle finds that a local government did not make a reasonable effort, as determined by the department, to comply with the regulations • Ultimately, SB 619 offers the City additional time to implement the requirements established by SB 1383 without facing fines DISCUSSION 5
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• The City of Oxnard, Public Works, Environmental Resources Division has a continued dialogue with CalRecycle and all of the elements of our SB 1383 compliance plans have been provided to the agency
• We will continue to work toward full implementation of SB 1383 under their guidance
DISCUSSION 6
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There is no fiscal impact at this time. All new services required by SB 1383 will be charged per the current rate model, when applicable. Because this is an unfunded State mandate, staff will continue to evaluate and determine if recent operational changes create any financial impacts.

FINANCIAL IMPACT 7
358
QUESTIONS?
359

Public Works & Transportation CommitteeFebruary 8, 2022

Public Works & Transportation Committee
February 8, 2022