Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item time estimates: (Presentation / Council Discussion / Public Comment) AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street April 19, 2022
Closed Session - 4:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 896 3417 2935
3. Passcode: 980794
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed above. Once the Mayor calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/citymeetings. *Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the City Council prior to the start of the meeting and made part of the legislative record. c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the Mayor announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public shall have three minutes to register or otherwise be recognized for the purpose of 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 19, 2022 PAGE 2
providing public comment. During this three-minute time period, public comments may be taken and the City Council or staff may discuss the item being considered or briefly respond to public comments.
Detailed participation instructions can be found at www.oxnard.org/city-meetings. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: George Carrizales v. City of Oxnard
Workers' Compensation Case Nos. ADJ9830372 and ADJ9872729 Legislative Body: City Council
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Steven Ramirez v. City of Oxnard
Workers' Compensation Case No. ADJ13093704
Legislative Body: City Council
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: East Fifth Street and Rice Avenue (APN 216-0-160-575) Agency Negotiator: Michael Wolfe, Public Works Director Negotiating Party: SWEPI LP
Under Negotiation: Price and terms of payment
Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
E. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Resolution Commending Eric S. Sonstegard for 26 Years of Service to the City of Oxnard.
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 19, 2022 PAGE 3
2. SUBJECT: City Manager Commendations for Staff Work on Amazon.
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
K. INFORMATION/CONSENT AGENDA
1. Cultural & Community Services Department
SUBJECT: Retired and Senior Volunteer Program (RSVP) Grant Application and Revenue Approval.
RECOMMENDATION: That the City Council adopt a resolution authorizing the City Manager or designee to submit an application for $225,831 in AmeriCorps grant funds with a local match of $96,786 over three years to be used for the Retired and Senior Volunteer Program; authorizing the City Manager or designee to execute grant agreements; authorizing the Chief Financial Officer or designee to submit financial reports, grant claims and approve special budget appropriations for the use of the grant funds; and authorizing the Cultural and Community Services Director or designee to submit non-financial reports.
Contact: Terrel Harrison, (805) 385-7994
2. Cultural & Community Services Department
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 19, 2022 PAGE 4
SUBJECT: Amendment to Agreement (8503-18-LI) with Baker & Taylor, LLC. for the Purpose of Purchasing Library Materials.
RECOMMENDATION: That the City Council approve and authorize the Mayor to:
1) execute a First Amendment to Agreement 8503-18-LI with Baker & Taylor, LLC in the amount of $380,000 for a total agreement value of $950,000; and 2) extend the term of the Agreement to June 30, 2024, for the purpose of purchasing library materials, cataloging and processing.
(Community Services, Public Safety, Housing and Development Committee approved 3-0 on March 8, 2022.)
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
3. Public Works Department
SUBJECT: Purchase of Heavy Equipment from Quinn Company for the Public Works Department.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a purchase order with Quinn Company in the amount of $539,307.22 for various heavy equipment for the Public Works Department.
(Public Works and Transportation Committee approved 2-0.) Contact: Michael Wolfe, (805) 385-8055
4. Public Works Department
SUBJECT: Second Amendment to Agreement 8795-19-PW to Casamar Group LLC for On-Call Labor Compliance Monitoring and Reporting Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement 8795-19-PW with Casamar Group, LLC in the amount of $500,000 for a new not to exceed contract amount of $1,000,000 with a three percent (3%) per year rate increase effective October 15, 2022 and to extend the term to October 14, 2025 for professional services for labor compliance monitoring.
(Public Works and Transportation Committee approved 2-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
SUBJECT: Agreement A-8442 with Clean Earth Environmental Solutions, Inc. for the Collection, Removal, Transport, Recycling, and Disposal of Recyclable Household Hazardous Waste.
RECOMMENDATION: That the City Council authorize the Mayor to execute Agreement A-8442 with Clean Earth Environmental Solutions, Inc. in an amount not to exceed $750,000 for a threeyear term; for the collection, removal, transport, recycling, and disposal of Recyclable Household Hazardous Waste (RHHW).
(Public Works and Transportation Committee approved 2-0.) Contact: Michael Wolfe, (805) 385-8055
6. Public Works Department
4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 19, 2022 PAGE 5
SUBJECT: Recognition of the Statewide Park Development and Community Revitalization Grant Award for the Durley Park Expansion and Improvement Project.
RECOMMENDATION: That the City Council recognize the grant award of $7,092,300 from the Statewide Park Development and Community Revitalization Program for the Durley Park Expansion and Improvement Project.
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7. Public Works Department
SUBJECT: Lease Agreement A-8458 with Channel Islands Logistics, Inc. for the Temporary Storage of Land/Sea Shipping Containers for up to 12 Months.
RECOMMENDATION: That the City Council approve and authorize the Mayor to:
1. Execute a 12-month Lease Agreement A-8458 with Channel Islands Logistics, Inc. for a fiveacre portion of vacant property adjacent to the Del Norte Regional Recycling and Transfer Station near the northwest corner of Del Norte Blvd. and 5th Street; and
2. Authorize the City Manager to make minor non-substantive adjustments to the lease, with the City Attorney's concurrence, should such adjustments be requested by Channel Island Logistics, Inc.
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
8. Cultural & Community Services Department
SUBJECT: Elimination of Library Overdue Fines.
RECOMMENDATION: That the City Council approve and authorize the Mayor to:
1. Eliminate overdue fines for all library materials; and
2. Waive existing overdue fines owed by Oxnard Public Library patrons (as of March 15, 2022, $187,212 were owed in fines); and
3. Authorize the City Manager or designee to refund all fines collected during COVID-19.
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
L. PUBLIC HEARINGS
1. Police Department
SUBJECT: Introduction of a City Ordinance that establishes a Military Equipment Use Policy for the Police Department. (10/10/10)
RECOMMENDATION: That the City Council conduct a public hearing and introduce for first reading by title only waiving further reading of an ordinance amending Chapter 2 Article III Division 7 of the Oxnard City Code that is entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING CHAPTER 2 ARTICLE III DIVISION 7 TO THE OXNARD CITY CODE GOVERNING THE USE OF MILITARY EQUIPMENT BY THE OXNARD POLICE DEPARTMENT" Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/RgBv_fJueeg
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 19, 2022 PAGE 6
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
2. Community Development Department
SUBJECT: Portofino Place: A request for a General Plan Amendment to change the 2030 General Plan land use designation of a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221- 265, and 185-0-223-015) from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02); a Zone Change from Business Research Park to Multiple-Family (R-2) (PZ 20-570- 02), and a Tentative Subdivision Map (Tract No. 6064) for condominium purposes (PZ 20-300-02) to allow for the construction of 90, two-story condominium dwelling units and associated site improvements. (10/20/20)
RECOMMENDATION: That the City Council:
1. Conduct a public hearing; and
2. Adopt a Resolution adopting Addendum No. 1 to previously adopted Mitigated Negative Declaration (MND) 2004-11; and
3. Adopt Resolution approving Planning and Zoning Permit No. 20-620-02 (General Plan Amendment) to change the land use designation of the project site from Business Research Park (BRP) to Residential Medium (RM), and
4. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-570-02 (Zone Change) to change the zoning of the project site from Business Research Park to Multiple-Family (R-2) and set the date of the second reading to occur on May 3, 2022, and
5. Adopt Resolution approving Planning and Zoning Permit No. 20-300-02 (Tentative Subdivision Map for Tract No. 6064), subject to certain findings and conditions, and
6. Approve an Affordable Housing Agreement.
This item did not originate in Committee.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Rj368-TMgw4
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
3. Housing Department
SUBJECT: First Amendment to the 2021-22 Annual Action Plan and the Second Amendment to the 2020- 21 Annual Action Plan for the CARES Act. (10/20/20) RECOMMENDATION: That the Community Services, Public Safety, Housing & Development Committee recommend that the City Council:
1. Conduct a public hearing and receive public comments relating to the following documents to be submitted to the United States Department of Housing and Urban Development for the First Amendment to the 2021- 2022 Annual Action and Funding Plan to close and reallocate slow- or no-spending activities within the Community Development Block Grant program to projects moving forward between now and the close of the fiscal year, and to further define activities within the Emergency Shelter Grant – CARES Act program with specific funding awards both described in Attachment 1; 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 19, 2022 PAGE 7
2. Approve the updated changes in activities pertinent to this Mid-Year Reallocation as described in Attachment 1, and the 2021 Amendment to the Annual Action Plan, and the 2020 Amendment to the Annual Action Plan.
3. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the 2021 Annual Action Plan Amendment to the United States
Department of Housing and Urban Development, and the Second Amendment to the 2020 Annual Action Plan relating to the Emergency Solutions Grant – CARES Act;
4. Authorize the City Manager and his designees, to execute the appropriate agreements with Community Development Block Grant and Emergency Shelter Grant-CV partners, consultants and contractors, and the ability to adjust any future funding of the Mid-Year activities not to exceed $50,000, if the programs require more or less funding to meet their objectives;
5. Authorize the City Manager and his designees, to incorporate any recommended changes resulting from public input to the First Amendment of the 2021 Annual Action Plan, and the Second Amendment to the 2020 Annual Action Plan, as directed by the City Council, including amending any budget appropriations approved by the City Council; and
6. Authorize the Finance Department to make the necessary revenue and expenditure changes to the fiscal year 2022 budget reflecting the amended budgets for the Community Development Block Grant and the Emergency Shelter Grant-CARES Act reallocations described in the 2020 and 2021 Mid-Year budgets.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/gKryXW2RCZw
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
M. REPORTS
1. Public Works Department
SUBJECT: First Amendment to Agreement A-8332 with Separation Processes, Inc. for the Groundwater Desalter Improvement Project PW 21-44. (0/5/5) RECOMMENDATION: That the City Council approve and authorize the Mayor to:
1. Execute a First Amendment to Agreement A-8332 with Separation Processes, Inc. (SPI) in the amount of $263,702 for a new not to exceed contract amount of $1,063,656 for additional design work required for the Groundwater Desalter Improvement Project PW 21-44 (Project No. 216508) and
2. Approve a budget transfer in the amount of $263,702 from the Water Metering Operations (601- 6003) to the Existing Desalter Upgrades Water Capital Project No. 216508. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 19, 2022 PAGE 8
video: https://youtu.be/_U-mqeFFrwQ
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Agreement A-8456 with ELS Architecture and Urban Design for South Oxnard Aquatic Center Professional Design Services. (0/15/15)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement A-8456 with ELS Architecture and Urban Design, in an amount of $3,900,057 for professional design services for the South Oxnard Aquatic Center Improvement Project (Project No. 225502).
(This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Sm357l99-FQ
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
3. Finance Department
SUBJECT: Revisions to Procurement Ordinance Reflecting Preparation of the new Tyler Munis Enterprise Resource Planning (ERP) Financial System. (0/10/10) RECOMMENDATION: That the City Council introduce an amendment to the City’s Procurement Ordinance in preparation for the launch of the Core Financials phase of Tyler Munis.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/0PWV5fFnoU0
Legislative Body: City Council
Contact: Betsy George, (805) 200-5400
N. ADJOURNMENT
8 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING ERIC S. SONSTEGARD FOR 26 YEARS OF OUTSTANDING
SERVICE TO THE CITY OF OXNARD
WHEREAS, Eric S. Sonstegard has given 26 years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department.
WHEREAS, Eric S. Sonstegard began his law enforcement career in 1990 as an intern with the Ventura County Sheriff’s Office. On September 24, 1993, he was hired by the Los Angeles School District Police Department and served the students and residents of the Boyle Heights neighborhood in East Los Angeles. He transferred to the Oxnard Police Department on April 22, 1996, and has served the community of Oxnard honorably and with distinction in his advancement to Assistant Police Chief; and WHEREAS, throughout his career, Assistant Chief Sonstegard held a wide variety of assignments within the Police Department including Patrol Officer, Field Training Officer, K-9 handler, Bike Team member, Patrol Sergeant, Sergeant of the Oxnard Violent Crimes Task Force, Training Sergeant, Professional Standards Commander, Special Operations Commander, Investigations Commander, and Assistant Chief overseeing the Field Services Bureau, Administrative Services Bureau, and the Investigative Services Bureau; and
WHEREAS, Assistant Chief Sonstegard’s contributions to the Police Department are many. He developed & instructed the Department’s nationally recognized Cultural Proficiency curriculum, developed & implemented the county’s first “Summer at City Hall” program, led the Department transition to a jiu-jitsu based defensive tactics program, led the implementation of the county’s first “Community Camera” program, developed & implemented the Department’s Asset Forfeiture Community Funds Grant program, and served as team captain/department coordinator for the Baker to Vegas relay team, Corporate Games, and the Palm Springs golf tournament; and WHEREAS, Assistant Chief Sonstegard has been a champion for leadership within the Police Department. He attended the 10-week long intensive FBI National Academy in Quantico, Virginia. He also attended the 9-month long intensive Sherman Block Leadership Institute, the P.O.S.T. Executive Development course, and served as the 2020 President of the F.B.I. National Academy Associates California Chapter; and
WHEREAS, over the course of his career, Assistant Chief Sonstegard has received numerous awards and commendations including: over twenty (20) awards at regional K-9 competitions with K-9 “Argos”, 2012 Chief’s Award of Excellence, 2013 Oxnard P.A.L. Special Honoree, 2014 Salvation Army Volunteer of the Year, and the 2018 National Police Clergy Council Community Caring Award, and WHEREAS, Assistant Chief Sonstegard was born and raised in Thousand Oaks and currently lives in Oxnard. Through his positive interactions, he has earned the respect of his fellow Officers, City employees, and the community. He has developed countless friendships and partnerships within our City. 9 NOW, THEREFORE, the City Council of the City of Oxnard resolves: to commend, recognize, and extend its gratitude to Assistant Chief Eric S. Sonstegard for his 26 years of dedicated service to the City of Oxnard. We extend our best wishes for a fun and fulfilling retirement with family and friends.
PASSED AND ADOPTED THIS 19th day of April 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
10 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1
DATE: April 19, 2022
TO: City Council
FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected] SUBJECT: Retired and Senior Volunteer Program (RSVP) Grant Application and Revenue Approval.
RECOMMENDATION
That the City Council adopt a resolution authorizing the City Manager or designee to submit an application for $225,831 in AmeriCorps grant funds with a local match of $96,786 over three years to be used for the Retired and Senior Volunteer Program; authorizing the City Manager or designee to execute grant agreements; authorizing the Chief Financial Officer or designee to submit financial reports, grant claims and approve special budget appropriations for the use of the grant funds; and authorizing the Cultural and Community Services Director or designee to submit non-financial reports.
BACKGROUND
For the past 44 years, the City of Oxnard has successfully operated the Retired and Senior Volunteer Program (RSVP). The RSVP grant is funded by the federal AmeriCorps (recently renamed from Corporation for National and Community Service). The dual-purpose is to engage older adults in volunteer services to meet critical community needs and to provide a high-quality service experience that will enrich the lives of the volunteers. Grant agreements with AmeriCorps are awarded on a three-year basis, with FY 2022/23 being the first year of this cycle. The annual grant award is $75,277.
In a typical year, about 500 RSVP volunteers, all age 55 and over, assist about 35 non-profit or public agencies and serve more than 72,000 hours, providing over $2 million of time and talent to our community. The past two years have been anything but typical due to the pandemic, yet over 250 of our seniors returned to volunteering last year. They served approximately 24,600 hours with a value of $830,000 in 2021. The focus of much of their volunteer effort addresses hunger through food distribution, helping seniors live independently, fighting social isolation, and increasing the capacity of local non-profits.
Special projects operated by RSVP include RSVP Bone Builders, which provides osteoporosis exercise classes to seniors while also building community and friendships; Tai Chi: Moving for Better Balance, a simplified, but evidence-based Tai Chi experience for seniors; and Seniors Tackling the Opioid Problem (STOP), an effort to ensure seniors know the dangers of opioids and have an easy method to dispose of their unused prescriptions.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
11 If the grant is awarded, each fiscal year will require a General Fund match of $32,262 per year for a three-year total match of $96,786. The matching funds are composed of personnel costs and are part of the annual operating budget for Recreation / Senior Services (101-5303). The annual grant award will be $75,277 for a three-year total grant funding of $225,831.
The annual match amount of $32,262 (101-5503) and grant award of $75,277 (263-5503) will be reflected in the recommended budgets for Fiscal Years 2022-23 (Year One), 2023-24 (Year Two), 2024-25 (Year Three).
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Julie Estrada, Recreation Coordinator
ATTACHMENTS
1. 2022 Grants Resolution RSVP
2. RSVP Grant Application and Revenue Approval Presentation 12 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING SUBMITTAL OF GRANT APPLICATION
WHEREAS, City Council Resolution No. 12,053 sets out the procedures by which City staff may submit grant applications, following approval of the City Council; and WHEREAS, the Cultural and Community Services Department has requested that the City Council approve submittal of an application to AmeriCorps for $225,831 in Retired & Senior Volunteer Program funding to be used for senior volunteer programming with a local match of $96,786 over three years to be used for the Retired & Senior Volunteer Program.
NOW, THEREFORE, the City Council of the City of Oxnard hereby resolves to approve the submittal of a grant application by the City Manager or designee for the Retired & Senior Volunteer Program. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve special budget appropriations for the use of grant funds; and the Cultural and Community Services Director or designee is authorized to submit non-financial reports.
PASSED AND ADOPTED THIS
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
day of , 2022, by the
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
John C. Zaragoza, Mayor
13 RSVP GRANT APPLICATION
AND REVENUE APPROVAL
14 RECOMMENDATION
That the City Council adopt a resolution authorizing the City Manager or designee to submit an application for
$225,831 in AmeriCorps grant funds with a local match of $96,786 over three years to be used for the Retired and Senior Volunteer Program; authorizing the City Manager or designee to execute grant agreements; authorizing the
Chief Financial Officer or designee to submit financial reports, grant claims and approve special budget
appropriations for the use of the grant funds; and
authorizing the Cultural and Community Services Director or designee to submit non-financial reports.
RECOMMENDATION 2
15 • For 44 years, the City of Oxnard has operated the Retired and Senior Volunteer Program (RSVP). The RSVP grant is funded by the federal AmeriCorps. The dual purpose is to engage older adults in volunteer services to meet critical community needs and to provide a highquality service experience that will enrich the lives of the volunteers.
BACKGROUND 3
16 • Special projects operated by RSVP include RSVP Bone Builders, which provides osteoporosis exercise classes to seniors while also building community and friendships; Tai Chi: Moving for Balance, a simplified, but evidence-based Tai Chi experience for seniors; and Seniors Tackling the Opioid Problem (STOP), an effort to ensure seniors know the dangers of opioids and have an easy method to dispose of their unused prescriptions.
BACKGROUND (CONT’D)
4 17
• In a typical year, about 500 RSVP volunteers, all age 55 and over, assist about 35 non-profit or public agencies and serve more than 72,000 hours, providing over $2 million of time and talent to our community. • The past two years have been anything but typical due to the pandemic, yet over 250 of our seniors returned to volunteering in 2021, serving 24,599 hours with a value of $830,000.
• The focus of much of their volunteer effort addresses hunger through food distribution, helping seniors live independently, fighting social isolation, and increasing the capacity of local non-profits.
BENEFITS 5
18 • Grant agreements with AmeriCorps are awarded on a three-year basis, with FY 2022/23 being the first year of this cycle. • The annual grant award will be $75,277 for a three-year total grant funding of $225,831.
• Each fiscal year will require a General Fund match of $32,262 for a three year total match of $96,786.
• The recommended budgets for Fiscal Years 22-23, 23-24 and 24-25 will include the annual match amount of $32,262 (101-5503) and grant award of $75,277 (263-5503).
FINANCIAL IMPACT 6
19 End of Presentation
20 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2
DATE: April 19, 2022
TO: City Council
FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected] SUBJECT: Amendment to Agreement (8503-18-LI) with Baker & Taylor, LLC. for the Purpose of Purchasing Library Materials.
RECOMMENDATION
That the City Council approve and authorize the Mayor to:
1) execute a First Amendment to Agreement 8503-18-LI with Baker & Taylor, LLC in the amount of $380,000 for a total agreement value of $950,000; and
2) extend the term of the Agreement to June 30, 2024, for the purpose of purchasing library materials, cataloging and processing.
(Community Services, Public Safety, Housing and Development Committee approved 3-0 on March 8, 2022.)
BACKGROUND
This Agreement was first entered into in 2019 for $570,000 with a three-year term (2019-2022). The Agreement covers the purchase of library materials, cataloging, and processing for the Oxnard Public Library system, which includes the Main Library and two additional branches. Each year the Oxnard Public Library adds approximately 10,000 items to its collection.
The types of materials purchased include the following materials, including materials in both English and Spanish:
Children’s Collection: early reader books, easy books, fiction books, nonfiction books, reference books, board books, children’s DVD, books on CD;
Young Adult Collection: fiction books and nonfiction books; and Adult Collection: fiction books, nonfiction books, reference books, mystery books, science fiction books, literacy books, early reader books, large print books, professional books, books on CD, DVDs, magazines, newspapers, and music.
The Collection is available to Oxnard residents via the Library catalog and Worldcat.org, a worldwide network of library content. Currently, there are 86,436 registered users.
The proposed amendment will extend the agreement expiration date by two years to June 30, 2024, and increase the agreement amount by $380,000 ($190,000 per fiscal year) for a total agreement value of $950,000. These funds will allow the Oxnard Public Library to continue with the current vendor for the purchasing, cataloging, and processing of library materials.
STRATEGIC PRIORITIES
21 This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promote safe neighborhoods, encourage community engagement, and support our residents in their efforts to improve their quality of life.
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The current Agreement with Baker & Taylor, LLC for FY2020-22 (8503-18-LI) is for an amount not to exceed $570,000.
Years 1 through 3 were included in each of the approved fiscal years budget for an amount up to $190,000 in the General Fund (101-5403 and 101-5411) per year.
The amendment will increase the value of the agreement by $190,000 in FY2022-23 (Year 4). Funding for year 4 will be included in the recommended FY2022-2023 budget in the General Fund (101-5403 and 101-5411).
The Year 5 amount will be up to $190,000, and will be included in the recommended FY2023-2024 budget in the General Fund (101-5403 and 101-5411).
The amendment for Year 4 and Year 5 combine for a total not-to-exceed amount of $380,000. The new not to exceed value of the agreement will be $950,000.
Account FY2022-2023 (Year 4) FY2023-2024 (Year 5) Total 101-5403-805.81-12 $ 142,500.00 $ 142,500.00
101-5411-805.81-12 $ 47,500.00 $ 47,500.00
$ 190,000.00 $ 190,000.00 $380,000.00
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 8, 2022.
Prepared by: Sofia Kimsey, City Librarian, Renee Rakestraw, Community Services Manager
ATTACHMENTS
1. Baker & Taylor Agreement
2. Baker & Taylor First Amendment (8503-18-LI)
3. Baker & Taylor PowerPoint
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
Agreement No. 8503-18-LI
FIRST AMENDMENT TO PROFESSIONAL SERVICES
This First Amendment (“First Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this 1st day of July, 2021, by and between the City of Oxnard, a municipal corporation (“City”), and Baker & Taylor, LLC (“Vendor”). This First Amendment amends the Agreement entered into on July 1, 2019, by City and Vendor.
City and Vendor agree as follows:
1. The date in Section 5 of the Cover Page of the Agreement is hereby amended to “June 30, 2024.”
2. The total agreement amount in Section 6 of the Cover Page “not to exceed $570,000.00” is deleted and replaced with “not to exceed $950,000.00.”
3. Section 4 of the Cover Page is deleted in its entirety and replaced with “Schedule of Services: This is a Five (5) Year Agreement”
4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES (V-01-17-19 ) 50 Agreement No. 8503-18-LI
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD BAKER & TAYLOR, LLC
☒ John C. Zaragoza, Mayor Date Lee Ann Queen Date 1 2
☐ Alexander Nguyen, City Manager Director of Pricing Services ☐ Daniel Willhite, Purchasing Manager
☐ ___________, Buyer
Stephanie Kremer Date
ATTEST: Director, Pricing Services
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer Date
City Attorney (always required)
2 1
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES (V-01-17-19 ) 51 First Amendment to Agreement No.
8503-18-LI with Baker & Taylor, LLC
for the Purchasing, Cataloging, and
Processing of Library Materials
Community Services Committee
Renee Rakestraw
March 8, 2022
52 • That the Community Services Committee recommend that the City Council approve and authorize the Mayor to
execute an amendment to the agreement (8503-18-LI) with Baker & Taylor, LLC for the purpose of purchasing library materials, cataloging, and processing to:
1. Increase the agreement amount up to $380,000
resulting in a total amount of $950,000; and
2. Extend the expiration date for two years to June 30, 2024.
RECOMMENDATION
2 53
• This agreement is for the purchase of library materials, cataloging, and processing
• Each year the Oxnard Public Library adds approximately 10,000 items to its Collection
• The Collection is available to Oxnard residents via the Library catalog and Worldcat.org
• Currently, there are 86,436 registered users
BACKGROUND
3 54
BACKGROUND (CON’T)
The types of materials purchased include:
• Children’s Collection: early reader books, easy books, fiction books, nonfiction books, reference books, board books, children’s DVD, books on CD, Spanish children’s fiction books, Spanish children’s nonfiction books;
• Young Adult Collection: fiction books, nonfiction books, novels, Spanish books; and
4 55
BACKGROUND (CON’T)
• Adult Collection: fiction books, nonfiction books, reference books, mystery books, science fiction books, English and Spanish books on CD, English and Spanish DVD, adult books on CD, literacy books, Spanish fiction books, Spanish nonfiction books, early reader books, large print books, professional books, Spanish DVD, Spanish easy books, Spanish early reader, magazines, newspaper, music 5 56
BACKGROUND (CON’T)
Benefits
• Discounts for volume purchases
• Added value: cataloging and processing
• New materials are available on publishing release dates • Discoverability to patrons is accurate with instantaneous cataloging records available online
6 57
FINANCIAL IMPACT
7 • The approved agreement with Baker & Taylor, LLC for FY 2020-22 (8503-18-LI) is for an amount not to exceed $570,000 • Years 1-3 were included in the approved fiscal year
budgets for an amount up to $190,000 per year in the
General Fund (101-5403 and 101-5411).
58 FINANCIAL IMPACT (CON’T)
8 ● The amendment will include funding for FY 2022-23 (Year 4) and FY 2023-2024 (Year 5).
• Year 4 will be included in the recommended FY 2022-2023 budget in the General Fund (101-5403 and 101-5411) up to $190,000.
• Year 5 will be up to $190,000, and will be included in the recommended FY 2023-24 budget in the General Fund
(101-5403 and 101-5411).
● The amendment will increase the agreement total by an amount not-to-exceed $380,000. The new agreement value shall be $950,000.
59 FINANCIAL IMPACT (CON’T)
9 Account FY2022-2023 (Year 4) FY2023-2024 (Year 5) Total 101-5403-805.81-12 $ 142,500.00 $ 142,500.00
$380,000.00
101-5411-805.81-12 $ 47,500.00 $ 47,500.00
$ 190,000.00 $ 190,000.00
Distribution of funds will be reflected in the following accounts:
60 Questions
61 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3
DATE: April 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Purchase of Heavy Equipment from Quinn Company for the Public Works Department.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a purchase order with Quinn Company in the amount of $539,307.22 for various heavy equipment for the Public Works Department. (Public Works and Transportation Committee approved 2-0.)
BACKGROUND
The City of Oxnard’s Public Works Department is requesting the purchase of five pieces of heavy equipment and two accessory pieces. These aged heavy equipment and accessories include: two skid steers, one skip loader, one cold planer, one compact loader, one diesel generator, and one damper bucket with grappler. Purchase of the aforementioned heavy equipment and accessories will ensure safety, increase efficiency and reliability, and decrease the need for outside contractors and rental services. The heavy equipment will also meet updated regulations from the California Air Resources Board (CARB) as well as the Certified Unified Program Agency (CUPA).
DISCUSSION
The seven pieces of heavy equipment and accessories will be procured using various Sourcewell cooperative agreements.
As a Sourcewell cooperative member, the City of Oxnard (City) can take advantage of the nationwide competitive bidding process outcomes conducted by the Sourcewell Cooperative. Cooperative agreements 032119-CAT and 120617- CAT for heavy construction equipment with related accessories will be used for this purchase.
All heavy equipment being replaced through this purchase will be turned over to the Fleet Division where the equipment will be auctioned off to the highest bidder, or properly decommissioned. All new purchased equipment will be compliant with CARB emission requirements. For most of the new equipment, the expected delivery is by June 30, 2022. For Wastewater and Environmental Resources, the delivery will be delayed to Fiscal Year 2022-23 resulting from supply and shipping complications due to the pandemic.
Wastewater
The Wastewater Division is requesting the replacement of a 1993 Skip Loader and a 2001 Skid Steer for use at the Wastewater Treatment Plant (OWTP), and a 2005 diesel generator for use at Lift Station 28. As part of daily operations at the Wastewater Division, staff use a skip loader and skid steer to perform various cleaning, loading, and maintenance projects throughout the plant and the sewer collection system. A skip loader is commonly used by staff to complete cleanup of the Activated Sludge Tanks, which consists of disposing of thousands of pounds of residuals. The skid steer is used to assist in manhole raising, manhole replacement, channel maintenance, and cleaning of the OWTP dumping area.
The diesel generator is used at sewer lift station 28 as a backup power source. Should this lift station experience a power 62 disruption, the generator ensures continuous operation and prevention of sanitary sewer overflow. Pursuant to State requirements, the existing wastewater skip loader and skid steer have been taken out of operation as of January 1, 2022, as they no longer meet the emission requirements set forth by the CARB. The existing generator at sewer lift station 28 is beyond its useful life, no longer efficient, and will no longer pass CUPA inspection.
Streets
The Streets Division is requesting the purchase of a compact track loader and of a cold planer for infrastructure maintenance utilization throughout the City. These two pieces of equipment will be replacements for the 2005 track loader and 2005 cold planer, which are outside of the emission requirements set forth by the CARB.
The compact track loader is used for daily street maintenance repairs to sidewalks, streets, alleys, beach sand and weed abatement cleanups. The track loader is a versatile piece of equipment for loading and unloading materials. This piece of equipment can also be used with multiple attachments that are necessary for maintenance repairs, such as forks, concrete breakers and a bucket. It can also be used with a cold planer.
The cold planer is designed for small paving jobs in residential and commercial applications, and it is primarily used to restore asphalt and concrete surfaces. The cold planer is ideal for milling imperfections before resurfacing, removing deteriorated pavement, removing traffic lane stripes and other various maintenance jobs.
Environmental Resources
The Environmental Resources Division is requesting the purchase of a skid steer and damper bucket with grappler for utilization at the Del Norte Material Recycling Facility. The existing John Deer skid steer machine, purchased in 2008, was put out of service on December 31, 2021 because it is beyond its useful life and falls outside of the emission requirements set forth by CARB. The skid steer machine plays a vital role in the daily operations at the Del Norte Recycling and Transfer Station. The machine assists in sorting material on the tipping floor, placing recycled material on the conveyor infeed for processing and assisting in the self-haul area.
Recently, the Del Norte Regional Transfer Station purchased six tipper trailers. Tipper trailers allow for quick and easy unloading at the landfill by using a tipper machine. While the use of tipper trailers is superior in terms of efficiency, there are occasions where they are found to be slightly overweight upon scaling out before leaving the Del Norte Facility. The purchase of the damper bucket with grappler will allow the 950 wheel loader to quickly reach into the tipper trailer if necessary and remove material until the desired weight is achieved. The damper bucket with grappler that we are requesting attaches to an existing 950 wheel loader and is the most cost-effective and timely way to ensure that the maximum weight of transfer trucks is not exceeded when exiting the facility en route to the landfill for disposal.
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
The total cost of this purchase order with Quinn Company shall not exceed $539,307.22. There are sufficient appropriations in each of the respective funds in Public Works for this purchase.
Item No. Equipment Division Account Cost
1 415 IL Skip Loader Wastewater 621-6205-891-8606 $107,465.90 2 262D3 Skid Steer Wastewater 611-6103-891-8606 $70,646.95 63 3 D80-8 Diesel
Generator
Wastewater 621-6205-891-8606 $92,080.32
4 289D3 Compact
Loader
Streets 101-5704-803-8606 $120,168.35
5 PC306 Cold Planer Streets 104-5704-803-8606 $33,764.81 6 262D3 Skid Steer Environmental Resources 631-6313-891-8606 $73,297.06 7 WT-MWL Damper
Bucket with
Grappler
Environmental Resources 631-6313-891-8606 $41,883.83
Total $539,307.22
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on March 22, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Jan Hauser, Wastewater Division Manager, Todd Vasquez-Housley, Environmental Resources Division Manager, Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. (WW) 415 IL Skip Loader
2. (WW) 262D3 Skid Steer
3. (WW) D80-8 Diesel Generator
4. (Streets) 289D3 Compact Loader
5. (Streets) PC306 Cold Planer
6. (ER) 262D3 Skid Steer
7. (ER) Damper Bucket w/Grappler
64 Quote 148607-01
148607-01
February 9, 2022
CITY OF OXNARD WASTE WATER TREATMENT PLANT
ATTN ACCOUNTS PAYABLE
6001 PERKINS RD
OXNARD, California 93033-9047
Attention: CLIFF REILLY
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.
One (1) New Caterpillar Inc. Model: 415IL Backhoe Loader including standard and optional equipment as listed below.
STOCK NUMBER: 415IL SKIPLOADER SERIAL NUMBER: NEW YEAR: 2022 SMU: 2 We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 90 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Barry Tovey
Machine Sales Representative
65 Quote 148607-01
One (1) New Caterpillar Inc. Model: 415IL Backhoe Loader including standard and optional equipment as listed below.
STANDARD EQUIPMENT
BOOMS, STICKS, AND LINKAGES -LOADER -- Single Tilt Loader -- Lift cylinder brace -- Self-leveling loader with single -lever control -- Return-to-dig -(automatic bucket positioner) -- Transmission neutralizer switch -- Bucket level indicator - POWERTRAIN -- Cat C3.6, 55kw -EPA Tier 4 Final Certified Engine -EU Stage 5 Certified Engine with -aftertreatment -Net Power @ Rated (2200RPM) is 69HP -(51kW) -Gross Power @ Rated (2200RPM) is 74HP -(55kW) -- Water separator -- Thermal starting aid system -- Dry type axial seal air cleaner with -- Integral precleaner -- Automatic dust ejection system -- Filter condition indicator -- Hydraulically boosted multi-plate wet -disk brake with -- Dual pedals & Interlock -- Differential lock -- Drive-line parking brake -- Torque converter -- Four Wheel Drive -- Transmission-four speed manual shift -- Neutral safety switch -- Spin-on filters for -Fuel -Engine oil -Transmission oil -- Outboard Planetary Rear Axles -- Diesel Particulate Filter -- Hydrostatic power steering HYDRAULICS -- Load sensing, variable flow system -with 35 gpm (132 L/min) axial piston -pump -- 6 micron hydraulic filter -- Caterpillar XT-3 hose -- Hydraulic oil cooler -- Flow-Sharing Hydraulic Valves -- Hydraulic suction strainer ELECTRICAL -- 12 volt electrical start -- 150 ampere alternator -- Horn, front and rear -- Backup alarm -- Hazard flashers/turn signals -- Halogen head lights (2) -- Halogen rear flood lights (2) -- Stop and tail lights -- Audible system fault alarm -- Key start/stop system -- 850 CCA maintenance free battery -- Battery disconnect switch -- External Power Receptacle (12v) - OPERATOR ENVIRONMENT -- Interior rearview mirror -- Rear fenders -- ROPS canopy -- Foot throttle -- Mechanical suspension seat -- Coat Strap -- Lockable storage area -
FLUIDS -- Antifreeze - Extended Life Coolant --20F (-30C) OTHER STANDARD EQUIPMENT -- Standard Storage Box -- Transport tie-down points -- Ground line fill fuel tank with -42.3 gal (160L) capacity -- Rubber impact strips on radiator -guard -- CD-ROM Parts Manual -- Safety Manual -- Operations and Maintenance Manual -- Lockable hood -- Tire Valve Stem Protection - 66 Quote 148607-01
MACHINE SPECIFICATIONS
415 07A IL BACKHOE LOADER 542-8000
LANE 2 ORDER 0P-9002
HYDRAULICS, MP, 3FCN/5BNK 545-7229
CANOPY 545-7230
WORKLIGHTS (4) LED LAMPS 491-6735
SEAT BELT, 3'' SUSPENSION 206-1748
TIRES,12.5 80/16.9-24, GY/TI 464-9639
COUNTERWEIGHT, 530 LBS 337-9695
HITCH 3 POINT 462-5281
BUCKET-MP, 1.3 YD3, PO 337-7436
CUTTING EDGE, TWO PIECE 9R-5321
RIDE CONTROL 558-8376
INSTRUCTIONS, ANSI 596-7509
SERIALIZED TECHNICAL MEDIA KI 421-8926
BEACON, MAGNETIC MOUNT, STROB 433-0154
PRODUCT LINK, CELLULAR, PLE64 560-6797
BATTERY, HEAVY DUTY 516-5913
COUNTERWEIGHT, 198 LBS 463-6939
PACK, DOMESTIC TRUCK 0P-0210
SHIPPING/STORAGE PROTECTION 461-6839
RUST PREVENTATIVE APPLICATOR 462-1033
67 Quote 148607-01
WARRANTY & COVERAGE
Standard Warranty: 12 Months Full Machine
Extended Coverage: 36 MO/1500 HR POWERTRAIN + HYDRAULICS + TECH (Tier 4) CSA 36 Months / 1,500 Hours Parts Only (Includes SOS) (Quinn CVA)
PAYMENT TERMS
LIST PRICE $120,526.35
SOURCEWELL DISCOUNT CITY OF OXNARD (-22%) #032119-CAT -$26,515.80 SUBTOTAL $94,010.55
FREIGHT $2,400.00
PREP/PDI $1,950.00
Sub Total $98,360.55
Sales Tax (9.25%) $9,098.35
CA Tire Fee $7.00
TOTAL INVOICE $107,465.90
F.O.B/TERMS:
Oxnard Earthmoving
Accepted by___________________________________ on ____________________ ______________________________
Signature
68 Quote 148607-01
69 Quote 152859-01
152859-01
February 9, 2022
CITY OF OXNARD WASTE WATER TREATMENT PLANT
ATTN ACCOUNTS PAYABLE
6001 PERKINS RD
OXNARD, California 93033-9047
Attention: RAY TREVINO
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.
One (1) New Caterpillar Inc. Model: 262D3 Skid Steer Loader including standard and optional equipment as listed below.
STOCK NUMBER: NS0016467 SERIAL NUMBER: 0ZB204074 YEAR: 2022 SMU: 0 We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 90 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Barry Tovey
Machine Sales Representative
70 Quote 152859-01
One (1) New Caterpillar Inc. Model: 262D3 Skid Steer Loader including standard and optional equipment as listed below.
STANDARD EQUIPMENT
POWERTRAIN -Cat C3.3B diesel engine --Gross horsepower per SAE J1349 -74.3 hp (55.4 kW) @ 2400 RPM --Electric fuel priming pump --Glow plugs starting aid --Liquid cooled, direct injection -Air cleaner, dual element, radial seal -S-O-S sampling valve, hydraulic oil -Filter, cartridge type, hydraulic -Filters, canister type, fuel -and water separator -Radiator / hydraulic oil -cooler (side-by-side) -Spring applied, hydraulically released, -parking brakes -Hydrostatic transmission -Four wheel chain drive - HYDRAULICS -ISO or H pattern controls: -Electro/hydraulic implement control -Electro/hydraulic hydrostatic -transmission control ELECTRICAL -12 volt electrical system -80 ampere alternator -Ignition key start/stop/aux switch -Lights: --Gauge backlighting --Two rear tail lights --Dome light -Backup alarm -Electrical outlet, beacon - OPERATOR ENVIRONMENT -Operator warning system indicators: --Air filter restriction --Alternator output --Armrest raised/operator out of seat --Engine coolant temperature --Engine oil pressure --Glow plug activation --Hydraulic filter restriction --Hydraulic oil temperature --Park brake engages --Engine emission system -Gauges: fuel level and hour meter -Storage compartment with netting -Ergonomic contoured armrest -Control interlock system, when operator -leaves seat or armrest raised: --Hydraulic system disables --Hydrostatic transmission disables --Parking brake engages -ROPS cab, open, tilt up -Anti-theft security system w/6-button -keypad -FOPS, level I -Top and rear windows -Floormat -Interior rear view mirror -USB charging port -Horn -Hand (dial) throttle, electronic - FRAMES -Lift linkage, vertical path -Chassis, one piece welded -Machine tie down points (6) -Belly pan cleanout -Support, lift arm -Rear bumper, welded
OTHER STANDARD EQUIPMENT -Engine enclosure - lockable -Extended life antifreeze (-37C, -34F) -Work tool coupler -Hydraulic oil level sight gauge -Radiator coolant level sight gauge -Radiator expansion bottle -Cat ToughGuard TM hose -Heavy duty flat faced quick disconnects -with integrated pressure release -Split D-ring to route work tool hoses -along side of left lift arm -Variable speed hydraulic cooling fan -Per SAE J818-2007 and EN 474-3:2006 and -ISO 14397-1:2007 71 Quote 152859-01
MACHINE SPECIFICATIONS
262D3 SKID STEER LOADER 512-4262
LANE 2 ORDER 0P-9002
CAB PACKAGE, PRO PLUS 588-9089
RIDE CONTROL 556-5899
BATTERY,HD,DISCONNECT, 850 CCA 568-5602
REAR LIGHTS 356-6082
DOOR, CAB, GLASS 539-8060
SEAT BELT, 3'' 542-6995
PRODUCT LINK, CELLULAR PL243 566-7115
TIRES, 12/16.5 CAT 10PR 185-8666
CERTIFICATION ARR, P65 563-1163
INSTRUCTIONS, ANSI, USA 512-3741
SERIALIZED TECHNICAL MEDIA KIT 421-8926
FILM, SELF LEVEL, ANSI 435-9238
FILM, RIDE CONTROL, ANSI 422-3445
COUNTERWEIGHT,MACHINE,EXTERNAL 345-5148
PACK, DOMESTIC TRUCK 0P-0210
BUCKET-GP, 80'', BOT 279-5378
72 Quote 152859-01
WARRANTY & COVERAGE
Standard Warranty: 24 MONTHS / 2,000 HOURS FULL MACHINE Extended Coverage: 36 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH (Tier 4) CSA 36 MO / 1,500 HOURS PARTS ONLY (CFAS NAT'L OFFER)
LIST PRICE $76,113.00
Extended Warranty included
Machine Delivery and Prep $3,775.00
SOURCEWELL DISCOUNT (21%) ID#032119 CAT -$15,222.60
Net Balance $64,665.40
Sales Tax (9.25%) $5,981.55
AFTER TAX BALANCE $70,646.95
F.O.B/TERMS: OXNARD
Accepted by___________________________________ on ____________________ ______________________________
Signature
73 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 1 of 8 Quotation Expires: 04-29-22
To: City Of Oxnard Waste Water
Attn. Cliff Reilly & Luis Ortega
Phone: 805-271-2209
Terms: Subject To Credit Approval
Special pricing under Sourcewell formally (NJPA) program Caterpillar contract number Sourcewell 120617CAT
Sourcewell formally (NJPA) Member I.D. number for
City Of Oxnard 25781
Includes Caterpillar generator (Critical grade generator set) Site Location: Oxnard, CA
(1) New Caterpillar Model D80-8 Diesel Standby Generator Set EPA Certified Tier 3 / UL2200 Listed & IBC Certified Generator Set Rated 80 kW with fan, 60 Hz, Three phase, 277/480 volts at 1800 RPM.
Generator includes standard equipment and accessories listed in the attached bill of material.
Pricing ……………………………………………… Caterpillar List: $62,053.20 Plus Tax ……………………………………………….. Non Caterpillar Items: $41,467.34 Plus Tax ………………………………………………………..…………. Total: $103,520.54 Plus Tax
Sourcewell (Formally N.J.P.A.) Pricing ……………………..………………….….: $84,284.05 Sale Tax (9.25%) Please confirm …………………………………………..…………: $7,796.27 Total ……………………………………………………………………………………: $92,080.32
NOTE: Delivery is estimated at 30 - 33 weeks upon receipt of written order, acceptance, approval, and/or release of equipment.
74 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 2 of 8 Quotation Expires: 04-29-22
Bill of Material Generator Set
Engine: Heavy duty Caterpillar industrial diesel engine Model C4.4, 4 cylinder, in-line, 4.4 liter engine
Governor: Electronic
Electrical: 12 vdc, energized to run shutdown solenoid
Lead acid battery
Battery rack and cable
Cooling: Radiator and cooling fan, 125 deg F
Anti-freeze and corrosion inhibitor
Filtration: Dry air filters w/restriction indicator
Fuel filters
Full flow oil filters
Exhaust: Residential silencer, shipped loose on open units Installed inside enclosure on enclosed units
Alternator: Drip proof self excited, brushless
Class H insulation
Automatic, fully sealed, voltage regulator
+/- 1.5% regulation
Baseframe
: Fabricated steel base
Lifting holes and anchor holes
Circuit breaker stub up area
Coupling: Single bearing generator with flexible drive plate Mounts: Anti-vibration mounting pads between engine and base frame Guards: Fan, fan drive, alternator pulley and belt guards Radiator stone guard
Exhaust manifold heat guard
Fuel Sys: Fuel supply and return lines terminated at base frame, NPT threads Controls: Automatic start/stop control panel
AC voltmeter, Ammeter, Frequency , tachometer
Hour meter
Coolant temperature gauge
Oil pressure gauge
Battery voltmeter
Off/On/Auto switch
Emergency stop button
Phase selector switch
Cycle crank timer
Common fault alarm contacts
75 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 3 of 8 Quotation Expires: 04-29-22
Shutdown: Fail to start
High coolant temperature
Low oil pressure
Overspeed
Wiring: AC and Dc wiring looms w/ multi pin connectors
Circuit
Brkr: UL listed molded case circuit breaker mounted in NEMA 1 enclosure Manuals: (1) set Operation and Maintenance, wiring diagrams, trouble shooting leaflets
Tests: Factory load test, control and device checks
Finish: Sheetmetal is degreased, phosphated and chromated with a polyester powder finish. Engine and alternator are cleaned and finished with a baked industrial high gloss polyurethane paint
Additional Optional Generator Set Equipment Included In Sale Quotation:
Enclosure
Panel viewing window
Weather & sound attenuated enclosure (includes internal silencer system) Color (white) Level 2 Sound
IBC certification wind
External stop button
Circuit Breaker
250 Amp (Qty. 2)
SUSE Bar & Label
Auxiliary voltfree contacts
Generator
Anti condensation heater
Alternator size LC3114F
Permanent magnet generator
Miscellaneous Accessories
NFPA 110 Upgrade
UL 2200 Listed Package Generator Set
IBC Seismic Cert Of Compliance
76 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 4 of 8 Quotation Expires: 04-29-22
Control System (Upgrade control panel EMCP 4.2B with options) Panel mounted alarm
Volt free contacts
Oil Temp gauge
Overload alarm switch
Ground fault relay
I/O module (Shipped loose installed by others)
Oil temperature gauge
Mounting Accessories
Seismic vibration isolators
Fuel System
UL listed sub base mounted fuel tank
base (24 hour capacity) with fuel alarms
(low level / leak detected)
5 gallon spill bucket
12 foot vent extensions (standard vent)
12 foot vent extensions (emergency vent)
Cooling System
Coolant heater (High Efficiency)
Low coolant level shutdown
Coolant reservoir
Battery Charger
Standard battery
Battery charger
Miratech Passive DPF
Installed on generator set
Subject to Ventura County APCD
approval
Documentation
77 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 5 of 8 Quotation Expires: 04-29-22
UL 2200 listed package generator set
IBC Seismic Certification of Compliance
Operation and maintenance manual
Factory test reports
Standard test –Package generator set 0.8 PF
Alternator test report
PGS Test report @ 0.8 PF
Shop prep
Standard Warranty
Delivery to jobsite
Includes stinger truck crane service
Standard (Field test) (standard field test)
First CVA service (Included in sale quotation)
Fire Marshal testing not included in sale quotation if required Includes Disposal of existing generator set
PLEASE NOTE: No written specification’s provided for quotation VERY IMPORTANT NOTE: As a supplier of equipment, Quinn Power Systems (QPS) disclaims responsibility for any and all permits or licenses necessary to design, install and operate the equipment due to zoning, air quality, building or construction codes or use permits pertaining to buyers or buyers' client's, particular application of such equipment or any similar type of permit.
Special attention should be given to the requirements of the local Air Quality Management District (AQMD) rules, regulations and permit process. As an equipment supplier, QPS is proposing equipment to specifications as indicated herein. If additional equipment or engine modifications are required beyond the specifications as required by AQMD and Best Available Control Technology (BACT) guidelines, those items are not included.
For example, South Coast AQMD Rule 1470 requires controls and limits on particulate matter, especially when the engine installation is within 100-meters from a school. Unless specifically indicated in this proposal, compliance to this rule is the responsibility of others.
Ultra low sulfur fuel is required for particulate filters plus will be the required fuel starting in 2006.
When indicated in the bill of materials, the proposed equipment may be SCAQMD pre-approved as certified equipment. This certification does not eliminate the permit process or responsibility of others to obtain a permit. Procurement of certified equipment assures permitability, reduces the permit processing fees and reduces the time necessary to obtain the permit.
Only those items listed are included. Not included is any exhaust or fuel piping, main fuel tank, fuel, duct work, special tools, insulation, wiring, cable, bus duct, concrete, anchor bolts, rigging or any material or labor incidental to the installation itself.
If delivery is delayed by customer (Buyer) beyond original shipment date, purchase price is due 30 days after original shipment date and a hold charge of 1% per month (12% per annum) of the purchase price is due each month until delivery. Service charge of 1.5% per month (18% per annum) is applicable on any delinquent balance. 78 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 6 of 8 Quotation Expires: 04-29-22
When included, delivery, startup assistance, field testing, training or any other services required on site will be provided during the normal weekday working hours of 7:00 am to 4:30 pm. Delivery or services occurring at any other time, weekends or holidays is subject to additional charges.
Terms and conditions of Caterpillar warranty apply. The Manufacturers' warranties are exclusive and in lieu of all other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. QPSA is not a manufacturer and makes no warranty and shall not, under any circumstances, be liable for any indirect or special, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether arising from contract, tort, strict liability or any other theory of law.
If construction of the facility or other delays are experienced or expected, which prohibit the initial startup of the equipment beyond one year from delivery, additional costs should be anticipated. Additional costs might include, but not be limited to long term storage preparation, inspection charges, parts, service etc.
Terms of payment are net 30 days, no retentions; subject to credit approval. Per Company procedure, QPSA will file a California “Preliminary 20-day notice” applicable per Section 3097 of the California Civil Code.
Important conditions for export transactions. This transaction if for the sale of equipment only, as requested and as detailed in this proposal. Not included is any startup assistance, field-testing, training or any other services that might be required on site. Also not included is the responsibility of proper application and installation, installation audits, sea trials (if applicable), installation materials and the installation itself. To ensure proper application, installation, and warranty integrity, you are encouraged to contact the receiving Caterpillar Dealer for these services. The costs of these services are not included in the sale price nor will QPSA be responsible for any such related costs.
TERMS AND CONDITIONS
Acceptance of Order.
This Quotation if for Buyer's information only and is not a valid offer to sell unless signed by an officer of Seller in the place provided on the face of this Quotation. Prices, terms and conditions in an order from Buyer which are inconsistent with the prices, terms and conditions of this Quotation will be rejected by Seller, and are of no force and effect unless accepted in writing by Seller. Prices, delivery schedules and the scope of work on this Quotation are subject to change at Seller’s discretion.
Liability.
Seller's liability on any claim of any kind, including claims for negligence, or for any loss or damage arising out of or connected with the manufacture, sale, delivery, resale or use of any products covered by or furnished under any order shall be limited to those claims arising solely from the acts of Seller and Seller shall in no way be liable for any special or consequential damages.
Any claims against Seller for shortages in shipments shall be made in writing to Seller within fifteen (15) days of receipt of shipment by Buyer. Unless otherwise provided for in writing, Seller's responsibility for shipment ceases upon delivery to carrier, and any claims for shortage, delays or damage occurring thereafter shall be made direct to carrier by Buyer.
Fulfillment of any order accepted by Seller is subject to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation, delays in delivery of component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Seller.
Shipments.
Unless otherwise specified, shipment dates are approximate. Shipment of goods under any order accepted by Seller shall be subject to the approval by Seller of Buyer’s financial condition at the time of shipment. Whether or not terms of payment are specified elsewhere, Seller may, at its option, condition shipments under any order accepted by Seller upon receipt of satisfactory security or of cash prior to shipment.
79 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 7 of 8 Quotation Expires: 04-29-22
If, at Buyer’s request, shipment of goods under any order accepted by Seller is delayed more than thirty (30) days after the shipment date specified in the order, or the date the goods are ready for shipment, whichever is later, Seller may require immediate payment in full and/or assess additional charges for the expenses incident to such delay.
Termination.
In the absence of a written agreement between Buyer and Seller expressing different terms and conditions as to termination, any order accepted by Seller may be terminated prior to completion by Buyer only upon written notice to Seller and payment of Seller’s termination charges. If notice of termination is received by Seller after Seller has committed to buy the principal components for any order, termination charges shall include the total profit anticipated by Seller. Additionally, Buyer’s instruction to Seller to stop work for thirty (30) days during the time specified for performance in any order may be construed by Seller as the equivalent of written notice of termination from Buyer.
Taxes.
Unless expressly stated, Seller's prices do not include sales, use, excise or similar taxes, which Seller may be required to pay in filling Buyer's order. The amount of any applicable tax shall be paid by Buyer as an additional charge unless specifically included in any order accepted by Seller, or in lieu thereof, the Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.
Patents.
Seller shall, at its own expense, defend and save Buyer harmless from the expenses and consequences of any suit or procedure brought against Buyer, based on a claim that the use or sale of goods specified in any order accepted by Seller constitutes an infringement of any United States letters of patent in existence on the date of any such order; provided Buyer promptly notifies Seller in writing and gives the necessary authorization, information and assistance for the defense of such a claim.
Changes.
Seller, and Seller's suppliers, may, at any time, without notice to Buyer, make changes (whether in design, materials, the addition of improvements, or otherwise) in any goods specified in any order accepted by Seller without incurring any obligation of any kind as a result thereof, but only to the extent that such change does not cause the goods specified to fail to meet Buyer's requirements. Buyer may, in its order, provide for changes in its requirements with provision for a corresponding equitable change in the price, if any; but in no instance shall Buyer make changes, which are substantially different from the scope of the original order accepted by Seller.
Export Sales.
In the event the goods and services specified in any order accepted by Seller are for export, the Buyer shall be responsible for securing export, import and other licenses or authorizations as may be required. 80 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 8 of 8 Quotation Expires: 04-29-22
The quotation provided herein is for information only, and is not a valid offer to sell unless signed by a Sales Representative of Quinn Power Systems and an officer of your Company in the space provided below. Any offer to sell or any offer accepted shall be subject to the Terms and Conditions page. Unless expressly stated on the face of this quotation, all prices, delivery schedules and product specifications are subject to change without notice. Quotation is good for 30 days, expires after that duration.
Signature: ____________________
Sales Representative: Allen Abramovitch
Cell: 805-431-3180
Office: 805-485-2171
Submitted By: Allen Abramovitch
ACCEPTED BY:
Company: ____________________
Signature: ____________________
Date: ____________________
81 Quote 154982-01
154982-01
January 6, 2022
CITY OF OXNARD STREET DIV
ATTN ACCOUNTS PAYABLE
1060 PACIFIC AVE BLDG 2
OXNARD, California 93030-7337
Attention: Alexander Hernandez
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.
One (1) New Caterpillar Inc. Model: 289D3 Compact Track Loader including standard and optional equipment as listed below.
STOCK NUMBER: NEW SERIAL NUMBER: YEAR: 2022 SMU:
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 60 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Barry Tovey
Machine Sales Representative
82 Quote 154982-01
One (1) New Caterpillar Inc. Model: 289D3 Compact Track Loader including standard and optional equipment as listed below.
Standard Equipment
POWERTRAIN
Cat C3.3B diesel engine Filter, cartridge type, hydraulic -Gross horsepower per SAE J1349 Filters, canister type, fuel
74.3 hp (55.4 kW) @ 2400 RPM and water separator
-Electric fuel priming pump Radiator / hydraulic oil
-Glow plugs starting aid cooler (side-by-side)
-Liquid cooled, direct injection Spring applied, hydraulically released, Air cleaner, dual element, radial seal parking brakes
S-O-S sampling valve, hydraulic oil Hydrostatic transmission
UNDERCARRIAGE
Dual flange front idler, single flange Suspension - independent torsion axle(4) Rear idler Two speed motor
HYDRAULICS
ISO or H pattern controls: transmission control
Electro/hydraulic implement control Speed sensor guarding Electro/hydraulic hydrostatic
ELECTRICAL
12 volt electrical system -Two rear tail lights
80 ampere alternator -Dome light
Ignition key start / stop / aux switch Backup alarm
Lights: Electrical outlet, beacon
-Gauge backlighting
OPERATOR ENVIRONMENT
Operator warning system indicators: leaves seat or armrest raised:
-Air filter restriction -Hydraulic system disables
-Alternator output -Hydrostatic transmission disables
-Armrest raised / operator out of seat -Parking brake engages -Engine coolant temperature ROPS cab, open, tilt up
-Engine oil pressure Anti-theft security system w/6-button -Glow plug activation keypad
-Hydraulic filter restriction FOPS, Level I
-Hydraulic oil temperature Top and rear windows
-Park brake engages Floormat
-Engine emission system Interior rear view mirror
Gauges: fuel level and hour meter 12V electric socket
Storage compartment with netting Horn
83 Quote 154982-01
Ergonomic contoured armrest Hand (dial) throttle, electronic Control interlock dystem, when operator
FRAMES
Lift linkage, vertical path Belly pan cleanout
Chassis, one piece welded Support, lift arm
Machine tie down points (6) Rear bumper, welded
OTHER STANDARD EQUIPMENT
Engine enclosure - lockable Heavy duty flat faced quick disconnects Extended life antifreeze (-37C, -34F) with integrated pressure release Work tool coupler Split D-ring to route work tool hoses Hydraulic oil level sight gauge Along side of left lift arm Radiator coolant level sight gauge Hydraulic demand cooling fan Radiator expansion bottle Per SAE J818-2007 and EN 474-3:2006 and Cat ToughGuard TM hose ISO 14397-1:2007
84 Quote 154982-01
MACHINE SPECIFICATIONS
289D3 COMPACT TRACK LOADER 512-4289
LANE 3 ORDER 0P-9003
CAB PACKAGE, ULTRA 588-9134
RUBBER BELT, 2 SPD, TF IDLERS 357-0240
TRACK,RUBBER,450MM(17.7IN)BLCK 372-5790
HYDRAULICS, PERFORMANCE, (H3) 512-4319
CONTROL, ISO, PROP, WT 512-4115
RIDE CONTROL 556-5899
BATTERY,HD,DISCONNECT, 850 CCA 568-5602
LIGHTS, LED 495-1671
REAR LIGHTS 356-6082
ROPS, ENCLOSED WITH A/C (C3) 512-4195
SEAT,AIR SUSPENSION,CLOTH,HEAT 536-9738
DOOR, CAB, POLYCARBONATE 539-8061
STANDARD RADIO(12V),BLUETOOTH 345-6180
SEAT BELT, 3'' 542-6995
DISPLAY, ADVANCED, LCD, CAMERA 416-9265
FAN, COOLING, DEMAND 486-6957
PRODUCT LINK, CELLULAR PL243 566-7115
QUICK COUPLER, HYDRAULIC 512-3404
CERTIFICATION ARR, P65 563-1163
INSTRUCTIONS, ANSI, USA 512-3745
SERIALIZED TECHNICAL MEDIA KIT 421-8926
FILM,TWO SPEED W/HIGH FLOW XPS 568-4704
ROTATING BEACON 309-1325
COUNTERWEIGHT,MACHINE,EXTERNAL 345-5148
MOUNTING, FIRE EXTINGUISHER 563-7518
FILM, SELF LEVEL, ANSI 435-9238
FILM, RIDE CONTROL, ANSI 422-3445
PACK, DOMESTIC TRUCK 0P-0210
BUCKET-GP, 80'', BOCE 279-5377
BU118 SWEEPER
B8S HAMMER
FORK ASSEMBLY – 48” TINES
85 Quote 154982-01
WARRANTY & COVERAGE
Standard Warranty: 24 MONTHS / 2,000 HOURS FULL MACHINE Extended Coverage: 36 MO/3000 HR POWERTRAIN (Tier 4)
CSA 36 MO / 1,500 HOURS PARTS ONLY (INCLUDES SOS) (QUINN CVA) **SOURCEWELL CONTRACT #032119-CAT
LIST PRICE – 289D3 $107,774.00
SOURCEWELL DISCOUNT (21%) -$22,632.54
LIST PRICE – B8S HAMMER $14,656.00
SOURCEWELL DISCOUNT (15%) -$2,198.40
LIST PRICE – BU118 SWEEPER $8,009.00
SOURCEWELL DISCOUNT (15%) -$1,201.35
LIST PRICE – FORK ASSEMBLY 48” $1,132.00
SOURCEWELL DISCOUNT (15%) -$169.80
MACHINE PREP AND FREIGHT $4,625.00
NET BALANCE $109,993.91
SALES TAX $10,174.44
AFTER TAX BALANCE $120,168.35
F.O.B/TERMS:
Accepted by___________________________________ on ____________________ ______________________________
Signature
86 Quote 154982-01
87 Quote 153029-01
153029-01
October 22, 2021
CITY OF OXNARD STREET DIV
ATTN ACCOUNTS PAYABLE
1060 PACIFIC AVE BLDG 2
OXNARD, California 93030-7337
Attention: Alexander Hernandez
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.
One (1) New Caterpillar Inc. Model: WT-SSL Work Tool including standard and optional equipment as listed below.
STOCK NUMBER: SERIAL NUMBER: NEW YEAR: SMU:
CATERPILLAR PC306 COLD PALNER with WATER TANK
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Barry Tovey
Machine Sales Representative
88 Quote 153029-01
One (1) New Caterpillar Inc. Model: WT-SSL Work Tool including standard and optional equipment as listed below.
STANDARD EQUIPMENT
CONSIST NOTES: -This price list consists of Work Tools -for all models of Skid Steer Loader, -Multi-Terrain Loader and Compact Track -Loader -216, 226, 228, 232, 236, 239, 242, -246, 247, 248, 249, 252, 256, 257, -259, 262, 267, 268, 272, 277, 279, -287, 289, 297 and 299. -This Price List is split into the -headings below: -AUGERS -AUGER BITS -AUGER BITS: TREE FLIGHT -AUGER BITS:
ADAPTERS and EXTENSIONS -BACKHOES: BH130, BH150 - BH160 -BALE GRABS -BALE SPEARS -BLADES, ANGLE -BLADES, DOZER 6 WAY -BLADES, SMART GRADER -BROOMS: ANGLE -BROOMS: PICKUP -BROOMS: UTILITY -BRUSH CUTTERS -BUCKETS: GENERAL PURPOSE -BUCKETS: LOW PROFILE (DIRT) -BUCKETS: LIGHT MATERIAL -BUCKETS: MATERIAL HANDLING -BUCKETS: MIXING -BUCKETS: MULTI PURPOSE -BUCKETS: SKELETON -BUCKETS: UTILITY -BUCKET OPTIONS: TOOTH BARS -COLD PLANERS -COMPACTORS, VIBRATORY -CONVERSION KITS -CARRIAGES - FORKS / TINES -FORKS, UTILITY -INDUSTRIAL GRAPPLE FORKS -UTILITY GRAPPLE FORKS -INDUSTRIAL GRAPPLE BUCKETS -INDUSTRIAL GRAPPLE RAKES -UTILITY GRAPPLE BUCKETS -UTILITY GRAPPLE GROUP -HAMMERS -LANDSCAPE RAKES -LANDSCAPE TILLERS -MACHINE ATTACHMENTS -MATERIAL HANDLING ARM -MULCHERS -POWER BOX RAKES -WHEEL
SAWS -SHEAR -SILAGE DEFACER -SNOW BLOWERS -SNOW PLOW -SNOW PUSHES, STRAIGHT -SNOW WINGS -SECTIONAL SNOW PUSHES -STUMP GRINDERS -TRENCHERS -DEMO CONTROL KIT -FOR NORTH AND SOUTH AMERICA -Orders will automatically transfer -from CMOPS to Antares Parts Ordering. -FOR THE REST OF THE WORLD -This price list is for REFERENCE ONLY. -Work Tool orders must be placed using -Antares Parts Ordering. -FOR JAPAN -Please access the usual regional -resources to obtain pricing information. -For BCP Attachment Product and -Application Support -1-866-963-3531, Option #1, Option #2 -E-mail: [email protected] -For Order Management/Availability -Support -1-866-963-3531, Option #1, Option #1 -E-mail: [email protected] -IMPORTANT for EAC or EAEU Dealers: -(country codes: AM, BY, KY, KZ, RU) -Work tools that DO require certifica- -tion for the EAEU market access and -WILL NOT be certified by Caterpillar: -Augers, Box Blades, Backhoe Attachm., -Bale Grabs, Brush cutters, Compact- -ors, Cold planners, Grapple buckets -Hydr.Couplers, Material handlng arm, -Mixing Bucket, Mulchers, Rakes, Power -Box Rakes, Tillers, Silage Defacers, -Snow Blowers, Stump Grinders, -Trenchers, V-Plow Blades, Wheel Saws -Above statement is NOT related to the -compatibility of those tools to machines 89 Quote 153029-01
MACHINE SPECIFICATIONS
SKID STEER LOADER WORK TOOLS 0P-0096
COLD PLANER, PC306, 42GAL TANK 529-5791
90 Quote 153029-01
WARRANTY & COVERAGE
Standard Warranty: 12 MONTHS FULL MACHINE
LIST PRICE $35,360.00
Less Sourcewell Discount (15% Work Tools) #032119-CAT -$5,304.00 Freight/Prep $850.00
Net Balance Due $30,906.00
Sales Tax (9.25%) $2,858.81
After Tax Balance $33,764.81
F.O.B/TERMS: Oxnard
Philip Schwieder 2/2/2022
Accepted by___________________________________ on ____________________ ______________________________
Signature
91 Quote 153466-01
153466-01
February 9, 2021
CITY OF OXNARD - DEL NORTE RECYCLING
ATTN JAMES TORREZ
111 S DEL NORTE BLVD
OXNARD, California 93030
Attention: Lupe Olguin
Dear Lupe,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.
One (1) New Caterpillar Inc. Model: 262D3 Skid Steer Loader including standard and optional equipment as listed below.
STOCK NUMBER: NEW SERIAL NUMBER: YEAR: 2022 SMU: 0
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 90 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Barry Tovey
Machine Sales Representative
92 Quote 153466-01
One (1) New Caterpillar Inc. Model: 262D3 Skid Steer Loader including standard and optional equipment as listed below.
STANDARD EQUIPMENT
POWERTRAIN -Cat C3.3B diesel engine --Gross horsepower per SAE J1349 -74.3 hp (55.4 kW) @ 2400 RPM --Electric fuel priming pump --Glow plugs starting aid --Liquid cooled, direct injection -Air cleaner, dual element, radial seal -S-O-S sampling valve, hydraulic oil -Filter, cartridge type, hydraulic -Filters, canister type, fuel -and water separator -Radiator / hydraulic oil -cooler (side-by-side) -Spring applied, hydraulically released, -parking brakes -Hydrostatic transmission -Four wheel chain drive - HYDRAULICS -ISO or H pattern controls: -Electro/hydraulic implement control -Electro/hydraulic hydrostatic -transmission control ELECTRICAL -12 volt electrical system -80 ampere alternator -Ignition key start/stop/aux switch -Lights: --Gauge backlighting --Two rear tail lights --Dome light -Backup alarm -Electrical outlet, beacon - OPERATOR ENVIRONMENT -Operator warning system indicators: --Air filter restriction --Alternator output --Armrest raised/operator out of seat --Engine coolant temperature --Engine oil pressure --Glow plug activation --Hydraulic filter restriction --Hydraulic oil temperature --Park brake engages --Engine emission system -Gauges: fuel level and hour meter -Storage compartment with netting -Ergonomic contoured armrest -Control interlock system, when operator -leaves seat or armrest raised: --Hydraulic system disables --Hydrostatic transmission disables --Parking brake engages -ROPS cab, open, tilt up -Anti-theft security system w/6-button -keypad -FOPS, level I -Top and rear windows -Floormat -Interior rear view mirror -USB charging port -Horn -Hand (dial) throttle, electronic - FRAMES -Lift linkage, vertical path -Chassis, one piece welded -Machine tie down points (6) -Belly pan cleanout -Support, lift arm -Rear bumper, welded
OTHER STANDARD EQUIPMENT -Engine enclosure - lockable -Extended life antifreeze (-37C, -34F) -Work tool coupler -Hydraulic oil level sight gauge -Radiator coolant level sight gauge -Radiator expansion bottle -Cat ToughGuard TM hose -Heavy duty flat faced quick disconnects -with integrated pressure release -Split D-ring to route work tool hoses -along side of left lift arm -Variable speed hydraulic cooling fan -Per SAE J818-2007 and EN 474-3:2006 and -ISO 14397-1:2007 93 Quote 153466-01
MACHINE SPECIFICATIONS
262D3 SKID STEER LOADER 512-4262
LANE 3 ORDER 0P-9003
CAB PACKAGE, PRO 588-9087
HYDRAULICS, PERFORMANCE, (H1) 512-4317
CONTROL, ISO, PROP 512-4111
POWERTRAIN, ONE SPEED 512-4176
RIDE CONTROL 556-5899
BATTERY, HEAVY DUTY, 850 CCA 568-5606
LIGHTS, LED 495-1671
REAR LIGHTS 356-6082
ROPS, ENCLOSED WITH A/C (C3) 512-4195
SEAT, SUSPENSION, VINYL 532-7673
DOOR, CAB, POLYCARBONATE 539-8061
RADIO READY 345-6175
SEAT BELT, 3'' 542-6995
DISPLAY, ADVANCED, LCD, CAMERA 416-9265
FAN, COOLING, DEMAND 486-6957
PRODUCT LINK, CELLULAR PL243 566-7115
TIRES, 33X6X11 CAT FLEX SOLID 252-0377
QUICK COUPLER, HYDRAULIC 512-3404
CERTIFICATION ARR, P65 563-1163
INSTRUCTIONS, ANSI, USA 512-3741
SERIALIZED TECHNICAL MEDIA KIT 421-8926
ROTATING BEACON 309-1325
COUNTERWEIGHT,MACHINE,EXTERNAL 345-5148
MOUNTING, FIRE EXTINGUISHER 563-7518
FILM, RIDE CONTROL, ANSI 422-3445
PACK, DOMESTIC TRUCK 0P-0210
BUCKET-IND. GR, 80'', BOCE 217-6230
94 Quote 153466-01
WARRANTY & COVERAGE
Standard Warranty: 24 MONTHS / 2,000 HOURS FULL MACHINE Extended Coverage: 36 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH (Tier 4) CSA 36 MO / 1,500 HOURS PARTS ONLY (CFAS NAT'L OFFER)
LIST PRICE $80,147.00
Extended Warranty Included
Machine Delivery and Prep $3,775.00
Sourcewell Discount (21%) ID#032119-CAT - $16,830.87
Net Balance $67,091.13
Sales Tax $6,205.93
AFTER TAX BALANCE $73,297.06
F.O.B/TERMS: Oxnard
Accepted by___________________________________ on ____________________ ______________________________
Signature
95 Quote 155629-01
155629-01
February 9, 2022
CITY OF OXNARD - DEL NORTE RECYCLING
ATTN JAMES TORREZ
111 S DEL NORTE BLVD
OXNARD, California 93030
Attention: JAMES TORREZ
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.
One (1) New Caterpillar Inc. Model: WT-MWL Work Tool including standard and optional equipment as listed below.
STOCK NUMBER: NEW SERIAL NUMBER: YEAR: SMU:
CUSTOM CAT TAMP BUCKET - 5.75YD
With Bolt On Cutting Edge
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 90 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Barry Tovey
Machine Sales Representative
96 Quote 155629-01
One (1) New Caterpillar Inc. Model: WT-MWL Work Tool including standard and optional equipment as listed below. 97 Quote 155629-01
MACHINE SPECIFICATIONS
FUSION 119'' 5.75 YD3 TAMP BUCKET WITH BOLT ON CUTTING EDGE See Attached Specification Pictures
98 Quote 155629-01
WARRANTY & COVERAGE
Standard Warranty: 12 MONTHS
LIST PRICE $41,956.00
SOURCEWELL DISCOUNT (15%) ID# 032119-CAT -$6,293.40
SUB TOTAL $35,662.60
FREIGHT/PREP/DELIVERY $2,675.00
TOTAL $38,337.60
TAX $3,546.23
TOTAL INVOICE CITY OF OXNARD – DEL NORTE RECYCLING $41,883.83
PAYMENT TERMS
Cash Invoice Terms
CASH WITH ORDER
$0.00
F.O.B/TERMS:
ADDITIONAL CONSIDERATIONS
• Delivery is approx. 33 weeks from order
Accepted by___________________________________ on ____________________ ______________________________
Signature
99 100
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4
DATE: April 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Second Amendment to Agreement 8795-19-PW to Casamar Group LLC for On-Call Labor Compliance Monitoring and Reporting Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement 8795-19-PW with Casamar Group, LLC in the amount of $500,000 for a new not to exceed contract amount of $1,000,000 with a three percent (3%) per year rate increase effective October 15, 2022 and to extend the term to October 14, 2025 for professional services for labor compliance monitoring.
(Public Works and Transportation Committee approved 2-0.)
BACKGROUND
The City requires on-call professional services through consultants for specialized services in order to complete various projects including labor compliance services. Due to the specialized work and the significant amount of active construction projects now and anticipated in the near-future, Public Works does not have the resources to dedicate solely to these services internally and therefore utilizes these outside service agreements on all construction projects.
The Professional Services under this On-Call Agreement is composed of task orders for each individual project. The scope of services shall include labor compliance monitoring consisting of the scope of services listed in the Scope of Services Exhibit attached hereto.
DISCUSSION
The specific work for this Agreement includes On-Call Labor Compliance Monitoring Professional Services as described in the Scope of Services Exhibit in accordance with the Contract Documents.
The City Manager approved the original agreement with Casamar Group, LLC on October 15, 2019 in the amount of $200,000. On July 20, 2021 City Council approved the First Amendment to increase the not to exceed contract amount to $500,000. The current agreement will expire on October 14, 2022. Based on the projected amount of construction projects over the next 3-year period, as well as the current task orders that are encumbered against this Agreement and the upcoming expiration date of the contract, staff recommends extending the contract term for an additional three year period and increasing the not to exceed amount of the contract to $1,000,000.
Effective October 15, 2022 a three percent (3%) per year rate increase will become effective against the Costs and Rates Exhibit from the 2019 contract. The effective dates of the rate increase shall be October 15, 2022, October 15, 2023 and October 15, 2024.
STRATEGIC PRIORITIES
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This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The total cost for this Amendment with Casamar shall not exceed $500,000 with a new not to exceed total of $1,000,000 for labor compliance monitoring. Funding will be charged to a given project or funding source dependent upon the services performed by task orders. The respective Department/Project Manager will ensure sufficient funding is available in the City Council-approved operating budget or CIP project budget for related tasks prior to initiating task order or services performed.
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on March 22, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Amendment No. 2 to Agreement 8795-19-PW
2. Agreement 8795-19-PW and First Amendment (Executed)
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Agreement No. 8795-19-PW
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment (“Second Amendment") to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this 19 day of April , 2022, by and between the City of Oxnard, a municipal corporation (“City”), and Casamar Group, LLC (“Consultant”). This Second Amendment amends the Agreement entered into on October 15, 2019, by City and Consultant. The Agreement previously had been amended by a First Amendment on July 20, 2021.
City and Consultant agree as follows:
1. Item (5) of the Cover Page of the Agreement, the Agreement Ending Date “October 14, 2022” is hereby deleted and replaced with “October 14, 2025”.
2. Item (6) of the Cover Page of the Agreement, the Total Agreement Amount Not to Exceed value of “$500,000” is hereby deleted and replaced with "$1,000,000”.
3. Section 5. Compensation of the Agreement, is hereby replaced in its entirety to read as follows:
For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, as amended, at the rates listed in the Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in the Rates and Costs Exhibit shall be in effect through October 14, 2022.
Effective October 15, 2022, a three percent (3%) per year rate increase will become effective. Effective dates of rate increases are: October 15, 2022, October 15, 2023 and October 15, 2024. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.
4. The following Section 41 Iran Contracting Act Certification shall be added to the Agreement.
“In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public 103
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Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with this Agreement and must be signed and dated under penalty of perjury.”
5. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD CASAMAR GROUP, LLC
________________________________ _________ ___________________________ _________ ⛝ John C. Zaragoza, Mayor1 Date Joseph Garcia, President/ Owner2 Date ☐ Alexander Nguyen, City Manager
☐ Daniel Willhite, Purchasing Manager
☐ [name], Buyer
ATTEST:
__________________________________ ___________
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
__________________________________ ___________
Stephen M. Fischer,, City Attorney Date
(always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
2 The City requires the following for any contract:
⬝ For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
⬝ For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
⬝ For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 105
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IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.
To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.
OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.
Company Name/Financial Institution (printed): Federal ID Number (or n/a):
By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.
Company Name/Financial Institution (printed): Federal ID Number (or n/a):
By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ 106
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5
DATE: April 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement A-8442 with Clean Earth Environmental Solutions, Inc. for the Collection, Removal, Transport, Recycling, and Disposal of Recyclable Household Hazardous Waste.
RECOMMENDATION
That the City Council authorize the Mayor to execute Agreement A-8442 with Clean Earth Environmental Solutions, Inc. in an amount not to exceed $750,000 for a three-year term; for the collection, removal, transport, recycling, and disposal of Recyclable Household Hazardous Waste (RHHW).
(Public Works and Transportation Committee approved 2-0.)
BACKGROUND
Regulations from the California Department of Resources Recycling and Recovery (CalRecycle) and the California Department of Toxic Substances Control (DTSC) require that Recyclable Household Hazardous Waste (RHHW) material that is collected at permitted facilities such as the City of Oxnard's Del Norte Antifreeze, Battery, Oil and Paint (ABOP) and Buyback Center, and that show up in the waste stream during processing at the Del Norte Regional Recycling and Transfer Station (Del Norte) be continuously processed and removed from the premises within 90 days of collection.
Failure to comply with the CalRecycle or DTSC regulations will subject the City to fines or penalties. Once collected, these materials must then be separated, manifested and transported to a permitted facility by a permitted transportation method. Del Norte has been using a third party vendor for the removal, transportation, recycling, and disposal of RHHW since opening in 1996. This agreement will replace the current Agreement which will expire on May 7, 2022.
This proposed agreement will include the loading and transporting of RHHW items accepted at the Del Norte ABOP and Buyback Center which include antifreeze; household and automotive batteries; used motor oil and oil filters; latex and water based paints and all types of light bulbs. The Del Norte ABOP and Buy Back Center is located at the Del Norte Regional Recycling Center located at 111 South Del Norte Boulevard, Oxnard, and it is open Tuesday through Saturday from 9:00 AM – 3:00 PM. There is no appointment necessary and no charge for City of Oxnard residents.
The proposed agreement will also include the loading and transporting of items not accepted at the Del Norte ABOP and Buyback Center but show up in the waste stream. These items include oil-based paints; liquid cleaners; solvents; absorbent waste; aerosols; propane tanks and non-propane tanks; and other potentially hazardous materials requiring special care.
DISCUSSION
On December 15, 2021, the Purchasing Department released Request for Bid PW 22-68 for Collection and Transportation of Recyclable Household Hazardous Waste (RFB). The RFB was advertised on the City of Oxnard website, and the Public Purchase website. A total of 33 firms received the bid notification, and five firms responded with bids by the January 19, 2022, deadline. After review of submitted bids, Clean Earth Environmental provided the lowest 129
cost for collection and transportation for RHHW that is collected at the Del Norte ABOP and Buy Back Center and RHHW that shows up in the waste stream. Clean Earth Environmental has been found to meet all City required contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. The following bid results is the summation of the per unit cost for all products requested for collection and transportation:
Vendor Bid Results Per Unit Cost For All Products
Clean Earth Environmental $6,836.20
Patriot Environmental Services $8,054.20
Clean Harbors Environmental $8,711.37
Black Gold Industries $11,592.05
USA Waste of California $15,068.71
The City aims to reflect the waste disposal hierarchy established by the State of California in its programs as much as possible. This hierarchy calls for source reduction and reuse first, then recycling and reclamation whenever feasible.
Environmentally sound incineration and hazardous waste landfill disposal are considered the least desirable options. This item supports the City’s efforts to recycle, process, treat, minimize, and consolidate as much RHHW as possible prior to final disposal, and provides the certificates and documentation needed to comply with local laws and State regulations.
Based upon the available information and research on Clean Earth Environmental, the contractor is capable of satisfactorily providing the services for the collection and transportation or RHHW.
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
The total cost of this agreement with Clean Earth Environmental Solutions shall not exceed $750,000 for a three-year term through May 7, 2025. There is no minimum monthly retainer fee nor minimum volume guarantee for services rendered by Clean Earth. The City will be charged for volumes of RHHW collected based on agreed upon pricing set forth in the contract for each type of RHHW collected. There are sufficient funds available in the City Council approved Environmental Resources Operating Budget for Fiscal Year 2021-22 in the amount of $45,000 for the collection and transportation of RHHW. Future year allocations will be requested each year during the budget process.
Clean Earn Environmental Solutions
Spending Plan
FUND FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 TOTAL
Environmental Resources - 631-6301-842-
8209
$45,000 $250,000 $250,000 $205,000 $750,000
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COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on March 22, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Brian Yanez, Assistant Public Works Director, Todd Vasquez-Housley, Environmental Resources Division Manager
ATTACHMENTS
1. A-8442 Clean Earth Environmental Solutions, Inc.
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Agreement No. A-8442
AGREEMENT FOR TRADE SERVICES
COVER PAGE
(1) Agreement Start Date: May 8, 2022
(2) Vendor: Clean Earth Environmental Solutions, Inc.
(3) Services: Vendor shall provide all labor, materials, and equipment for the collection, removal, transport, recycling, and disposal containment of Recyclable Household Hazardous Waste (RHHW). The Vendor shall collect, remove, and transport RHHW from the Del Norte Regional Recycling and Transfer Station (Del Norte) to recycling disposal areas per the Scope of Services Exhibit
(4) Schedule of Services: On-call schedule for the collection, removal, transport, recycling, and disposal containment of RHHW.
(5) Agreement Ending Date: May 7, 2025
(6) Total Agreement Amount: $750,000
(7) City’s Project Manager: Todd Vasquez-Housley, Environmental Resources Division Manager (8) Vendor’s Project Manager: Luis Perez, Project Manager and Jennifer Wagner, HHW Account Manager (9) Insurance Coverage: INS- I (Includes Pollution Legal Liability) (10) What wages are required for this Project?
☐ Living wage but not prevailing wages, in which case: Section 20(a) through (d) and the Living Wage Policy Exhibit are incorporated and are required; but Section 20(e) and the Prevailing Wage Exhibit are not incorporated and are not required.
☐ Prevailing wages but not living wage, in which case: Section 20(e) and the Prevailing Wages Exhibit are incorporated and are required; but Section 20(a) through (d) and the Living Wage Policy Exhibit are not incorporated and are not required.
☐ Both living wage and prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are incorporated and required. ☐ Neither living wage nor prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are not incorporated and are not required. (11) Addresses for Notice:
FOR VENDOR: FOR CITY:
Clean Earth Environmental Solutions, Inc. City of Oxnard - Environmental Resources 2490 West Pomona Blvd. 111 South Del Norte Blvd.
Pomona, CA 91768 Oxnard, CA 93030
Attn: Luis Perez, Project Manager Attn: Todd Vasquez-Housley, Division Manager Jennifer Wagner, HHW Account Manager
(12) Contact Emails:
VENDOR’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
Luis Perez, [email protected] Todd Vasquez-Housley, [email protected] Jennifer Wagner, [email protected]
The Agreement for Trade Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐ Scope of Services Exhibit ☐ Living Wage Policy Exhibit ☐ Rates and Costs Exhibit ☐ Prevailing Wages Exhibit
☐ Schedule of Services Exhibit ☐ Insurance Exhibit (INS-I with Pollution Legal Liability) 132
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AGREEMENT FOR TRADE SERVICES
THIS AGREEMENT FOR TRADE SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Vendor” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Vendor shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Vendor shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.
2. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.
3. Compensation. For the Services performed during the term of this Agreement, City shall pay Vendor an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in the Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in the Rates and Costs Exhibit shall be in effect through the end of this Agreement unless otherwise stated therein.
4. Invoices. Vendor shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].
5. Most Favored Nation. Throughout the term of the Agreement, in the event Vendor provides the Services having terms more favorable than this Agreement to any person or entity other than City, Vendor shall notify City within 10 calendar days of signing the other contract, or if there is no other contract, of finalizing that deal or providing any services, whichever occurs first in time. In that notice, Vendor shall offer City to amend this Agreement to reflect such more favorable terms into this Agreement without any contingency to amend any other provision of this Agreement.
6. Acceptance of Payment. Vendor’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Vendor for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Vendor for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Vendor and its employees, agents and subcontractors. Vendor shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Vendor or materials or products provided to City by Vendor, Vendor shall pay the sales tax. City shall not reimburse Vendor for sales taxes paid by Vendor.
7. Non-binding Terms. Any terms and conditions that are typed, printed, or otherwise included in any Vendor invoice rendered pursuant to this Agreement shall be deemed to be solely for the convenience of the parties. No such term or condition shall be binding upon City, and no action by City (including, without limitation, the payment of any such invoice in whole or in part) shall be construed as binding City with respect to any such term or condition, unless the specific term or condition has been previously agreed to by Vendor and City in this Agreement or in a binding amendment thereto.
8. Non-Appropriation of Funds. Payments to be made to Vendor by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered
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appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager or Department Director.
Vendor hereby designates the person in the position listed in “(8) Vendor’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Vendor.
10. Personnel. Vendor represents that it has or shall secure at its own expense all personnel required to perform the Services. Vendor shall make reasonable efforts to maintain the continuity of Vendor’s staff who are assigned to perform the Services. Vendor may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Vendor’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Vendor’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.
11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Vendor shall perform such work, and City shall pay for such additional work, in accordance with the Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Vendor shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Vendor for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Vendor did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.
12. Advertising and Publicity. Vendor shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
13. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Vendor in preparing its billings to City as a condition precedent to any payment to Vendor; or for other purposes relating to the Agreement. Vendor will promptly furnish all documents requested by City.
Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Vendor for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Vendor shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Vendor shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Vendor shall include a copy of this Section in all contracts with its subcontractors, and Vendor shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
14. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 calendar days’ prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 15 calendar days from the date of the notice. Vendor may terminate this Agreement at any time, with or without cause and without penalty, upon 30 calendar days’ prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 30 calendar days from the date of notice and only if all assignments accepted by Vendor have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Vendor, City shall pay Vendor compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the
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Vendor receive an amount exceeding that which would have been paid to Vendor for the full performance of the Services. If City pays for any materials, City shall be entitled to the title and possession of such.
15. Hold Harmless, Defense and Indemnity.
To the fullest extent permitted by law, Vendor shall immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with Vendor’s performance of this Agreement or Vendor’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Vendor’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section 15 are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees. a. The duty to defend is a separate and distinct obligation from Vendor’s duty to indemnify. Vendor shall be obligated to defend in all legal, equitable, administrative, or special proceedings with counsel approved by the City Attorney immediately upon tender to Vendor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve Vendor from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Vendor asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, Vendor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs. b. The review, acceptance or approval of Vendor’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Vendor’s indemnification or defense obligations. This Section 15 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 15 shall not be restricted by and do not affect the provisions of this Agreement relating to insurance. c. In the event of a final adjudication where an indemnitee is found to have been proportionately negligent, the indemnitee shall reimburse the indemnitor for their proportional share of such liability.
16. Insurance. Vendor shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Vendor shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit. Maintenance of insurance coverages by Vendor is a material element of this Agreement. Vendor’s failure to maintain or renew insurance coverages or to provide renewal evidence may be considered a material breach of this Agreement.
17. Documents and Materials.
a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Vendor pursuant to this Agreement (“Documents and Materials”) shall be the property without restriction or limitation upon its use, duplication or dissemination by the City. All Documents and Materials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Vendor shall not obtain or attempt to obtain copyright protection as to any Documents
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and Materials. Vendor hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 17. b. Vendor shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Vendor shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Vendor prepares Documents and Materials on a computer, Vendor shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Vendor may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.
c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of uncompleted Documents and Materials, without the written consent of Vendor, shall be at City’s sole risk and without liability or legal exposure to Vendor. d. Vendor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials. Vendor shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Vendor, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
e. This Section 17 shall survive the termination of this Agreement.
18. Confidentiality of Information.
a. For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Vendor or is developed by Vendor in whole or in part at the City’s expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Vendor without the written consent of the City, except as may be necessary for Vendor to fulfill its obligations to the City. c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Vendor at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Vendor, (ii) is communicated to a third party with the express written consent of City and is not subject to
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restrictions on further use or disclosure, (iii) is independently developed by Vendor and has no relation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Vendor shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible. d. Vendor shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Vendor. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Vendor in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 18 shall survive the termination of this Agreement.
19. Independent Contractor. Vendor is and shall at all times remain, as to City, a wholly independent contractor.
Neither City nor any of its employees or agents shall have control over the conduct of Vendor or any of its employees, except as stated in this Agreement. Vendor has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Vendor, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Vendor from rendering any services for Vendor’s own account or to any other person or entity as Vendor in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Vendor shall perform for the City. Except as City’s Project Manager specifies in writing, Vendor and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Vendor and its employees are not employees of City.
Vendor and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Vendor shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Vendor shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Vendor’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Vendor under this Agreement any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.
20. Wages. If the first option is selected in response to (10) on the Cover Page and, thus, the payment of living wage is required, only this paragraph and subsections (a) through (d) of this Section 20 shall apply. If the second option is selected in response to (10) on the Cover Page and, thus, the payment of prevailing wages (and related Labor Code provisions) is required, only this paragraph and subsection (e) of this Section 20 shall apply. If the third option is selected in response to (10) on the Cover Page and, thus, both the payment of living wage and prevailing wages (and related Labor Code provisions) is required, this paragraph and subsections (a) through (e) shall apply, meaning Vendor shall compensate all of its employees providing services to City in accordance with both the City’s Living Wage Policy and State-required prevailing wages. In the event of a conflict between the City’s Living Wage
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Policy and State-required prevailing wages, the higher of the two shall prevail. If the fourth option is selected in response to (10) on the Cover Page and, thus, neither the payment of living wage nor prevailing wages (and related Labor Code provisions) is required, no part of this Section 20 shall apply.
If either the first or third option is selected in response to (10) on the Cover Page, Vendor shall compensate any employee of Vendor who provides Services to the City under this Agreement in accordance with the Living Wage Policy Exhibit, which is attached hereto and incorporated herein by this reference. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Vendor agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002, and effective October 1, 2002. b. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately. c. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
d. If either the second or third option is selected in response to (10) on the Cover Page, in accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The Vendor shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Public Works Director and are available to any interested party upon request. The Vendor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at the job site. The Vendor shall comply with all provisions of the Prevailing Wage Exhibit, which is attached hereto and incorporated herein by this reference.
21. Nondiscriminatory Employment. Vendor shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Vendor understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Vendor shall be responsible for such subcontractor’s compliance with this Section.
22. Vendor’s Representations. Vendor represents, covenants and guarantees that: a) Vendor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Vendor’s full performance under this Agreement; c) to the extent required by the standard of practice, Vendor has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.
23. Compliance with Laws. In performing the Services under this Agreement, Vendor shall comply with all applicable laws, ordinances and regulations. Before performing the Services under this Agreement, Vendor shall obtain all required licenses and permits, including a City business tax certificate.
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24. Conflict of Interest. If, in performing the Services set forth in this Agreement, Vendor makes, or participates in, a “governmental decision” as described in Title 2, Section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Vendor shall be subject to City's conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Vendor’s personnel providing the Services set forth in this Agreement. Furthermore, Vendor shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Vendor “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Vendor has been retained pursuant to this Agreement.
25. Fictitious Name. If Vendor has a fictitious name, Vendor shall submit to City a new Fictitious Business Name Statement approved by any California county before Vendor’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.
26. Non-Assignability. Vendor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Vendor shall hold harmless, defend and indemnify Indemnitees regarding all Claims arising from or relating to any unauthorized assignment.
27. Protection of Services. Vendor shall continuously maintain adequate protection of all of Vendor’s work from damage and shall protect the City’s property from any and all injury or loss arising in connection with this Agreement. Vendor shall take all necessary precaution for the safety of employees on the job and shall comply with all applicable provisions of federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to any premises where the Services are being performed.
28. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Vendor.
29. Applicable Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.
30. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
31. Force Majeure. Neither City nor Vendor shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.
32. Authority. Any person executing this Agreement on behalf of Vendor warrants and represents that s/he has the authority to execute this Agreement on behalf of Vendor and to bind it to the performance of these obligations.
33. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.
34. Cumulative Remedies. All rights and remedies of City herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance for the enforcement of this Agreement, and temporary and permanent injunctive relief.
35. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Vendor regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations,
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agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.
36. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.
37. No Waiver. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
38. Attorneys’ Fees. The prevailing party shall be entitled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addition to any other relieve to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.
39. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received—on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(11) Addresses for Notice” on the Cover Page or to such other address as one party may notify the other in writing.
40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement. A signed copy of this Agreement transmitted by email to either of City or Vendor’s Project Managers’ emails listed in “(12) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
41. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
42. Limitation of Liability. In no event shall Vendor be liable under this agreement to City or any third party for consequential, indirect, incidental, liquidated, exemplary, punitive, or enhanced damages, lost profits or revenues, or diminution in value, arising out of, relating to, or in connection with any breach of this (Agreement), regardless of (a) whether such damages were foreseeable, (b) whether or not it was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. [Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.
CITY OF OXNARD CLEAN EARTH ENVIRONMENTAL
SOLUTIONS, INC.
☐ John C. Zaragoza, Mayor Date David Stanton, Date 1
☐ Alexander Nguyen, City Manager President
☐ , Purchasing Manager
☐ , Buyer
Melinda Rath, Date
ATTEST: Senior Vice President,
Sales and Customer Service
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
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SCOPE OF SERVICES EXHIBIT
Hazardous Waste Transportation: The Vendor shall load Recyclable Household Hazardous Waste (RHHW) designated for shipment (i.e., full drums, cubic yard boxes, etc), into Vendor’s truck. Vendor shall be licensed with the State of California Department of Toxic Substances Control and must have all necessary federal, state, and local permits and approvals. Vendor’s drivers, vehicles and equipment used to transport program hazardous waste shall be certified for use in handling and transportation of hazardous waste.
The Vendor shall transport all RHHWto pre-designated recycling, treatment or disposal facilities in accordance with federal, state, and local laws and regulations. These facilities shall be licensed by the resident state and the United States Environmental Protection Agency. Facilities that are located within the State of California must be approved by the State Department of Toxic Substances Control.
Non-conforming RHHW may be rejected by Vendor. Title, risk of loss and all other incidents of ownership to non-conforming RHHW shall remain at all times with the City (the generator). RHHW shall be considered non-conforming if it is not properly packaged or labeled, or has constituents, characteristics or properties not disclosed on the Waste Profile. The City shall pay Vendor for the handling, transporting, storing and caring for and, if applicable, disposing of such non-conforming RHHW.
Notwithstanding anything to the contrary, the City shall be responsible for any and all losses, liabilities, claims, penalties, forfeitures, suits, and the cost and expenses incident thereto (including cost of defense, settlement and reasonable attorneys’ fees) which Contractor may hereafter incur, or pay out arising out of or related to non-conforming RHHW.
Manifesting: At Vendor’s expense, manifests, bills of lading and markings shall be pre-printed with generator information and the Department of Transportation (D.O.T) description. City staff will review drum markings, labels, and manifests prior to signing manifest and shipping RHHW. Vendor is responsible for providing proper D.O.T. placard of vehicle at time of shipment.
Vendor shall efficiently and correctly complete a manifest of materials complying with, and satisfying requirements such as:
● California Code of Regulations, Title 22
● Code of Federal Regulations, Title 40 and Title 49
● California Department of Toxic Substance Control
● U.S. EPA permitted disposal facility requirements for receiving hazardous materials ● Certified Unified Program Agency
Weighing RHHW: The Vendor shall weigh all RHHW. The net weight shall be listed on all manifests and bills of lading and included on all required reports, including CalRecycle Form 303 (excluding tare weight i.e., poly drums, pallets, cylinders, etc) as provided by scale having current certification as appropriate and necessary.
RHHW Destination Facilities: Vendor shall provide a list of facilities that accept RHHW for reclaiming or recycling disposal. Vendor shall include disposal site name, mailing and facility address and phone number, and types of RHHW accepted at each facility. Vendor shall list all necessary operation permits, indicate the permit status for each facility, and number of violations for the past three (3) years. During the term of the Agreement, if the Vendor substitutes any facility on the list, Vendor shall notify the City within thirty (30) days and provide the Project Manager with the new facility information. The City reserves the right to audit or inspect any of the listed facilities to ensure facility compliance.
The Vendor shall warrant that Vendor-owned, or approved for use, storage treatment/disposal facilities are currently licensed and permitted at time of receipt of City’s RHHW. In the event that a storage/treatment facility has lost its permitted status during the term of the Agreement, the Vendor shall promptly notify the City of such loss and work in good faith with the City to secure appropriate disposal capacity through other facilities. The Vendor shall disclose its ownership or financial interest in any storage, treatment or disposal facility proposed or used by the City.
RHHW Management Preferences: The Vendor shall follow, in order of preference, the City’s RHHW management preferences for recycling options: (1) reuse, (2) recycling, (3) energy recovery, (4) treatment, (5) incineration, and/or (6) landfill/stabilization. The Vendor shall recycle RHHW whenever feasible. The City aims to reflect the waste disposal hierarchy
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established by the State of California in its programs as much as possible. This hierarchy calls for source reduction and reuse first, and then recycling and reclamation whenever feasible. Environmentally sound incineration and hazardous waste landfill disposal are considered the least desirable options. It is the City’s desire to recycle, process, treat, minimize, and consolidate as much RHHW as is possible prior to shipment for final disposal. Recycling, energy recovery, and treatments are preferred methods of disposal because they are less likely to result in long-term liability.
The Vendor shall recycle easily recyclable materials and demonstrate that efforts are made to recycle more difficult materials.
The City will be responsible for using the abovementioned selected methods of disposal for each waste stream. In the event RHHW is not managed in accordance with the City’s selected recycling methods the Vendor shall pay liquidated damages in the amount of one thousand ($1,000) dollars per 55 gallon drum.
Certificates and Documentation: The Vendor shall provide appropriate documentation, certificates and records as required by applicable federal, state, and local laws and regulations and the City. All documentation shall be completed clearly, correctly and legibly. Copies of any manifest attachments shall be provided to the Project Manager at the time of transport.
Documentation submittals for all work shall include but not be limited to:
● Bills of lading or non-hazardous waste manifests
● Hazardous waste manifests and continuations sheets
● Labpack inventory sheets
● Certificates of decontamination, disposal and/or recycling ● Monthly and annual Form 303
● Event summary reports
Appropriate copies of the documentation listed above shall be furnished to the City’s Project Manager at the time of waste shipment or at a time mutually agreed upon in writing by the City and Vendor.
If required by the City’s Project Manager, the Vendor shall provide reconciliation of manifest and a letter of explanation for any shipping or manifest discrepancies.
The Vendor shall furnish closed originals of all uniform (non-hazardous) waste manifests, signed by a duly authorized representative of the receiving treatment, storage, and disposal facility, to the City’s Project Manager within fourty-five (45) calendar days of RHHW shipment.
At all times during the transportation, storage, and disposal of RHHW managed under this Agreement, the Vendor shall know the location, condition, and status of each item managed. Upon request, the Vendor shall make this information available in written progress reports to the City’s Project Manager. The progress reports shall include a listing of items removed, referenced by identification and uniform hazardous waste manifest numbers. The reports shall contain a description of the location and status of RHHW on the date of the progress report.
Reporting: The Vendor shall complete CalRecycle Form 303 for each fiscal year and submit the completed form to the City each September 30th. The Vendor shall provide the information through electronic mail in a format approved by the City. The Vendor shall also provide quarterly reports including tables and charts depicting the amounts and types of RHHW categories collected and management methods of materials collected. Vendor shall provide certificates of receipt or provide certificates when available.
Spill Prevention and Clean Up: The Vendor shall only use methods, equipment and practices required by all federal, state, and local laws and regulations as well as industry recommended and approval methods, equipment and practices to ensure that no discharges, releases, spills or leakage occurs during the loading, transportation, storage and disposal of RHHW managed under this Agreement.
In the event of a discharge, release, spill or leakage of RHHW during loading, transportation, storage or disposal of wastes, the Vendor shall take immediate action to protect human health and the environment. At no expense to the City, the Vendor shall be fully responsible for the remediation and clean up any such discharge, release, spill, or leakage, in accordance with all applicable federal, state and local laws and regulations.
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Should any accident or incident occur that results in any discharge, release, spill or leakage, the Vendor shall notify the City’s Project Manager by telephone or in person as soon as practicable, after the immediate emergency measures have been undertaken. The Vendor shall notify and report the event to the appropriate regulatory or emergency response agencies, as required under federal, state, and local laws and regulations.
At its discretion, the City may decide the actions to be taken, should any discharge, release, spill or leakage of RHHW occur during loading and/or transportation activities on City property. The Vendor shall compensate the City for any costs incurred for response to any discharge, release, spill or leakage of RHHW occurring on City property during unloading vehicles, loading, packaging and/or transportation activities caused by the Vendor’s negligence. If requested by the City, the Vendor shall furnish the City’s Project Manager with a detailed written report describing any discharge, release, spill, or leakage of hazardous wastes during transportation, storage, or disposal of RHHW.
The Del Norte Station RHHW Drop-Off Center takes place outdoors. The Vendor shall protect the collection area from any runoff of residual materials, or spills.
Regulatory Requirements: The Vendor is responsible for keeping up to date on all regulations pertaining to the management of RHHW. The Vendor must be thoroughly knowledgeable on the requirements of the Department of Resources Recycling and Recovery (CalRecycle) programs such as the Battery and Paint Stewardship Acts and regulations and policies relating to the environmentally sound management and recycling of RHHW.
Monthly Invoice: Vendor shall send a monthly invoice to City for Vendor’s cost of loading, transport and delivery of RHHW to licensed and permitted recycling centers. The monthly invoice shall itemize types, quantities and unit cost of RHHW and dates of service. The invoice shall include all labor, supervision, equipment, materials, supplies, fees, permits, transportation, and any other cost directly or indirectly relating to the work. City shall pay Vendor within thirty (30) days of receiving monthly invoice.
Safety Practices: Vendor shall follow all City operational and safety practices while providing service at the Del Norte Facility. Vendor shall comply with all City policies, procedures and practices regarding traffic safety and the wearing of personal protective equipment such as hard hats, safety-vests, safety glasses, gloves, and safety footwear.
Household Battery Collection: Once a month, or as requested by the Project Manager, Vendor shall pick-up batteries from collection points at satellite locations within the City, such as City Hall, the Public Safety Building, the Municipal Service Center, the Corporate Yard and other buildings and facilities owned and operated by the City as requested by the Project Manager, once a month, or as needed.
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RATES AND COSTS EXHIBIT
Containerized Waste Service Type of Container Price Per Container 4’ Fluorescent Bulb Per Box of 37
Per Bulb
$35.15
$0.95
8’ Fluorescent Bulb Per Box of 37
Per Bulb
$35.15
$0.95
Metal Halide Bulb Per Bulb $2.50
Oil Based Paint Waste 55 gallon drum $195.00
Water Based Paint Waste 55 gallon drum $195.00
Mixed Solvent/Sludge Waste 55 gallon drum $145.00
Absorbent Waste 55 gallon drum $150.00
Aerosols Cans 55 gallon drum $195.00
Mixed Household Cleaner Waste 55 gallon drum $275.00
Antifreeze 55 gallon drum $115.00
Mixed Alkaline Batteries Waste 15 gallon drum $75.00
Used Oil,
Drained Oil Filters
55 gallon drum
55 gallon drum
$145.00
$115.00
Propane Cylinders Camping Stoves
Natural Gas Propane Tanks 5 to 15 gallon tank
$15.00
$25.00
Misc. Non Propane Gas Tanks CBC
Vacuum Truck Service Hour Rate $250.00
Oily Water/Clarifier Pit Waste 10-30% Solid Per Gallon $1.25 Acid-Lead Batteries
Auto
Motorcycle
Computer
$0.03 per pound
$0.15 per pound
$0.15 per pound
Toxic liquid generic profile 55 gallon drum $295.00
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Toxic solid generic profile 55 gallon drum $250.00
Flammable solid generic profile 55 gallon drum $395.00
Paint related material com. pack Cubic Yard Box $830.00 Aerosols (non-foaming) Cubic Yard Box $750.00
Fuses, road flares Per Pound $5.25
Lighters 15 gallon drum $175.00
Non-Resource Conservation and Recovery Act
solid generic profile
55 gallon drum $150.00
Hydrogen peroxide lab pack 5 gallon drum $150.00
Compact fluorescent bulbs 55 gallon drum $275.00
Fire extinguishers Each $25.00
Organic peroxide lab pack Per Pound $6.00
Sharps containers
Sharps containers
15 gallon drum
55 gallon drum
$195.00
$375.00
Non-Polychlorinated biphenyls ballasts 15 gallon drum $375.00 Polychlorinated biphenyls ballasts 15 gallon drum CBC
Oxygen cylinder, medium Each $50.00
Acetylene cylinder, large Each CBC
Helium cylinder, 5 gallon Each $25.00
Methylacetylene (propyne) and propadiene gas,
medium
Each CBC
Carbon dioxide cylinder, medium Each $25.00
Non-Resource Conservation and Recovery Act
Liquids lab pack
55 Gallon Drum $150.00
Lithium ion batteries, non-universal
5 gallon drum (10 pound
minimum) Mail back program $ 75.00
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Ni-cad batteries, dry, universal waste
5 gallon drum (10 pound
minimum) Mail back program
$ 96.00
Labor Charges for specialized service
Chemist for any repacking of drums Per Hour $65.00
Technician for any repacking of drums Per Hour $51.00
Driver for any loading time greater than 1 hour Per Hour $50.00 Hazardous Characterization of unknowns Each $50.00
Supply Charges
55 gallon poly drum, new Each $82.00
30 gallon poly drum, new Each $60.00
15 gallon poly drum, new Each $60.00
5 gallon poly drum, new Each $30.00
Cubic yard box Each $75.00
Vermiculite, 3 cubic yard Each $45.00
4 foot fluorescent barrels (slide-top) Each $30.00
8 foot fluorescent barrels (slide-top) Each $40.00
4 foot straight fluorescent tube boxes Each $30.00
8 foot straight fluorescent tube boxes Rach $40.00
In case of any discrepancy between the cost per unit and the extended amount, the cost per unit shall prevail; but, if the amount set forth as an cost per unit amount is ambiguous, unintelligible, uncertain, omitted or identical to the amount listed in the extended amount, then the amount set forth in the extended amount shall prevail. In case of any discrepancy between the extended amount and the total bid amount, the extended amount shall prevail; but, if the amount set forth as an extended amount is ambiguous, unintelligible, uncertain, omitted or identical to the amount listed in the total bid amount, then the amount set forth in the total bid amount shall prevail. In case of any discrepancy between words and figures in the total bid amount, the words shall prevail.
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SCHEDULE OF SERVICES EXHIBIT
Vendor shall provide Services during scheduled business hours Monday through Saturday from 8:00 a.m. to 4:00 p.m. on an on-call basis upon the request of the City. Vendor shall return service calls or emails within twenty-four (24) hours of the initial call or email from the City. Vendor shall schedule the collection of RHHW for transport and delivery to a specialized recycling center within forty-eight (48) hours of the initial call or email upon request.
The City does not guarantee Vendor any minimum or maximum amount RHHW that the City and Vendor agree to in this Agreement. City shall provide access to Vendor for loading RHHW into their transport vehicle. Vendor shall be excused for delays from causes beyond their control. The denial of Services by the Vendor may be interpreted as nonperformance and breach of the Agreement.
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INSURANCE EXHIBIT
Exhibit INS-I
INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS WITH CONTRACTORS POLLUTION LIABILITY)
1. Vendor 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 sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.
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 general 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;” c. Contractors Pollution Liability and Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant.
2. Vendor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-I. 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 the Risk Manager before work commences.
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. Vendor 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 by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. 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. Vendor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers.
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City 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 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.
6. Any deductibles or self-insured retentions must be declared to and 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 vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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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 practice 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 you use the endorsement forms which are attached.
Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
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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.
CO
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 [x] 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
Contractors Pollution Liability and Contractors Pollution Errors & Omissions PER CLAIM / OCCURRENCE $2,000,000
GENERAL AGGREGATE $2,000,000
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 OBLIGATION 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.:
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) 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
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
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
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 suits 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 the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the 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 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.
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 exclusions 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-8442
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 suits 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 the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the 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 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.
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 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 exclusions 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-8442
LIVING WAGE POLICY EXHIBIT
The Living Wage Policy of the City of Oxnard is hereby adopted by the City Council on July 9, 2002 to be effective October 1, 2002.
1. Pursuant to this Living Wage Policy, Vendor shall pay those employees who provide services to the City under contract:
(a) Effective October 1, 2002, at least $9.00 an hour for the time during which the employee is providing services to the City;
(b) Effective July 1, 2003, at least $9.25 an hour for the time during which the employee is providing services to the City and 32 hours of paid leave per every calendar year in which an employee provides services to the City; (c) Effective July 1, 2004, at least $10.59 an hour for the time during which the employee is providing services to the City and 64 hours of paid leave per every calendar year in which an employee provides services to the City; and (d) Effective July 1, 2005, at least $12.22 an hour for the time during which the employee is providing services to the City and 96 hours of paid leave per every calendar year in which an employee provides services to the City.
2. The hourly rates established in Section 1 shall be adjusted July 1, 2006 and, each July 1 thereafter, according to the percentage change since July 1, 2005 in the Consumer Price Index prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers.
3. A service contractor executing a service contract with the City for which the City will pay the contractor $25,000 or more during the contract term shall be subject to the Living Wage Policy.
4. A service contractor executing more than one service contract with the City, and the combined monetary total of the payments by the City pursuant to such contracts is $25,000 or more for the combined contract terms shall be subject to the Living Wage Policy.
5. This Living Wage Policy shall not govern the following types of contracts for: (a) the purchase, rental or lease of goods, products, equipment, supplies or other personal property; (b) public works projects as defined in State or local law; and (c) professional services.
6. This Living Wage Policy shall not govern the following service contractors: (a) nonprofit entities organized under IRS Code section 501(c)(3); (b) public entities such as cities, counties, special districts, states and the federal government; and (c) businesses employing fewer than five persons.
7. The City Attorney is directed to include in all standard trade services contracts and all contracts involving unique trade services, the language set forth in Exhibit 1 attached hereto and incorporated herein by this reference.
8. If Vendor fails to comply with this Living Wage Policy, the City Manager is directed to terminate the subject service contract immediately and to impose appropriate fines and penalties as set forth in the service contract.
9. The City Manager and the City Attorney are responsible for the administration and enforcement, respectively, of the Living Wage Policy. If an employee of a service contractor governed by the Living Wage Policy concludes that he/she has been retaliated against for the exercise of rights under the Living Wage Policy, the employee should contact the City Manager at 385-7430.
10. The City Manager shall reasonably cooperate with representatives of the Ventura County Living Wage Coalition to ensure the effective administration and enforcement of the Living Wage Policy.
11. This Living Wage Policy may be changed only by City Council and only after a duly noticed public hearing.
12. The City Manager is directed to ensure that the City Council will review the Living Wage Policy as part of the FY 2003-2004/05 budget process.
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Agreement No. A-8442
Exhibit 1
Living Wage Policy
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. Vendor shall compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Vendor agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately.
D. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
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Agreement No. A-8442
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2021
43. Vendor shall compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit 1. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Vendor agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately. c. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed. d. The foregoing requirements are restated on page 5 of the Agreement for Trade Services.
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Agreement No. A-8442
PREVAILING WAGES EXHIBIT
1. Vendor acknowledges that the Project defined in the Agreement between Vendor and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform the Project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement.
3. Vendor is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Vendor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Vendor shall comply with Labor Code Section 1776, which requires Vendor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Vendor shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Vendor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Vendor may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Vendor must immediately notify City.
8. Vendor is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Vendor shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Vendor acknowledges that 8 hours labor constitutes a legal day’s work. Vendor shall comply with and be bound by Labor Code Section 1810.
10. Vendor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Vendor’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Vendor shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Vendor shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions.
Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Vendor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Vendor shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Vendor under this Section shall survive Agreement termination.
157
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6
DATE: April 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Recognition of the Statewide Park Development and Community Revitalization Grant Award for the Durley Park Expansion and Improvement Project.
RECOMMENDATION
That the City Council recognize the grant award of $7,092,300 from the Statewide Park Development and Community Revitalization Program for the Durley Park Expansion and Improvement Project.
BACKGROUND
The intent of the Statewide Park Development and Community Revitalization Program (State Parks Program or SPP) competitive grants are to create new parks and new recreation opportunities in critically underserved communities across California. This was the fourth and final round of SPP grants and includes $395.3 million of Proposition 68 funding.
Being a competitive grant program, a number of factors go into applicants' scores, including broad community engagement and disadvantaged community status. Staff considered potential projects and sites to submit as applications, and the Durley Park site was determined to be the most competitive in the City. Staff reviewed the grant priority details thoroughly and assessed various project alternatives in the context of the grant’s scoring criteria and the City’s needs. The City Council adopted a resolution that authorized the City Manager to submit an application for an amount not to exceed $8.5 million at the March 2, 2021 City Council meeting. At the time of the March 2021 staff report’s writing, the project concept and cost estimate had not been finalized. Hence, the “not to exceed $8.5 million” cost was used in the staff report and associated resolution. After the City Council approved the grant application, and after the scope and cost estimate were subsequently finalized, the application was submitted with the total cost estimated at $7,092,300.
The project was awarded $7,092,300 million in grant funding, and the grant contract executed in March of 2022. The Durley Park Expansion and Improvement Project will enhance a vital park in a disadvantaged community which will fulfill multiple goals identified in the Oxnard Parks & Recreation Master Plan, including improving the condition of the baseball fields and integrating park lighting.
The scope of the Durley Park Expansion and Improvement Project was determined through community workshops where residents prioritized and selected recreation features that would be included in the project. Staff held a series of workshops, beginning in October of 2020 and concluding in January of 2021. The dates of the workshops, both virtual and in-person, include the following:
October 22nd-23rd: Workshops with students from McKinna, Kamala, and Dr. Lopez Jr. High (virtual) October 29th: Workshop with Durley Preschool and staff who previously worked at the Durley Youth Center (virtual)
November 5th: Sunset Little League workshop conducted in-person, outdoors at the park November 21st: Community workshop conducted in-person, outdoors at the park 158
January 24th: Final community workshop (virtual)
Through these workshops, residents developed the conceptual design that will be included in the project scope and integrates the following features:
1. Security and athletic lighting
2. Walking track
3. Additional basketball court
4. Parking improvements
5. Bike and skateboard pump track at the unused bowl areas in the southwest corner of the park
6. Water conservation efforts and landscaping
7. Murals on the existing tanks on site
8. Water station for filling up water bottles
9. Upgraded irrigation system
10. Exercise stations along the trail
11. Public restroom
Targeted invitees to the community workshops:
McKenna, Kamala, and Dr. Lopez Jr. High School
Preschool and Durley Youth Center youth
Sunset Little League
Neighborhood Councils (Kamala and Bartolo Square North) and residents Parks, Recreation, and Community Services Commission
Ventura County Public Health and contacts
United Farmworkers Foundation
DISCUSSION
Resolution No. 15,425 was passed by the City Council on March 2, 2021 and authorized the City Manager to execute the grant agreements, and authorized the Finance Director to approve the budget appropriations for the use of the grant funds.
However, per the Financial Impact section of that staff report, staff is now returning to the City Council for the recognition and appropriation of the grant award.
The management of this grant project will be initiated in April 2022, after the budget appropriation has been executed.
Resolution No. 15,425 authorizes the Finance Director to approve budget appropriations for the use of the grant funds and the budget appropriation will be processed administratively. The Resolution and executed grant contract is attached for reference.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
The Durley Park Expansion and Improvement Project was awarded $7,092,300. There is no City match required for this grant. As resolution #15,425 authorizes the Finance Director to approve the budget appropriations for the use of the grant funds that will be processed administratively.
Ongoing maintenance funding will be requested during the budgeting process for Fiscal Year 2024-25 following the completion of the project. The annual operations and maintenance costs are estimated to increase by approximatly $76,000.
159
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Eric Humel, Grants Specialist, Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. City Resolution_Executed
2. Grant Contract_Executed
160
161
State of California - Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
2018 Parks Bond Act
Statewide Park Development and Community Revitalization PROJECT NO.
GRANTEE
PROJECT TITLE PROJECT NUMBER
Total State Grant not to exceed
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.
By
Title
Date
Signature of Authorized Representative
By
Date
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
(For State Use Only)
AMOUNT ENCUMBERED BY THIS DOCUMENT
CONTRACT NO
FUND.
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
FISCAL SUPPLIER I.D.
TOTAL AMOUNT ENCUMBERED TO DATE
$
ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of Oxnard
DURLEY PARK EXPANSION / IMPROVEMENT SW-56-003
July 01, 2020 through June 30, 2025
2021/22
C9803069 SW-56-003
3790-101-6088 6
City of Oxnard
$7,092,300.00
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$7,092,300.00
City Manager
0000011778
The GRANTEE agrees to the terms and conditions of this contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE / Cost Estimate Form or Acquisition documentation for the Application(s) filed with the State of California. 3790000SW56003
Typed or printed name of Authorized Representative
GRANT PERFORMANCE PERIOD is from
20 AMENDMENT NO
$7,092,300.00
Address
ACTIVITY CODE
69807
CONTRACT PERFORMANCE PERIOD is from July 01, 2020 through June 30, 2050 Signature of Authorized Representative
Typed or printed name of Authorized Representative
Title
DocuSign Envelope ID: 98EB0254-F8C7-4F64-816A-1ABE4DD548B5 Alexander Nguyen
300 West Third Street. Oxnard, CA 93030
3/2/2022 3/3/2022
Supervisor
Jana Clarke
162
1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Oxnard (hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$7,092,300___, subject to the terms and conditions of this CONTRACT and the 2020/21 California State Budget, Chapter 6, statutes of 2020, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “2018 Parks Bond Act, Statewide Park Development and Community Revitalization GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from _July 01, 2020_ to _June 30, 2025_.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term “GUIDE” means (1) the document identified as the “Grant Administration Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Programs Capital DocuSign Envelope ID: 98EB0254-F8C7-4F64-816A-1ABE4DD548B5 163
2 Improvement Projects” and (2) The Application Guide that established the competitive procedures and policies for the selection of projects.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Guide
1. GRANTEE agrees to abide by the GUIDES.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
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3 1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
DocuSign Envelope ID: 98EB0254-F8C7-4F64-816A-1ABE4DD548B5 165
4 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
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5 H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT.
Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the DocuSign Envelope ID: 98EB0254-F8C7-4F64-816A-1ABE4DD548B5 167
6 purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.
5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest DocuSign Envelope ID: 98EB0254-F8C7-4F64-816A-1ABE4DD548B5 168
7 against poor workmanship, fraud, or other potential loss associated with completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
_City of Oxnard____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
DocuSign Envelope ID: 98EB0254-F8C7-4F64-816A-1ABE4DD548B5 City Manager
3/2/2022
169
8 STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
DocuSign Envelope ID: 98EB0254-F8C7-4F64-816A-1ABE4DD548B5 Supervisor
3/3/2022
170
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7
DATE: April 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Lease Agreement A-8458 with Channel Islands Logistics, Inc. for the Temporary Storage of Land/Sea Shipping Containers for up to 12 Months.
RECOMMENDATION
That the City Council approve and authorize the Mayor to:
1. Execute a 12-month Lease Agreement A-8458 with Channel Islands Logistics, Inc. for a five-acre portion of vacant property adjacent to the Del Norte Regional Recycling and Transfer Station near the northwest corner of Del Norte Blvd. and 5th Street; and
2. Authorize the City Manager to make minor non-substantive adjustments to the lease, with the City Attorney's concurrence, should such adjustments be requested by Channel Island Logistics, Inc.
BACKGROUND
The City of Oxnard, Public Works, Environmental Resources Division (ER) owns approximately 11 acres (8.8 usable acres) of vacant property at the Northwest corner of Del Norte Blvd. and 5th Street in Oxnard, CA 93030 / APNs: 216-0- 160-225; 216-0-160-465; and 216-0-160-475 (See Attachment 1 Lease Property Exhibit). Starting in 2015 to December 2017, the City leased this area for temporary storage of new automobiles. Since December of 2017, most of the property has been vacant with a portion being used by ER to store equipment, and by contractors working for the City to temporarily stockpile material for Capital Improvement Plan (CIP) projects.
DISCUSSION
In early 2022, Channel Islands Warehouse/Logistics, Seaboard Produce Distributors/Del Norte Distribution, Arcturus Warehouse LLC (Channel Islands Logistics) approached the City expressing interest in leasing property to temporarily store land/sea shipping containers for up to twelve months. This is primarily due to COVID-19 supply chain challenges that have caused container storage area shortages at The Port of Hueneme and other California ports.
After negotiations between Channel Island Logistics and the City, Channel Island Logistics has proposed to lease five acres of the City/ER-owned property adjacent to the Del Norte Regional Recycling and Transfer Station for $6,000 per acre for up to twelve months, providing up to $360,000 in revenue to the ER Solid Waste Fund 631.
Upon approval of the lease agreement, Channel Island Logistics will complete a Temporary Use Permit (TUP) with Director Order No. 22-01 as an attachment (Attachment 2). This Order from the Director of Emergency Services allows the temporary storage of empty storage containers in the M-1 and M-2 Development Zones. The subject property is in the M-2 Development Zone.
STRATEGIC PRIORITIES
171
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
If approved, the lease agreement will generate up to $360,000 in lease revenue should the term of the lease reach twelve months. Actual amount will correspond to $6,000 per acre, multiplied by 5 acres, per month. Fiscal Years 2021-2022 and 2022-2023 will include the total lease agreement amounts as revenue in the Solid Waste Fund 631.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Brian Yanez, Assistant Public Works Director, Todd Vasquez-Housley, Environmental Resources Division Manager
ATTACHMENTS
1. Agreement with Channel Islands Logistics A-8458
2. Director's Order 22_01
172
1 LEASE AGREEMENT
This Lease Agreement (“Lease”) is made as of ________day of ______, 2022, by and between the City of Oxnard (“City” or “Lessor”) and Channel Islands Logistics, Inc., a California corporation (“Lessee”).
Each of City and Lessee are sometimes hereinafter referred to as a “Party” and collectively as the “Parties.”
1. Property
City is the owner of that five-acre parcel of undeveloped property generally located northwest of the intersection of E. Fifth Street and S. Del Norte Boulevard in Oxnard, California and specifically defined as the portions of APNs 216-016-0465 and 216-016-0475 depicted in Exhibit A, which is attached hereto and incorporated herein by this reference (hereafter, the “Property”). City hereby leases Property to Lessee, and Lessee leases the Property from City for the term, at the rental, and pursuant to the covenants, provisions and conditions set forth herein.
2. Term
The term of this Lease (“Term”) shall commence on __________ (the “Commencement Date”) and shall expire twelve (12) months thereafter (the “Expiration Date”), subject to earlier termination as provided herein. Prior to the Expiration Date of the Lease, Lessee may terminate this Lease upon a minimum of thirty (30) days notice.
3. Rent
During the Term, Lessee agrees to pay City as rent for the Property the sum of Thirty Thousand Dollars ($30,000) per month payable in advance.
4. Delivery and Condition of Property
A. City shall deliver physical possession of the Property to Lessee upon the execution of this Lease by both Parties. Lessee hereby accepts the Property in its existing “AS IS” condition as of the date hereof subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing the use of the Property, and any easements, licenses, covenants, conditions or restrictions of record executed by City, and accepts this Lease subject thereto and subject to all matters disclosed thereby.
B. Prior to the execution of this Agreement, Lessee and/or its agents fully inspected the Property and are fully aware of its current condition. Lessee also acknowledges that City has not made any representation or warranty whatsoever as to the condition of the Property.
5. Use of Property
A. Limitation on Use. Lessee shall use the Property solely for the storage of land/sea shipping containers in the manner specified by the Temporary Use Permit (TUP), which Lessee must obtain prior to the effective date of this Lease.
B. Lessee’s Operation of Business. Lessee shall continuously and uninterruptedly during the entire Lease Term:
Agreement A-8458
173
2 i. Adequately staff its business with sufficient employees; and ii. Conduct Lessee’s business at all times in a first-class manner consistent with reputable business standards and practices, in good faith, and consistent with the terms and conditions of the TUP.
C. Anti-discrimination and Equal Opportunity.
Lessee, for itself, its successors and assigns and all persons claiming under or through it, covenants that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Property, nor shall Lessee or any person claiming under or through it, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of Lessees, licensees, employees or vendees in the Property or the improvements thereon. The foregoing covenants shall run with the land.
D. Prohibited Uses; Alterations. Lessee shall not do or permit anything to be done in or about the Property that in any way increases the existing rate of any insurance on the Property or that causes a cancellation of any insurance policy covering the Property, the Property or any part of them, or which constitutes an activity specifically excluded from the City’s insurance policy or any insurance Lessee is required by City to obtain, which policies are described in Section 6 of this Lease. Lessee shall not commit or cause to be committed any nuisance or waste in or on the Property or permit anything to be done in or about the Property that will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or hereafter in force, or that is inconsistent with the terms and conditions of the TUP. Except as otherwise provided herein, Lessee shall not make or cause to be made any alterations, repairs, additions or improvements to any part of the Property without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.
6. Insurance
Lessee shall deliver to the City copies of policies of insurance and certificates evidencing the existence and amounts of the insurance described herein below with loss payable clauses and additional insured endorsements in favor of City and cross-liability endorsements. Each policy shall provide that such policy shall not be cancelable or subject to reduction of coverage or other modification during the Term except after thirty (30) days prior written notice to City. All insurance required to be carried by Lessee hereunder shall be issued by responsible insurance companies, qualified to do business in the State of California and reasonably acceptable to City. All public liability and property damage policies shall contain a provision that City, although named as an insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents, and employees by reason of the negligence of Lessee. All public liability, property damages and other casualty policies shall be written as primary policies, not contributing with, and not in excess of coverage which City may carry. Executed copies of all policies, or certificates evidencing the existence and amounts of such insurance, shall be delivered to City by Lessee no later than ten (10) days after Commencement Date, and thereafter, executed copies of renewal policies or certificates thereof shall be delivered to City thirty (30) days prior to the expiration of any such policy. In the event Lessee fails to maintain any of the insurance set forth herein below, City may, but shall not be required to, obtain such insurance on behalf of Lessee and, in such event, Lessee shall reimburse City as Additional Rent and immediately on demand, for the cost incurred by City. Lessee shall, at Lessee sole expense, obtain and keep in force during the Term, the following coverages:
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174
3 A. Lessee shall obtain and maintain throughout the Term the insurance coverages as specified in Exhibit INS-N.
B. Lessee shall, prior to occupancy, file with the Risk Manager evidence of insurance coverage as specified in Exhibit INS-N. Evidence of insurance coverage shall be forwarded to the Risk Manager, addressed as specified in Exhibit INS-N.
C. Maintenance of proper insurance coverages by Lessee is a material element of this Lease. Lessee’s failure to maintain or renew insurance coverages in accordance with Exhibit INS-N, or Lessee’s failure to provide evidence of renewal of such coverage will be considered a material breach of this Lease.
7. Condemnation
If all or any part of the Property shall be taken or appropriated for public or quasi-public use by right of eminent domain with or without litigation or transferred by agreement in connection with such public or quasi-public use, either Party hereto shall have the right at is option exercisable within thirty (30) days of receipt of notice of such taking to terminate this Lease as of the date possession is taken by the condemning authority; provided, however, that before Lessee may terminate this Lease by reason of taking or appropriation as provided hereinabove, such taking or appropriation shall be of such an extent and nature as to substantially handicap, impede or impair Lessee’s use of the Property. No award for any partial or entire taking shall be apportioned, and Lessee hereby assigns to City any award which may be made in such taking or condemnation, together with any and all rights of Lessee now or hereafter arising in or to the same or any part thereof; provided, however, that nothing contained herein shall be deemed to give City any interest in or to require Lessee to assign to City any award made to Lessee for the taking of personal property and fixtures belonging to Lessee and/or for the interruption of or damage to Lessee’s business.
8. Security
Lessee shall be responsible for securing Property and providing any desired security services to the Property, if any, during the Term or any extensions thereof.
9. Reserved
10. Taxes
Lessee shall pay at least ten (10) days before due, and before any fine, penalty, interest or cost shall be charged thereon, directly to the appropriate taxing or other governmental authority, all:
(i) Real estate and other ad valorem taxes and assessments of every kind and nature levied and assessed upon the Property and the underlying realty including, but not limited to, possessory interest taxes assessed against the leasehold interest created hereby and general and special assessments, whether foreseen or unforeseen, and (ii) Taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operation on the Property, (collectively, “Taxes”) and Lessee shall deliver to City copies of receipted bills for such Taxes within fifteen (15) days after receipt of such bills by Lessee.
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4 11. Compliance with Laws
A. Lessee agrees to comply with all applicable zoning, municipal, county and state laws, ordinances and regulations governing the use of the Property, and any covenants or restrictions of record.
Lessee agrees to secure a Temporary Use Permit (TUP) from the City of Oxnard in order to use the Property for the purposes specified hereinabove. Lessee shall secure a TUP from the City (acting in the City’s role as the regulatory authority) before the Commencement Date of this Lease.
B. The Parties acknowledge and agree that the City is entering into this Lease in its role as the owner of the Property – not as the regulatory authority that will determine if the TUP shall be granted for Lessee’s proposed use of the Property. Nothing in this Lease shall be interpreted as requiring the City (acting in its role as the regulatory authority) to approve the TUP.
C. Lessee acknowledges and agrees that if the TUP is granted by the City acting in its role as the regulatory authority, the TUP shall thereafter be deemed terminated at such time that this Lease expires or is terminated by either the City (acting in its role as owner of the Property), the Lessee or the Parties. Lessee waives any and all claims that it would be entitled to a due process hearing regarding the termination of the TUP if such termination occurs because the Lease expires or is terminated by the City.
12. Indemnity and Exculpation
A. Indemnity. Lessee shall indemnify, defend and hold harmless City and its officers, officials, employees and agents against any and all claims, liabilities, losses, costs, expenses, including without limitation attorneys’ fees and costs (“Claims or Liabilities”) including without limitation those resulting from theft, vandalism, personal injury, disability or death, and even if caused in whole or in part by the passive negligence of City and/or its officers, officials, employees and/or agents (e.g., failure to supervise or control, or warn of or remove a condition on or about the Property) arising from:
(i) The condition of the Property and surrounding areas which are used by Lessee and Lessee’s employees, staff, consultants, agents, contractors, suppliers, invitees, guests, patrons, licensees, successors and assigns (collectively, “Lessee’s Representatives”),
(ii) Lessee’s and Lessee’s Representatives’ use of the Property including without limitation the construction of the Improvements and any other work performed therein,
(iii) Any breach or default in the performance of any obligation on Lessee’s part to be performed under the terms of this Lease, or
(iv) The conduct of Lessee’s business operated on or about the Property or any act or negligence of Lessee, or any of Lessee’s Representatives, except that Lessee shall not indemnify, defend and hold harmless City from and against any claims to the extent they result solely from the active negligence or willful misconduct of City and/or its officers, officials, employees and/or agents (collectively, “City’s Representatives”).
In case any action or proceeding be brought against City, Lessee, upon notice from any such party, shall defend the same at Lessee’s expense by counsel reasonably satisfactory to City.
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5 Lessee, as a material part of the consideration given to City, hereby (i) assumes all risk of damage to property or injury to persons in, upon or about the Property arising from any cause including, but not limited to, any theft, vandalism, damage, injury to person or death resulting from the condition of the Property during the Term hereof but excluding any claims (except for those claims arising from City’s alleged failure to supervise or control Lessee’s actions or Lessee’s use of the Property) arising from the active negligence or willful misconduct of City, and (ii) waives all claims in respect thereof against City and its officers, officials, employees and agents.
B. Exemption of City From Liability. It is hereby agreed that City shall not be liable for any injury or damage which may be sustained by the person, goods, wares, merchandise or property of Lessee, its employees, invitees or customers, or by any other person in or about the Property.
13. Default and Remedies
A. Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee:
(i) Any failure by Lessee to pay any Rent at the time said payment is due:
(ii) The abandonment or vacation (defined to be ten (10) or more days of continuous absence from the Property) of the Property by Lessee; (iii) The failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for fifteen (15) days after written notice thereof by City to Lessee; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within said fifteen (15) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion;
(iv) The making by Lessee of any general assignment or general arrangement for the benefit of creditors; the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Property or Lessee’s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Property or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days.
B. Termination. In the event of any such default by Lessee, then in addition to any other remedies available to City at law or in equity, City shall have the immediate option to terminate this Lease and all rights of Lessee hereunder by giving written notice of such termination. In the event that City shall elect to so terminate this Lease then City may recover from Lessee the worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided, plus any other amount necessary to compensate City for all the detriment proximately caused by Lessee’s failure to perform his obligations under this Lease or which in the ordinary course of events would be likely to result therefrom. At City’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.
Agreement A-8458
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6 C. Additional Remedies
(i) In the event of the vacation or abandonment of the Property by Lessee, and if City does not elect to terminate this Lease and Lessee’s right to possession of the Property by electing the remedy provided , then City may, pursuant to Section 1951.4 of the Civil Code of the State of California, recover all Rent as it becomes due. (ii) City entry into the Property for maintenance purposes or in an attempt to relet the Property shall not be considered to terminate Lessee’s right to possession of the Property and no entry of the Property by City shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. City may at any time after any default by Lessee elect to terminate pursuant to the Lease. (iii) The rights of City under this Lease shall be cumulative to all other rights or remedies now or hereafter available to City at law or in equity.
14. Maintenance
City shall have no obligation to repair or maintain the Property except as provided in this Lease. Lessee hereby waives all right to make repairs at the expense of City as provided for in any statute or law in effect at the time of execution of this Lease (including Section 1942 of the Civil Code of the State of California) or any amendment thereof or any other statute or law which may be hereafter enacted during the term of this Lease.
15. City’s Right of Entry
Lessee shall permit City or City’s representatives to enter the Property at all reasonable times for the purpose of inspecting the Property to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect City’s interest in the Property under this Lease or to perform City’s duties under this Lease. City also reserves and shall at any and all times have the right to enter the Property to submit said Property to inspection by prospective purchasers or lessees or prospective or existing mortgagees, to post notices of non-responsibility and “for lease” signs, and to alter, improve or repair the Property and any portion of the Property without abatement of rent. Lessee hereby waives any claim for damages for any injury or inconvenience to or interference with Lessee’s business, any loss of occupancy or quiet enjoyment of the Property, and any other loss occasioned thereby. Any entry to the Property obtained by City by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Property, or an eviction of Lessee from the Property or any portion thereof.
16. Transfers
Assignment and Subletting. Lessee shall not voluntarily or by operation of law assign, license, franchise, transfer, mortgage or otherwise encumber all or any part of Lessee’s interest in this Lease or in the Property, and shall not sublet, franchise, or license all or any part of the Property, without the prior written consent of City in each instance and any attempted assignment, license, franchise, transfer, mortgage, encumbrance or subletting without such written consent shall be wholly void.
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7 17. Attorneys’ Fees
In case of any action or proceeding brought by either Party against the other under this Lease, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs incurred.
18. Notices
All communications, notices and demands of any kind that either Party may be required or desires to give to or serve on the other Party shall be made in writing and delivered personally or sent by registered or certified mail or Federal Express (or other like overnight delivery service) to the following addresses:
To City/Lessor City Manager
City of Oxnard
300 West Third Street
Oxnard, California 93030
With a copy to: City Attorney
City of Oxnard
305 West Third Street, 1st Floor
Oxnard, California 93030
Lessee: Channel Islands Logistics, Inc.
P.O. Box 6229
Oxnard, California 93031
Physical address:
710 Del Norte Boulevard
Oxnard, California 93030
Any such notice shall be presumed to have been received on the earlier of:
(i) Personal delivery to the address(es) shown above,
(ii) One (1) day after delivery to Federal Express or other like overnight delivery service, or (iii) Forty-eight (48) hours after posting in the United States mail. Either Party may change its address by giving the other Party written notice of its new address.
19. Surrender
By entry hereunder, Lessee accepts the Property as being in good and sanitary order, condition and repair and agrees on the last day of the said Term, or sooner termination of this Lease, to surrender unto City the Property with said appurtenances in the same condition as when received, and to remove all of the Lessee’s personal property from the Property.
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8 20. Holding Over
If Lessee remains in possession of the Property after expiration or earlier termination of this Lease without the express written consent of City, such possession by Lessee shall be deemed a tenancy at sufferance at a rental rate of Fifty Thousand Dollar ($50,000) a month.
21. Estoppel Certificate
Within ten (10) days after request by City (which request may be from time to time as often as reasonably required by City), Lessee shall execute and deliver to City a statement that this Lease is in full force and effect without modification except as may be represented by City, that there are no uncured defaults in City’s performance hereunder, and the specific number of months or years of rent that has been paid in advance (if any). Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances, of the Property. Lessee’s failure to deliver such statement within ten (10) days of City’s written request therefor shall be a binding agreement of Lessee:
(i) That this Lease is in full force and effect without modification except as may be represented by City,
(ii) That there are no uncured defaults in City’s performance hereunder, and (iii) That not more than one installment of Rent has been paid in advance.
Further, such failure to deliver such certificate (showing any exceptions to any of the statements of fact required thereby) shall be a material default under this Lease.
22. Binding on Successors and Assigns
Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition. The terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the Parties, their heirs, personal representatives, and permitted successors and assigns.
23. Waivers
No waiver by City of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Lessee of the same or any other provisions. The subsequent acceptance of Rent hereunder by City shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular Rent so accepted, regardless of City’s knowledge of such preceding breach at the time of acceptance of such Rent. No term, covenant or condition of this Lease shall be deemed to have been waived by City unless such waiver be in writing signed by City.
24. Entire Agreement; Amendments
There are no oral or written agreements or representations between the Parties affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, representations, agreements and understandings, if any, between the Parties with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Lease. All reliance by either Agreement A-8458
180
9 Party with respect to representations and warranties shall be solely upon the representations and agreements contained in this Lease. No amendment or addition to this Lease shall be binding upon the Parties unless in writing, signed and delivered by the Party to be charged.
25. Time
Time is of the essence of this Lease.
26. No Broker
Lessee represents and warrants that it has dealt with no real estate brokers, leasing agents or finders in connection with or arising out of any of the transactions contemplated by this Lease, and covenants and agrees to indemnify, defend and save City harmless from any and all losses, liability, damages and expenses (including reasonable attorneys’ fees and costs), that may arise from a breach of this representation and warranty.
27. Severability
If any provisions of this Lease shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Lease and all such other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Lease is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.
28. Construction. The provisions of this Lease shall be liberally construed to effectuate its purpose. The language of this Lease shall be construed simply according to its plain meaning and shall not be construed for or against any party, as each party has participated in the drafting of this Lease and has had its legal counsel review it. Whenever the context and construction so require, all words used in the singular shall be deemed to be used in the plural, and vice versa.
29. No Reliance on Other Parties. All Parties to this Lease declare that, prior to the execution of this Lease, they have informed themselves of sufficient relevant data, either through experts or other sources of their own selection, and have sought and obtained legal counsel, in order that they might intelligently exercise their own judgment in evaluating the contents of this Lease and making the decision to execute it. The parties each represent and acknowledge that in executing this Lease, they do not rely and have not relied upon any representation or statement not set forth herein made by any other party to this Amendment or their respective legal counsel with regard to the subject matter, basis or effect of this Lease.
30. Applicable Law
The laws of the State of California shall govern the validity, performance and enforcement of this Lease. This Lease shall not be construed either for or against City or Lessee, but this Lease shall be interpreted in accordance with the general tenor of the language in an effort to reach an equitable result.
Any action brought pursuant to this Lease shall be brought in the Ventura County Superior Court.
31. Waiver of Redemption Rights
Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Agreement A-8458
181
10 City obtaining possession of the Property by reason of the violation by Lessee of any of the covenants and conditions of this Lease or otherwise. The rights given to City herein are in addition to any rights that may be given to City by any statute or otherwise.
32. No Reservation or Option
The submission of this Lease for examination does not constitute a reservation of or option for the Property, and this Lease shall become effective as a lease only upon execution thereof by City and Lessee.
33. Counterparts
This Lease may be executed in counterparts, each of which shall be deemed to be an original document.
34. Captions
The captions of the paragraphs of this Lease are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any section of this Lease.
IN WITNESS WHEREOF, City and Lessee have executed this Lease as of the day and year first written above.
CITY: LESSEE:
CITY OF OXNARD CHANNEL ISLANDS LOGISTICS, INC.,
a California corporation
John Zaragoza, Mayor By: J. Woodford Hansen
Its: President
Rose Chaparro, City Clerk By: Margaret E. Hansen
Its: Secretary
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
Agreement A-8458
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11 Exhibit A
Agreement A-8458
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APN - 2160160225
APN - 2160160465
APN - 2160160475
Del Norte Recycling and Transfer Station - Lease Property Exhibit Legend
Del Norte Parcels
Leased Area
5 Acre Lot - Approx 570 ft x 380 ft
Ingress and Egress Area
500 250 0 500 Feet
Sturgis Road
S Del Norte Blvd
E Fifth Street ±
Gate for Exit
184
12 Exhibit INS-N
INSURANCE REQUIREMENTS FOR LEASES OF LAND OR BUILDINGS
(WITHOUT AUTOMOBILE LIABILITY REQUIREMENT)
1. Lessee shall obtain and maintain during the term of the lease the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the lease by lessee, its agents, representatives, employees or sublessees.
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 general 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. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’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. c. Property Insurance against all risks of loss to any tenant improvements or betterments in the amount of the full replacement cost of the improvement or betterment with no co-insurance provisions.
2. Lessee shall, prior to occupation of the premises, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-N. 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 the Risk Manager before occupation of the premises. 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. Lessee 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 by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. 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. Lessee agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of lessee; products and completed operations of lessee; premises owned, occupied or used by lessee; or automobiles owned, leased, hired or borrowed by lessee. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form attached to this Exhibit INS-N or substitute form containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 1//85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City 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 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.
6. Any deductibles or self-insured retentions must be declared to and 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 lessee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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13 7. All insurance standards applicable to lessee shall also be applicable to lessee’s sublessees. Lessee agrees to maintain appropriate agreements with sublessees and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
3/22
Agreement A-8458
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Exhibit INS-N
14 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 practice 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 endorsement is required for commercial general liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-N.doc
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Exhibit INS-N
15 SAMPLE
8. 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.
CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER ASPECIFY 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.
CO
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 $ 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
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 OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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Exhibit INS-N
3/29/22 16
SAMPLE
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.:
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) 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
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:
INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
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 respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the 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.
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.
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.
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.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG 0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG 0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions 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
Agreement A-8458
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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
RATIFYING AN ORDER ISSUED BY THE DIRECTOR OF EMERGENCY
SERVICES
WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard City Code empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services (the “Director”), to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, on March 13, 2020, in response to the rapidly evolving public health crisis resulting from the COVID-19 pandemic, the Director proclaimed the existence of a local emergency (the “Local Emergency”); and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 15,304, proclaiming the Local Emergency and ratifying the Director’s March 13, 2020 proclamation; and
WHEREAS, pursuant to Government Code section 8634, Resolution No. 15,304 and Chapter 6 of the City Code, the Director may promulgate orders and regulations necessary to provide for the protection of life and property and shall request the City Council to ratify such orders and regulations; and
WHEREAS, the Director has issued Order No. 22-01, attached as an exhibit hereto in response to the Local Emergency.
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NOW, THEREFORE, the City Council of the City of Oxnard resolves that Order 22-01 issued by the Director and attached as Exhibit A hereto is necessary to provide for the protection of life and property in response to the Local Emergency and is hereby ratified.
PASSED 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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EXHIBIT A
[Director of Emergency Services Order 22-01]
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8
DATE: April 19, 2022
TO: City Council
FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected] SUBJECT: Elimination of Library Overdue Fines.
RECOMMENDATION
That the City Council approve and authorize the Mayor to:
1. Eliminate overdue fines for all library materials; and
2. Waive existing overdue fines owed by Oxnard Public Library patrons (as of March 15, 2022, $187,212 were owed in fines); and
3. Authorize the City Manager or designee to refund all fines collected during COVID-19.
BACKGROUND
Library fines for overdue books have been a longstanding practice in libraries in the United States. Nationwide, 97.5% of public libraries currently collect fines. However, in recent years, the move toward libraries as fine- free environments has gathered significant momentum. According to the American Library Association (ALA) overdue fines have been part of library practice for generations.
Fines have been used as a tool to:
Ensure library items, especially the most popular and recently published books, are returned so that they can be available for the next user
Recirculate popular items in a timely manner
Avoid the high cost of material replacement, ordering and processing Use limited funds to purchase new items instead of repurchasing unreturned or late items Currently, of seven library systems in Ventura County, four have eliminated fines. The remaining three, Camarillo, Moorpark and Oxnard, are considering the elimination of fines at this time.
Nationwide, libraries are collecting less in fines over the last several years, primarily due to more materials being available in an e-material format which have an automatic return date and fines are therefore not accrued.
The Oxnard Public Library is part of the Southern California Library Consortium (SCLC) which has over 40 member library systems throughout Southern California from Oxnard to Long Beach. At this time, 32% of those library systems have eliminated fines. Of the 16,000 library systems in the United States, approximately 400 have eliminated library fines, or 2.5%.
Fines collected have ranged from a low of $30,000 to a high of nearly $100,000 per year. However, over the last 11 years fines/fees revenue for Oxnard Public Library has steadily decreased by an average of approximately 13% per year. This 196
will continue to be the downward trend as the libraries move toward more electronic materials that are already fine free and are consistent with other library systems across the country.
Currently, overdue fines, established by Library Policy and Council approval, have been 0.20 cents per day per item with a $10.00 maximum. Fines for overdue DVDs are $1.00 per day with a $10.00 maximum. When a library patron owes more than $10.00 in fines or fees, his or her account is restricted, per Library Policy, from checking out additional materials until all fines and fees are paid down to under $10.00. At this time, of the almost 90,000 patron library accounts, 26,655 patrons are blocked and prevented from checking out additional items due to overdue fines exceeding $10.00. Specifically, 5,777 are children’s (under 18) accounts which are blocked or 6% of the overall patronage.
It is important to understand the distinction between overdue fines and lost item fees. Overdue fines are the daily charges applied to items not returned by their specified due date and are the subject of this proposal. Lost item fees represent the charges applied to lost, damaged, or unreturned materials and would remain in place should overdue fines be eliminated.
If an overdue item is lost or unreturned after 60 days, patrons are billed a processing fee of $7.50 in addition to the actual cost of the item.
Current Notification Process on Checked out Materials
When patrons check out materials, they receive a receipt which includes the due date for each piece of material
When patrons interact with Circulation Staff, by phone or in person, staff review all account due dates The Oxnard Public Library’s Integrated Library System (ILS) automatically sends out an email reminder to patrons three days prior to a library item coming due The email includes a renewal button that patrons can click to renew their materials to avoid fines. The library again notifies patrons at 30 days past due. At that time, the account is billed for the item and prevents any further check-outs
Patrons may check the status of their account 24/7 via the online catalog If Council takes the recommended action the above process will change in the following ways. Patrons will continue to be held accountable to return materials and will receive friendly notices reminding them of their due dates three days prior to the item being due, with a final notice sent thirty days past the due date. At that time, the patron's card will be blocked until an item is returned or replaced. Any items that have a waiting list will need to be returned without renewal.
Fees for replacement of lost or damaged materials will continue to be charged. Patrons will continue to be ineligible to check out additional material if outstanding balances exceed the $10.00 policy threshold. However, when the material is returned the fines will be eliminated and the hold for new items will be released.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
Eliminating late fines has a fiscal impact. Pre-Covid the library averaged approximately $63,000 per FY in late fines. The balance of the fines as of March 15, 2022 is $187,212. However, consistent with countrywide library fines collection, this revenue is decreasing every Fiscal Year by approximately 13% here in Oxnard.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 2-0 on March 22, 2022, to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Renee Rakestraw, Community Services Manager 197
ATTACHMENTS
1. Presentation
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Elimination of Library Overdue Fines
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RECO MMENDATIO N 2
That the City Council approve and authorize the Mayor to:
●
●
Eliminate overdue fines for all library materials; and
Waive existing overdue fines owed by Oxnard Public Library patrons (as of March 15, 2022, $187,212 were owed in fines) Authorize the City Manager or designee to refund all fines collected during COVID-19
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BACKGROUND 3
• Library fines for overdue books have been a longstanding practice in libraries in the United States
Nationwide, 97.5% of public libraries currently collect fines In recent years the move to fine-free environments has gathered significant momentum
The most important benefit placed on fines is as a tool to:
•
•
•
• ensure library items, especially the most popular and recently published books are returned and available for the next user
avoid the high cost of material replacement, ordering, processing recirculate popular items in a timely manner
use limited funds to purchase new items instead of repurchasing unreturned or late items
•
•
•
• Currently, four of the seven library systems in Ventura County have eliminated fines, three (Camarillo, Moorpark, Oxnard) are considering eliminating fines at this time Nationwide, libraries are collecting less fines over the last several years primarily due to:
•
• more materials available in e-material format with automatic return date, therefore fines are not accrued
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BACKGROUND (CON’T) 4
• Overdue fines are set by Library Policy and City Council approval
Fines are .20 cents per day per item with a $10.00 maximum Fines for overdue DVDs are $1 per day with a $10.00 maximum When a library patron owes more than $10 in fines or fees, his or her account is prevented from checking out additional materials until their fines and fees are paid down under $10.00 per Library Policy
At this time, of the almost 90,000 patron library accounts 26,655 patrons are blocked (prevented from checking out additional items) due to overdue fines (owing more than $10)
Of these, 5,777 are children’s accounts which are blocked or 6% of the overall patronage
•
•
•
•
•
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BACKGROUND (CON’T) 5
• Fines collected have ranged from a low of $30,000 to a high of nearly $100,000 per year.
In the last 11 years fines/fees revenues have steadily decreased by approximately 13% per year
There will continue to be a downward trend as libraries move towards more electronic material that are already fine free
•
•
Fines vs. Fees
• Overdue fines are the daily charges applied to items not returned by their specified due date and are the subject of this proposal Lost item fees represent the charges applied to lost, damaged, or unreturned materials and would remain in place after overdue fine elimination
If an overdue item is lost or unreturned after 60 days, patrons are billed a processing fee of $7.50 (set by Council) in addition to the actual cost of the item
The Library is proposing to eliminate overdue fines, not Lost or Processing fees
•
•
•
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BACKGROUND (CON’T) 6
Current Notifications to Patrons
• When patrons check out materials they receive a receipt which includes the due date for each piece of material
When patrons interact with Circulation Staff, by phone or in person, staff review all account due dates
The Oxnard Public Library’s Integrated Library System (ILS) automatically sends out an email reminder to patrons three days prior to a library item coming due. The email includes a renewal button that patrons can click to renew their materials to avoid fines.
The library again notifies patrons at 30 days past due. At this time the account is billed for the item and prevents any further check outs
Patrons may check the status of their account 24/7 via the online catalog
•
•
•
•
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IMAGES OF NOTICES 7
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BACKGRO UND (CO N’T) 8
If Council takes the recommended action the above process will change in the
•
following ways:
Patrons will continue to be held accountable to return materials and will receive friendly notices reminding them of their due dates three days prior to the item being due, with a final notice sent thirty days past the due date.
At that time, the patron's card will be blocked until an item is returned or replaced. Any items that have a waiting list will need to be returned without renewal.
Fees for replacement of lost or damaged materials will continue to be charged.
Patrons will continue to be ineligible to check out additional material if outstanding balances exceed the $10.00 policy threshold. •
•
•
However, when the material is returned the fines will be eliminated and the hold for new items will be released.
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FINANCIAL IMPACT 9
• Pre-COVID the library averaged approximately $63,000 per fiscal year in late fines.
The balance of the fines as of March 15, 2022 is $187,212.
In Oxnard, this revenue is decreasing every fiscal year by approximately 13%.
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•
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QUESTIONS
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10 CITY COUNCIL AGENDA REPORT
PUBLIC HEARINGS
AGENDA ITEM NO. L.1
DATE: April 19, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Introduction of a City Ordinance that establishes a Military Equipment Use Policy for the Police Department. (10/10/10)
RECOMMENDATION
That the City Council conduct a public hearing and introduce for first reading by title only waiving further reading of an ordinance amending Chapter 2 Article III Division 7 of the Oxnard City Code that is entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING CHAPTER 2 ARTICLE III DIVISION 7 TO THE OXNARD CITY CODE GOVERNING THE USE OF MILITARY EQUIPMENT BY THE OXNARD POLICE DEPARTMENT"
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/RgBv_fJueeg
BACKGROUND
Over the past several decades, many law enforcement agencies (“LEA’s”) across the United States acquired a variety of military surplus equipment from the federal government, and incorporated their use into law enforcement operations. The federal program that currently hosts this is the Defense Logistics Agency's 1033 Program. Other forms of this program included the former Defense Reutilization Marketing Office ("DRMO") Program. Generally speaking, the equipment furnished to LEA’s was intended to be necessary or beneficial to operations, intended to improve the safety of officers as well as the public, and helped agencies acquire such equipment in the face of limited budgets. The materials provided by these programs were very diverse, and included items ranging from office furniture/equipment, to gas masks and rifles. These programs also furnished civilian-type vehicles, as well as military-purpose ones such as High Mobility Multipurpose Wheeled Vehicles (“Humvees”). At some point in the past two decades, larger (12+ ton) Mine Resistant Ambush Protected (“MRAP”) armored vehicles were also furnished to a number of LEA’s across the country.
In previous years, the Oxnard Police Department accepted a limited variety of items, including M17 gas masks, helmets, older generation rifles, and rifle optics. These items have since been eliminated from the department’s inventory. The Police Department never requested nor received Humvees or MRAP armored vehicles. The Oxnard Police Department ("OXPD" or “the Police Department”) no longer obtains equipment from such programs.
Over the course of the past several years, criticism and debate has spread across the nation concerning the perception of policing in America becoming “militarized.” On September 30, 2021, California Governor Gavin Newsom signed legislation aimed at reforming LEA funding, acquisition and use of specific types of "military equipment." This legislation, referred to as Assembly Bill 481 (“AB 481”), was authored by California Assembly member David Chiu (DSan Francisco) to address and regulate the funding, acquisition, and use of military equipment by LEA’s.
For the purpose of this legislation, LEA’s include any of the following: police departments, including those affiliated 209
with transit agencies, school districts, or any campus of the University of California, the California State University, or California Community Colleges; sheriff’s departments, district attorneys' offices, and county probation departments. Of note, AB 481 does not apply to federal LEA’s.
Effective on January 1, 2022, AB 481 is codified in Government Code sections 7070 through 7075. AB 481 mandates LEA’s to obtain approval from their applicable governing body, via adoption of a “military equipment” use policy (“the Policy”) by ordinance (“the Ordinance”), prior to the LEA funding, acquiring, or using such equipment. LEA’s are required to begin proceedings prior to May 1, 2022.
What is also important to note is that under AB 481, the term “military equipment” expands beyond equipment that has a default application to military use. It also expands beyond the equipment offered by the above-mentioned DRMO and 1033 programs. For intents and purposes of AB 481, the term in this legislation more broadly applies to fifteen (15) descriptors/categories of equipment types, some of which are not typically used by the US armed forces; some of the equipment types are also available by sale to the general public. Some notable categories deemed by AB 481 to be “military equipment” include, but are not limited to, unmanned vehicles (aerial or ground), armored rescue vehicles, command and control vehicles, pepper ball munitions, less lethal shotguns, “less lethal” projectile launchers, and lightsound diversionary devices (often referred to as “flashbangs”). Other items deemed to be “military equipment” per AB 481 include equipment such as semi-automatic rifles and unmanned aerial systems (also known as “drones”) that are also available to the public by retail sales.
Government Code section 7070(c)(1-15) deems the following to be military equipment:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-halfton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, serviceissued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
More about AB 481
The Oxnard Police Department seeks City Council adoption of the attached Military Equipment Use Policy (Attachment A), in order to allow OXPD to continue to use the equipment specified therein. The Policy exists in section 708 of the Oxnard Police Department’s Policy Manual, and is visible to the public on the Oxnard Police Department’s website:
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(https://sites.google.com/oxnardpd.org/department-policy-manual/department-policy-manual).
Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEA’s throughout the country. Such equipment has been tested in the field, and are used by LEA’s for the purposes of enhancing both the safety of peace officers and the public that they serve. Denial or loss of the use of these items would detract from the welfare of community members and peace officers within the Police Department, as that would eliminate resources or options that could be used to more safely and peacefully conclude incidents. For example, the loss of an agency to deploy “less lethal” equipment would eliminate an option that could have been used to end a volatile situation without the use of lethal force.
The Oxnard Police Department is committed to using contemporary tools and equipment to safeguard the public that it serves. In fact, many of the items deemed to be “military equipment” by AB 481 have been employed by the Oxnard Police Department and LEA’s across the nation for a considerable amount of time, in order to specifically protect and reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of lethal force encounters. To that end, the equipment of discussion in this report, and the accompanying Military Equipment Use Policy, also provide Oxnard Police Department personnel with vital tools that facilitate compliance with its robust use of force policy and reporting procedures.
There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the equipment identified in the Policy (Attachment A) is vital to the Oxnard Police Department’s mission, and will continue to be strictly regulated through internal processes and oversight.
The proposed ordinance that will be considered by the City Council at a public hearing scheduled for April 5, 2022, seeks to approve Oxnard Police Department Policy Manual section 708 (Attachment A), which serves as the Department’s Military Equipment Use Policy. This policy section creates a provision to identify each item identified in Government Code section 7070 that is currently in the City of Oxnard’s possession. The Policy also includes the requirement to identify the current use and cost of each item. These particular items, and their stated uses, were in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be “military equipment” under AB 481 will require a further public meeting, policy update, and council approval.
The Policy also recognizes the need for agencies to provide assistance to each other, whether in ongoing combined or regional operations, occasional planned operations, or in exigent circumstances. Where applicable to the provisions of Government Code sections 7070 through 7075, such assisting agencies must comply with their respective military equipment use policies when rendering assistance (Policy section 708.6).
Under AB 481’s mandate, the Police Department will produce an annual report to the Oxnard City Council. The annual report will, at a minimum, contain the following information:
1. The quantity possessed for each type of military equipment.
2. A summary of how the military equipment was used and the purpose of its use.
3. A summary of any complaints or concerns received concerning the military equipment.
4. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
5. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Government Code Section 7071 also requires LEA’s to make publicly available on their agency website any proposed or final military equipment use policy for as long as the military equipment is available for use. As stated above, the Policy is available to the public on the Oxnard Police Department’s webpage:
(https://sites.google.com/oxnardpd.org/department-policy-manual/department-policy-manual).
AB 481 also requires the governing body to annually review the Ordinance, and to either:
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Approve/disapprove a renewal of the authorization for a type of military equipment, or Modify the military equipment use policy if it determines, based on an annual military equipment report (under Government Code Section 7072) prepared by the law enforcement agency, as provided, that the military equipment does not comply with the specified standards for approval.
The first annual report to the Oxnard City Council will be placed on its agenda in the spring of 2023.
Within 30 days of submitting the annual military equipment report, the Police Department would hold at least one “wellpublicized and conveniently located community engagement meeting,” to allow for public discussion of the report.
AB 481 defined military equipment used by the Oxnard Police Department The following is a general description of the Oxnard Police Department’s AB 481 equipment, their intended uses, and a declaration of their necessity. The photos depicted are intended for illustrative purposes, and are not to scale.
Unmanned, remotely piloted, powered aerial or ground vehicles The Oxnard Police Department has been deploying unmanned aerial systems (“UAS”) since 2019. UAS systems are easily deployable, and can perform many functions that a helicopter would serve, and at a fraction of the cost. UAS have demonstrated their value to public safety, and have become increasingly more necessary as they can provide visibility and overwatch at high risk locations or incidents. They can assist officers in perimeter searches, increasing the possibility that outstanding suspects can be safely located. UAS are also designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures located in often crowded spaces. They are also useful in documenting crime scenes and traffic collision scenes, significantly reducing the amount of time to accomplish this. All of the Oxnard Police Department’s UAS personnel receive initial and ongoing training to operate this equipment, must pass a certification course, and must earn a certificate from the Federal Aviation Administration. All UAS flights are documented with flight logs, and the Police Department’s policy expressly forbids arming or weaponizing such equipment. The Police Department had 111 UAS deployments in 2020, and 90 in 2021, and no complaints have been received about them to this date. There are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. Without the use of a UAS, officers would have to more frequently place themselves in high risk locations, which would naturally increase the risk to the officers and members of the public.
Unmanned ground robotic vehicles are used for reconnaissance during critical incidents to assist in providing visibility in areas where it would be unsafe to send a person. This equipment enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, and eliminates the need to send personnel in before assessing the situation. Such systems can also be used to examine, move, or defuse potentially hazardous items.
OXPD UAS pilot, observer, and drone OXPD UAS: DJI Mavic Enterprise There are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. Not having access to this item would require the use of peace officers to engage in higher risk tasks.
High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached 212
The Police Department currently possesses two (2) such armored rescue vehicles; one was acquired by purchase in 2006, the second by donation in 2021. Armored vehicles are used to provide ballistic protection to officers and citizens during rescue, critical incidents and other hazardous situations. The armored rescue vehicles (“ARV’s”) used by the Oxnard Police Department, both from the Lenco Bearcat series, are built on a commercial vehicle chassis, and are primarily reinforced civilian commercial vehicles. These vehicles allow officers closer access to high risk situations while substantially reducing the physical risk to the officers and members of the public. They are regularly deployed on SWAT operations, such as the service of high-risk warrants, or to incidents requiring a tactical response. They are intended to serve as a rescue vehicle in the unfortunate event of a downed officer or person in immediate, dire need of rescue. Though such equipment has the ability to serve as a breaching tool, no weapons are affixed to these platforms. There are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. As such, there are no alternatives to providing the same level of ballistic protection. 2006 Lenco Bearcat ARV 2021 Lenco Bearcat ARV
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
The Police Department’s Mobile Command Post (“MCP”) is an unarmored, unarmed vehicle equivalent to a commercial recreational vehicle. Acquired in 2001, it is equipped with radio communications and audio-visual equipment to assist in command and control of special events, critical and non-critical incidents, and disaster scenes. The MCP can also serve as a backup dispatch operation in the event of a catastrophic failure at the Police Department’s headquarters building. This vehicle allows for mobile incident command and use of the Incident Command Systems, facilitating the best possible near-scene decision-making. The MCP also provides mobility, sheltering, and logistical support, restroom facilities, and electrical power. The MCP provides mobility and support at one location in a rapidly deploying package. The Police Department is also seeking to acquire a replacement MCP in the coming months, pending City Council approval.
Oxnard Police Department Mobile Command Post ("MCP")
The Police Department’s SWAT van was acquired in 2001. It is used to carry tactical equipment, and serves as a forward (tactical) command post. Like its larger MCP counterpart, the SWAT van also possesses radio communication equipment. Though it carries tactical gear from one location to another, it is also unarmored and has no weapons affixed to it.
The Police Department possesses four (4) command vehicles. These vehicles are sport utility vehicles that serve as forward command posts when needed. This vehicle allows for mobile incident command and use of the Incident Command Systems, facilitating the best possible near-scene decision-making. The rear portion of the vehicle’s passenger compartment has an additional radio and mobile data computer, as well as dry erase boards that are useful in coordinating responses to larger incidents. Three (3) of these vehicles are marked black and white patrol units that are assigned to 213
field sergeants, who serve in a supervisory role. The fourth command vehicle is assigned to the Special Operations Division Commander.
SWAT van (tactical command post) SUV Command vehicle
Regarding these three command vehicle types, there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
Battering rams, slugs, and breaching apparatuses that are explosive in nature The armored rescue vehicle that the Police Department acquired in 2021 is equipped with a breaching apparatus. The Police Department’s SWAT team is equipped with shotguns that fire breaching rounds. Of important note, the Oxnard Police Department does not possess or deploy chemical explosives.
Battering rams and breaching apparatus are used to defeat locked, barricaded or fortified locations, allowing officers to conduct rescues or high risk forcible entries. These items allow officers to quickly enter a room or structure when time and the need to make entry are critical factors. This would include, but is not limited to situations involving an active shooter, hostage rescue, or when a barricaded suspect is in the act of harming another. In such situations, time is of the essence, and it would not be feasible to wait for other delayed access to the structure.
Breaching shotgun .12 gauge breaching shell
There are alternatives which are used for lower risk and/or non-fortified situations. This includes hand held battering rams (which are not deemed as military equipment by AB481). However, this alternative does not afford the same level of protection or speed that such equipment provides when necessary. As such, there are no reasonable alternatives that can achieve the same objectives in terms of entry speed and officer and civilian safety.
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable officers to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement, minimizing the risk to officers and innocent citizens. In 214
today’s world, it has become increasingly common for criminals to possess assault weapons, and law enforcement needs this equipment to maintain parity.
The Oxnard Police Department deploys 5.56mm “AR-15” design semi-automatic rifles on a daily basis. The term “deploy” refers to the equipment being carried by officers into the field in a variety of ways, such as the mere carrying it (secured) in a police car. This rifle platform, however, is not “standard issue” equipment. Selected officers must successfully complete a California POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Selected officers may be in a variety of assignments, ranging from patrol officers to those in SWAT and other specialized assignments. These AR-15 rifle types are listed as an assault weapon in California Penal Code Section 30510, and have assault weapon characteristics as described in California Penal Code Section 30515.
AR-15 rifle
The Police Department possesses six (6) .308 caliber bolt action sniper rifles. Such rifles are of limited issue, provided only to SWAT officers who also undergo specialized training and qualifications. Such rifles may be deployed in circumstances where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying sniper rifles may include, but are not limited to:
Situations where the officer reasonably anticipates an armed encounter. When the officer is faced with a situation that may require accurate and effective fire at long range. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
When an officer reasonably believes that a suspect may be wearing body armor.
Remington 700 rifle
There are no known alternatives to these weapons that will provide the same level of distance or precision. As such, there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray
Light and sound diversionary devices, commonly referred to as "flashbangs" are used as a distraction device in order to disorient or divert the suspect(s) attention away from officers. This can allow officers to gain safer access to a high risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow officers to take a citizen into custody without force. There are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. 215
"Flashbang" being deployed "Flashbang"
Tear gas and pepper ball: Tear gas (also known as "CS" gas) and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk of physical safety. They are also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allows peace officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so. These “less lethal” weapons afford peace officers an added option to avoid deadly force encounters. Of note, the Oxnard Police Department has not deployed tear gas to address crowds in many decades; the use of this has been limited to SWAT deployments involving barricaded suspects.
Top: 40mm tear gas projectiles; Bottom: Handheld tear gas grenades
Top: Pepper ball launcher (CO2 propelled); Bottom:
Pepper balls
There are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. 216
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
The 40mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable.
Top and center: 40mm projectile launchers; Bottom: .12 gauge "bean bag" shotgun
Top half: 40mm less lethal impact rounds (foam
baton); Bottom half: .12 gauge less lethal
impact shells (foam baton at top, "bean bag" at
bottom)
The clearly-marked bean bag shotgun fires a less lethal, "bean bag" projectile up to a distance of approximately seventyfive (75) feet. This allows officers to confront a potentially armed or dangerous suspect at a longer distance, and serves as a force option intended to not kill the target. Bean bag shotguns can prevent deadly force encounters. They have been successfully deployed by the Oxnard Police Department for over twenty (20) years, with many instances that prevented what could have otherwise resulted in a lethal use of force.
As such, there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
Concluding comments
The equipment listed in the Oxnard Police Department’s policy is critical to efficiency and the public’s safety, and there 217
are no other practical alternatives for them. The Policy and Ordinance safeguards the public’s welfare, safety, civil rights and civil liberties. The Policy ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For example, the Policy requires that Police Department personnel comply with the Policy. The Police Department will conduct an annual inventory and review of its military equipment. Deviations from the Policy will be corrected if or when discovered. Members of the public are provided direction how to register complaints for violations. Any military equipment items which result in a use of force will be thoroughly investigated, as is already required and performed by existing, robust Police Department policies and practices that involve thorough, multi-layered review.
If Policy 708 is approved by Council ordinance, the Police Department will submit to the City Council and post to its website an annual report in compliance with Government Code section 7072, and a community engagement meeting will be held prior to Council consideration of the annual report. Based on the annual report, the City Council shall determine compliance with the standards for approval of each type of military equipment identified in the report, and determine whether to renew, modify, or disapprove the renewal of authorization for each type of identified military equipment.
STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee received a report on March 22, 2022, and recommended 2-0 that the item proceed to City Council.
Prepared by: Jason Benites, Police Chief
ATTACHMENTS
1. Attachment A: Military Equipment Use Policy
2. Attachment B: Military Equipment Use Ordinance
3. Attachment C: Slide Presentation
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Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department, in this case the Oxnard City Council.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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708.2 POLICY
It is the policy of the Oxnard Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of the Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Oxnard Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or his/her authorized designee shall ensure the proposed military equipment policy is submitted to the governing body, and is available on the Department website at least (30) days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).
The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
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(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.5 COORDINATION WITH OTHER JURISDICTIONS
This policy recognizes the need for agencies to provide assistance to each other, whether in ongoing combined or regional operations, occasional planned operations, or in exigent circumstances. Where applicable to the provisions of Government Code § 7070 through § 7075, such assisting agencies must comply with their respective military equipment use policies when rendering assistance.
708.6 EXTRAORDINARY CIRCUMSTANCES
This policy also recognizes that there may be very limited or extreme instances where incidents of extraordinary nature could demand the need for incident commanders to authorize Department personnel to use equipment not specified in this policy. This decision must be influenced by the totality of the circumstances, including the due regard for the public's safety, officer safety, respecting civil rights, seriousness of the situation, and other information available at that time.
Should such extreme instances occur that call for members of this Department to use equipment not specified in this policy, the incident commander shall, if practical, notify the Chief of Police via the chain of command prior to deploying such equipment. Should such circumstances occur, the Chief of Police or his/her designee, shall notify the City Council as soon as practical, and indicate any such uses in the required annual report.
708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or his/her authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. 221
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(c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Chief of Police or his/her authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
708.9 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying "military equipment" for the Department. This inventory may include equipment the Oxnard Police Department does not currently possess but intends to acquire:
Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Govt. Code §7070(c)(1) Quantity Owned/Sought: 1 owned Lifespan: 200-300 flight hours Equipment Capabilities: Remotely piloted aerial vehicles capable of providing real-time and recorded video images captured from aerial positions, including images enhanced by forward-looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: "The all-new DJI Matrice 300 RTK Commercial Drone System has created a new standard for the commercial drone industry. With inspiration from modern aviation systems, the DJI Matrice 300 RTK offers up to 55 minutes of flight time. The advanced flight control system, 6 Directional Sensing and Positioning systems, AI spot-checking, Smart Track, PinPoint, Location Sharing, and an all-new Primary Flight Display make the Matrice 300 RTK one of the most powerful and capable industrial platforms on the market." Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department's mission of protecting lives and property when other means and resources are not available or are less effective.
Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification, and mitigation; response to emergency calls; crisis communications
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Fiscal Impacts: $32,000 initial equipment purchase. The ongoing costs for software licensing and batteries will vary.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. Use is subject to Oxnard Police Department Policy Manual section 610.
Training Required: Personnel must possess a valid Federal Aviation Administration Part 107 certificate, complete a Department training course, and must continuously train in both night and daytime flight environments (three takeoffs/landings within 90 day periods).
Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Govt. Code §7070(c)(1) Quantity Owned/Sought: 3 owned Lifespan: 200-300 flight hours Equipment Capabilities: Remotely piloted aerial vehicles capable of providing real-time and recorded video images captured from aerial positions, including images enhanced by forward-looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: "The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems, and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12-megapixel photos that support up to 6x FHD zoom. DJI signature technologies such as obstacle sensing and the advanced pilot assistance system, help you capture complex shots effortlessly. Additional features like the built-in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose-built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes."
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department's mission of protecting lives and property when other means and resources are not available or are less effective.
Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification, and mitigation; response to emergency calls; crisis communications
Fiscal Impacts: $3,500 purchase price per unit. The ongoing costs for software licensing and batteries will vary.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. Use is subject to Oxnard Police Department Policy Manual section 610.
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Training Required: Personnel must possess a valid Federal Aviation Administration Part 107 certificate, complete a Department training course, and must continuously train in both night and daytime flight environments (three takeoffs/landings within 90 day periods).
Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Govt. Code §7070(c)(1) Quantity Owned/Sought: 3 owned Lifespan: 100-150 flight hours Equipment Capabilities: Remotely piloted aerial vehicles capable of providing real-time and recorded video images captured from aerial positions.
Manufacturer Product Description: " The DJI Spark is a mini drone that features all of DJI's signature technologies, allowing you to seize the moment whenever you feel inspired. With intelligent flight control options, a mechanical gimbal, and a camera with incredible image quality, Spark empowers you to push your creative boundaries."
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department's mission of protecting lives and property when other means and resources are not available or are less effective.
Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification, and mitigation; response to emergency calls; crisis communications
Fiscal Impacts: $400 purchase price per unit. The ongoing costs for software licensing and batteries will vary.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. Use is subject to Oxnard Police Department Policy Manual section 610.
Training Required: Personnel must possess a valid Federal Aviation Administration Part 107 certificate, complete a Department training course, and must continuously train in both night and daytime flight environments (three takeoffs/landings within 90 day periods).
Equipment Name: Unmanned, remotely operated ground vehicle – CA Govt. Code §7070(c)(1) Quantity Owned/Sought: 1 owned Lifespan: Approximately 10 years Equipment Capabilities: The small remotely operated ground vehicle can be deployed quickly and is capable of providing live and recorded video images through several cameras including a pan, tilt, zoom camera. The vehicle has night vision capability. A built-in speaker and microphone provide the ability to establish verbal communications.
Manufacturer Product Description: The RoboteX Avatar robot Enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you have had a chance to assess the situation." Purpose/Authorized Uses: Provides officers the ability to visually inspect hazardous environments and make two-way communication from a safe distance without exposing officers to potential hazards. The robot can be used during high-risk tactical situations, such as barricaded subjects and hostage rescues.
The robot may also be used to inspect hazardous materials, possible explosive devices, and other hazardous situations.
Fiscal Impacts: $12,433.87 initial purchase
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Legal/Procedural Rules Governing Use: Absent exigent circumstances, a search warrant must be obtained prior to the robot entering a private dwelling. All search and seizure laws shall be adhered to.
Use is subject to Oxnard Police Department Policy Manual section 610.5.1 Training Required: Only SWAT Team personnel are authorized to control the robot, and only after completing operator training.
Equipment Name: Armored rescue vehicle – CA Govt. Code §7070(c)(3) Quantity Owned/Sought: 2 owned Lifespan: Approximately 20 years Equipment Capabilities: Provides ballistic protection up to.50 caliber. Range: 100 miles.
Manufacturer Product Description: "The Lenco Bearcat is a four-wheeled, five-speed automatic transmission, diesel engine-powered vehicle with ballistic resistant glass and armor rated to.50 caliber." Purpose/Authorized Uses: Provides ballistic protection to accommodate the safe transport, security, and rescue of agency personnel and members of the public in high-risk incidents. Used to support tactical operations.
Fiscal Impacts: $265,000 initial cost; $1,100 estimated average annual maintenance per unit.
Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class C driver's license. Refer to Oxnard Police Department Policy section 416.
Training Required: Annual briefing training.
Equipment Name: Large Mobile Command Vehicles – CA Govt. Code §7070(c)(5) Quantity Owned/Sought: 2 owned Lifespan: 80k - 100k miles Equipment Capabilities: The vehicle is equipped with communications equipment, office equipment, workstations, dispatcher stations, and a small conference area.
Manufacturer Product Description: "Mattman"
Purpose/Authorized Uses: Provides incident managers the ability to coordinate and manage police resources during large-scale events or incidents.
Fiscal Impacts:~$750,000 (replacement value)
Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class B driver's license.
Training Required: Utilized by sworn personnel of the rank of Sergeant or higher. Does not require additional training.
Equipment Name: Command Vehicles – CA Govt. Code §7070(c)(5) Quantity Owned/Sought: 4 owned Lifespan: 80k - 100k miles Equipment Capabilities: Ford Explorer chassis patrol vehicle, equipped with additional radio, mobile data computer, dry erase boards and storage cabinets. The vehicle has a range of approximately 300 miles.
Manufacturer Product Description: "Mid-size modular forward command post designed to meet the most demanding operational needs of the mobile field commander" Purpose/Authorized Uses: Provides incident supervisors/managers the ability to coordinate and manage police resources during incidents.
Fiscal Impacts: $38,000 purchase price of vehicle, $3,374.19 cost to outfit the vehicle with equipment.
Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class C driver's license.
Training Required: Utilized by sworn personnel of the rank of sergeant or higher. Does not require additional training.
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Equipment Name: Frangible breaching shotgun – CA Govt. Code §7070(c)(7) Quantity Owned/Sought: 2 owned Lifespan: Approximately 25 years Equipment Capabilities: The modified 12 gauge Remington 870 shotgun is designed to fire a copper or clay compressed frangible (brittle, fragile) projectile through door locking mechanisms and hinges.
After defeating the hardware of a door, the projectile disintegrates, mitigating the risk for potential injury to bystanders.
Manufacturer Product Description: "Royal Arms is the original inventor, as well as oldest manufacturer of: Breaching Stand-Off Device, 12 Gauge Breaching Shotgun, Copper & Clay Frangible Breaching Rounds."
Purpose/Authorized Uses: Allows SWAT officers to quickly and safely and effectively breach doors and gates during high-risk search warrant services and hostage rescues.
Fiscal Impacts: Approximately $800 per unit initial purchase. The ongoing cost for ammunition varies.
Legal/Procedural Rules Governing Use: Absent exigent circumstances, a search warrant must be obtained prior to entering a private dwelling. All search and seizure laws shall be adhered to. Use is subject to Oxnard Police Department Policy Manual section 611, and the Oxnard Police Department SWAT Manual.
Training Required: SWAT Team personnel are authorized to use the breaching shotgun after receiving the required training and have demonstrated the ability to utilize the tool safely and competently. SWAT Team personnel must undergo annual recertification and qualification.
Equipment Name: 5.56mm Semi-Automatic Rifles and Ammunition - CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 116 Lifespan: Approximately 15 years Equipment Capabilities: Semi-automatic rifles that fire a 5.56mm projectile.
Manufacturer Product Description: The Colt Enhanced Patrol Rifle (EPR) is the next evolution in the world's most dependable, thoroughly field-tested patrol rifle.
Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When an officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.
Fiscal Impacts: The initial cost of equipment is approximately $1,100 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force and Firearms including Oxnard Police Department Policy Manual sections: 300, 305, 310, 312, 314.7.3, 433.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. 226
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Other Notes: These rifles are standard issue service weapons for officers and are exempted from this Military Equipment Use Policy per CA Govt. Code §7070 (c)(10). They have been included in this document in the interest of transparency.
Equipment Name: 5.56mm Semi-automatic Rifles and Ammunition - CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 20 owned Lifespan: Approximately 15 years Equipment Capabilities: Semi-automatic rifle capable of firing a 5.56mm projectile.
Manufacturer Product Description: "The Sionics SAR-15 Lothar Walther German Stainless Steel Precision Barrel will give you unmatched accuracy as well as incredible accuracy at distance" Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When an officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.
Fiscal Impacts: The initial cost of equipment is approximately $1,100 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force and Firearms including Oxnard Police Department Policy Manual sections: 300, 305, 310, 312, 314.7.3, 433.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Other Notes: These rifles are standard issue service weapons for officers and are exempted from this Military Equipment Use Policy per CA Govt. Code §7070 (c)(10). They have been included in this document in the interest of transparency.
Equipment Name:.308 caliber bolt-action Rifle and Ammunition - CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 3 owned Lifespan: Approximately 15 years Equipment Capabilities: The Remington 700 Sniper Rifle fires a.308 caliber projectile at extended distances.
Manufacturer Product Description: "The Remington 700 is the number one bolt-action of all time, proudly made in the U.S.A. For over 50 years, more Model 700s have been sold than any other boltaction rifle before or since. The legendary strength of its 3-rings-of-steel receiver paired with a hammerforged barrel, combine to yield the most popular bolt-action rifle in history" 227
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Purpose/Authorized Uses: This rifle is exclusively authorized for use by a sniper-trained SWAT officer, and may be deployed in circumstances where the officer can articulate a reasonable expectation that the rifle may be necessary. Examples of some general guidelines for deploying the rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When the officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.
Fiscal Impacts: $1,604.12 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force including Oxnard Police Department Policy Manual sections 300, 305, 310, 312, 314.7.3 and the Oxnard Police Department SWAT Manual.
Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Snipers must successfully complete a CA POST certified sniper course as well as regular SWAT Sniper training and qualifications as required by law and policy.
Equipment Name:.308 caliber bolt-action Rifle and Ammunition - CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 3 owned Lifespan: Approximately 15 years Equipment Capabilities: Accuracy International AT Law Enforcement fires a.308 caliber projectile at extended distances.
Manufacturer Product Description: "The Accuracy International AT rifle series integrates the proven Accuracy International flat bottomed, precision machined action that is epoxy bonded and bolted to a chassis with the best features of the AW and AE models to set a new standard of expectation for precision tactical rifles. The AT is a configurable, mission-adaptable, long-range tactical rifle system offered in 308/7.62 NATO"
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Purpose/Authorized Uses: This rifle is authorized for use by a Sniper-trained, SWAT Operator only and may be deployed in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When the officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.
Fiscal Impacts: $6,651 per rifle. The ongoing costs for ammunition vary, and maintenance is conducted by Department staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force including sections 300, 305, 310, 312, 314.7.3, and the Oxnard Police Department SWAT Manual.
Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Snipers must successfully complete a CA POST certified sniper course as well as regular SWAT Sniper training and qualifications as required by law and policy.
Equipment Name: "Flashbang" grenades - CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 124 owned Lifespan: 5 years
Equipment Capabilities: Produces 6-8 million candela of light and 175 decibels of sound Manufacturer Product Description: "The Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light"
The 7290-2 is a non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.
Purpose/Authorized Uses: The light sound diversionary device ("flashbang") is a less-lethal device used during high-risk search warrants, arrests of armed and violent suspects, and hostage rescues. An intense bright light and loud noise are created temporarily overwhelming a suspect's senses which may potentially prevent a suspect from harming officers.
Fiscal Impacts: $44.09 per unit (Model 7290M), $59.32 per unit (Model 7290-2) Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual section 307. Operational use is under the purview of the SWAT Commander or Watch Commander. 229
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Training Required: SWAT personnel, K9 handlers, and former SWAT personnel assigned as patrol sergeants are authorized to carry light sound diversionary devices. All authorized personnel must attend a user's course taught by a POST-certified instructor and complete a qualification. Personnel must demonstrate proficiency and qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 20 owned Lifespan: 5 years
Equipment Capabilities: A "less lethal" tool used to compel violent/ armed and barricaded suspects to exit structures when the circumstances are too hazardous for officers to enter. May also be used to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should proceed its use when feasible. Designed as a chemical agent dispersal tool and not an impact weapon.
Manufacturer Product Description: "CTS 5230B - CS baffled canister grenade, pyrotechnic, low flame potential grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire"
Purpose/Authorized Uses: Less lethal tool used to compel violent/ armed and barricaded suspects from vehicles and structures when the circumstances are too hazardous for officers to enter. May also be used to disperse large, violent, and riotous crowds. Verbal warnings should precede its use when feasible.
Fiscal Impacts: $38.00 per unit
Legal/Procedural Rules Governing Use:Use is subject to Oxnard Police Department Policy Manual sections 300, 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel who are responsible for formulating chemical agent deployment plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 11 owned Lifespan: 5 years
Equipment Capabilities: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.
Manufacturer Product Description: "CS baffled canister grenade, pyrotechnic, low flame potential designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire"
Purpose/Authorized Uses: Less lethal tool used to compel violent/ armed and barricaded suspects from vehicles and structures when the circumstances are too hazardous for officers to enter. Verbal warnings should precede its use when feasible.
Fiscal Impacts: $38.00 per unit
Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 17 owned Lifespan: 5 years
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Equipment Capabilities: 40mm short-range CS chemical agent round with an effective range of 75 yards.
Manufacturer Product Description: "Defense Technology 6282 40mm short-range CS chemical agent round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone"
Purpose/Authorized Uses: Less lethal chemical agent designed to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should proceed its use when feasible.
Designed as a chemical agent dispersal tool and not an impact weapon.
Fiscal Impacts: $34.55 per unit
Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 7 owned Lifespan: 5 years
Equipment Capabilities: Capable of delivering CS chemical agents quickly over a large area.
Manufacturer Product Description: "Defense Technology Triple Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time"
Purpose/Authorized Uses: Less lethal chemical agent designed to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should precede its use when feasible.
Designed as a chemical agent dispersal tool and not an impact weapon.
Fiscal Impacts: $41.55 per unit
Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300, 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 8 owned Lifespan: 5 years
Equipment Capabilities: Small device capable of delivering a medium volume of CS chemical agent and smoke.
Manufacturer Product Description: "Defense Technology Pocket CS Grenade is a small, lightweight, easily carried device that provides a medium volume of chemical agent or smoke for certain situations. It was designed with the tactical team in mind for distraction, concealment, rescue, or signaling"
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Purpose/Authorized Uses:Less lethal device used to disperse a large smoke cloud with a medium volume of chemical agent. It is used by tactical teams in emergency situations to provide concealment, as well as a distraction during rescues of downed individuals and active shooter situations.
Fiscal Impacts: $19.20 per unit
Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policies 300 and 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 5 owned Lifespan: 5 years
Equipment Capabilities: Capable of quickly delivering a large volume of CS chemical agent to disperse violent crowds.
Manufacturer Product Description: "Defense Technology Riot Control CS is designed specifically for outdoor use in crowd control situations, the Riot Control Grenade is a high volume continuous burn canister that expels its payload in approximately 20 - 40 seconds" Purpose/Authorized Uses:Less lethal chemical agent designed to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should proceed its use when feasible.
Designed as a chemical agent dispersal tool and not an impact weapon.
Fiscal Impacts: $27.05 per unit
Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 8 owned Lifespan: 5 years
Equipment Capabilities: Non-burning munition used to introduce CS chemical agents through doors and windows.
Manufacturer Product Description: "Defense Technology CS ferret is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial" Purpose/Authorized Uses: Less lethal tool used to compel violent/ armed and barricaded suspects to exit from structures when the circumstances are too hazardous for officers to enter. Verbal warnings should proceed its use when feasible.
Fiscal Impacts: $20.55 per unit
Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually. 232
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Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 18 owned Lifespan: 5 years
Equipment Capabilities: Capable of delivering a large volume of Oleoresin Capsicum (OC) chemical agent in the form of mist.
Manufacturer Product Description: "Defense Technology OC vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist"
Purpose/Authorized Uses: Less lethal tool used to compel violent/armed and barricaded suspects to exit from structures and vehicles when the circumstances are too hazardous for officers to enter. Verbal warnings should precede its use when feasible.
Fiscal Impacts: $44.45 per unit
Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Quantity Owned/Sought: 10 owned Lifespan: 5 years
Equipment Capabilities: Capable of delivering OC and CS chemical agent in vapor form.
Manufacturer Product Description: "Defense Technology OC/ CS vapor is a unique grenade delivering an invisible vapor and rendering an intense respiratory effect. Provides best results when used indoors and requires no personal decontamination"
Purpose/Authorized Uses: Less lethal tool used to compel violent/ armed and barricaded suspects from structures when the circumstances are too hazardous for officers to enter. Verbal warnings should precede its use when feasible.
Fiscal Impacts: $53.10 per unit
Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use under the purview of the SWAT Commander or Watch Commander.
Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT Team officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Pepper launcher/ pepper balls - CA Govt. Code §7070(c)(12) Quantity Owned/Sought:11 launchers owned Lifespan: Approximately 15 years Equipment Capabilities: The Pepperball launcher fires hard plastic frangible (fragile, breakable) spheres, each weighing 2.5 grams. The spheres contain Pava powder. The effective range for direct impact of an individual is 30 feet; the effective range is 150 feet for area saturation.
Manufacturer Product Description: "The need for non-lethal options in daily patrol, crowd management, corrections, and other situations has never been greater. PepperBall, as the leading nonlethal option, allows officers to maintain distance from crowds and individual assailants. This reduces risk while enhancing the capability of officers to limit or control escalation, to repel or temporarily incapacitate threats, and to keep themselves and the public safe while performing their duties" 233
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Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application. The pepperball is a "less lethal" device that affords officers with force options that are intended to mitigate the likelihood of having to use lethal force.
Fiscal Impacts: $499 per launcher. The ongoing costs for ammunition will vary and maintenance is conducted by Department staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force including sections 300 and 308.
Training Required: Initial orientation course, including qualifications, are provided by Department members who have attended a POST-certified instructor's course; annual recertification including qualifications are required by all operators.
Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Govt. Code §7070(c)(14)
Quantity Owned/Sought: 4 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, as well as chemical agents.
Manufacturer Product Description: "Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum, and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers" Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a "less lethal" use of force option, which serves as additional options to mitigate the possibility of using lethal force.
Fiscal Impacts: $3,400 initial purchase per launcher, $2,500 initial purchase of 40mm projectiles. The ongoing cost for munitions will vary.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force, primarily Oxnard Police Department Policy Manual sections 300 and 308.
Training Required: Initial orientation course including qualifications are provided by Department members who have attended a POST-certified instructor's course; annual recertification, including qualifications by demonstrated use in a training environment are required of all operators.
Equipment Name: Less lethal shotgun - CA Govt. Code §7070(c)(14) Quantity Owned/Sought: 25 owned Lifespan: Approximately 20 years Equipment Capabilities: The Model 2581 Super-sock is a less-lethal impact munition fired from a standard 12 gauge shotgun. The super-sock projectile is a fabric bag filled with lead shot. The effective range is 75 feet.
Manufacturer Product Description: "The Super-Sock is first in its class providing the point control accuracy and consistent energy to momentarily incapacitate violent, non-compliant subjects. The effective range is 75 feet"
Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application. The pepperball is a "less lethal" device that affords officers with force options that are intended to mitigate the likelihood of having to use lethal force. 234
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Fiscal Impacts: The 12 gauge shotguns used to deploy the Super-Sock impact munition are repurposed Remington 870 shotguns, taken from the Oxnard Police Department weapons inventory.
Approximately $35.50 for a box of 5. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force including sections 300 and 308.
Training Required: Initial orientation course including qualifications are provided by Department members who have attended a POST-certified instructor's course; annual recertification including qualifications are required by all operators.
Equipment Name: Unmanned, remotely operated ground vehicle – CA Govt. Code §7070(c)(1) Quantity Owned/Sought: 1 sought
Equipment Capabilities: The small remotely operated ground vehicle can be deployed quickly and is capable of providing Manufacturer Product Description: Transcend's Vantage robot is the world's only double-patented automatic stair and o Purpose/Authorized Uses: Provides officers the ability to visually inspect hazardous environments and make two-way co Fiscal Impacts:If acquired, this will be a donation made to the Oxnard Police Department. There would be no cost assoc Legal/Procedural Rules Governing Use: Absent exigent circumstances, a search warrant must be obtained prior to the r Training Required: Only SWAT Team personnel are authorized to control the robot, and only after completing operator tr Equipment Name: Large Mobile Command Vehicle – CA Govt. Code §7070(c)(5) Quantity Owned/Sought: 1 sought
Equipment Capabilities: The vehicle is equipped with communications equipment, office equipment, workstations, dispat Manufacturer Product Description:The manufacturer has yet to be determined.
Purpose/Authorized Uses:Provides incident managers the ability to coordinate and manage police resources during larg Fiscal Impacts: $750,000
Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class C driver's license.
Training Required: Utilized by sworn personnel of the rank of Sergeant or higher. Does not require additional training.
Notes: The Oxnard Police Department intends to purchase a new mobile command post to replace the two existing, aging 235
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
AMENDING CHAPTER 2 ARTICLE III DIVISION 7 TO THE OXNARD CITY
CODE GOVERNING THE USE OF MILITARY EQUIPMENT BY THE OXNARD
POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) relating to the use of military equipment by law enforcement agencies; and
WHEREAS, AB 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of such military equipment; and WHEREAS, the term “military equipment” is defined in California Government Code section 7070; and
WHEREAS, the Oxnard Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and WHEREAS, AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specific determinations; and
WHEREAS, the proposed military equipment use policy is found within Oxnard Police Department Policy Manual Section 708; and WHEREAS, Oxnard Police Department Policy Manual Section 708 was published on the Oxnard Police Department’s internet website on March 3, 2022 and is set forth as an attachment to the report presented to the City Council at the public hearing held on April 19, 2022; and
WHEREAS, Oxnard Police Department Policy Manual Section 708 meets the requirements of California Government Code section 7070(d); and
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WHEREAS, based on the findings above, in addition to information provided to the City Council at the April 19, 2022 public meeting, the Oxnard City Council determines as follows:
A. The military equipment identified in Oxnard Police Department Policy Manual Section 708 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
B. Oxnard Police Department Policy Manual Section 708 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. Oxnard Police Department Policy Manual Section 708 will contain a list of equipment items that are defined as “military equipment” as per California Government Code sections 7070 through 7075.
D. The military equipment identified in Oxnard Police Department Policy Manual Section 708 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
NOW THEREFORE, the City Council of the City of Oxnard does hereby ordain as follows:
Section 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.
Section 2. Code Amendment. Chapter 2, Article III, Division 7 of the Oxnard City Code is hereby amended to add Section 2-112 thereto to read as follows:
“SEC. 2-112. MILITARY EQUIPMENT POLICY
(A) The City Council hereby adopts Oxnard Police Department Policy Manual Section 708 (the “Policy”) which shall govern the use of military equipment by the Oxnard Police Department. The Policy may be amended by the Chief of Police or his or her designee, subject to City Council approval.
(B) The Policy shall be made publicly available on the Oxnard Police Department’s website for as long as the military equipment is available for use or as otherwise ordained by the City Council. (C) The Oxnard Police Department shall submit an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified 237
therein complied with the standards for approval set forth in Government Code Section 7071(d).
(D) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew it pursuant to Government Code Section 7071(e)(2). At such time, the Policy shall be presented to the City Council as an attachment to the annual report. (E) The definitions set forth in Government Code section 7070 shall apply to this Section of the City Code. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.”
Section 3. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The Council of the City of Oxnard hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Section 5. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.
Section 6. Within fifteen days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation, published and circulated in the City. Ordinance No. _______ was first read on _______________, 2022, and finally adopted on ___________________, 2022, to become effective thirty days thereafter.
AYES:
NOES:
ABSENT:
ABSTAIN:
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__________________________________
John C. Zaragoza, Mayor
ATTEST:
__________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
__________________________________
Stephen M. Fischer, City Attorney
239
OxnARD City Council
April 19, 2022 Meeting
Assembly Bill 481
Funding, Acquisition, and Use of Military Equipment
Requirements for Law Enforcement Agencies
Jason Benites, Chief of Police
1 240
RECOMMENDATION 2
● That the City Council conduct a public hearing for the purpose of adopting an ordinance that establishes a
military equipment funding, acquisition, and use policy for the Police Department.
241
ORIGIN TOPICS 3
● Narrative and debate regarding the “militarization” of policing in America
● Criticism and scrutiny of law enforcement agency (LEA) uses of military equipment
● Demand for regulation of law enforcement agency use of military equipment
242
Military Equipment and Law Enforcement 4
● Defense Logistics Agency's 1033 Program
● Formerly Defense Reutilization Marketing Office Program ("DRMO")
OXNARD PD DOES NOT CURRENTLY PROCURE
EQUIPMENT FROM THESE PROGRAMS 243
Assembly Bill 481 (“AB 481”) 5
● Intended to regulate the funding, acquisition and use of military equipment by LEA’s
● Effective January 1, 2022, AB 481 is codified in
Government Code sections 7070 through 7075
● Requires LEA’s to obtain annual approval from their
applicable governing body, via adoption of a military
equipment use policy by ordinance, prior to the LEA
funding, acquiring, or using such equipment
(“The Policy” and “The Ordinance”)
244
AB 481 Requirements 6
● LEA’s must begin the approval process from their applicable governing body by May 1, 2022 via adoption of a “military equipment use” policy by ordinance, prior to the LEA’s funding, acquiring, or using such equipment
○ March 22 Community Services, Public Safety, and Housing & Development meeting (Report)
○ April 19 Public Hearing (First reading)
○ June 7 Info/consent (Second reading)
● The Policy shall include an inventory list of military equipment ● Oxnard Police Department Policy Manual, section 708
● LEA’s must post this policy on their websites
○ www.OxnardPD.org (Under “transparency” tab)
● Future acquisitions of military equipment will require a further public meeting, policy update, and council approval
245
AB 481 Requirements 7
● LEA’s must produce and submit an annual report to their governing body (1st report in spring of 2023)
● Each year, the governing body shall:
● Receive the annual report
● Review the ordinance
● Approve/disapprove a renewal of the authorization
for a type of military equipment, or
● Modify the military equipment use policy
● Police Department must hold at least one community
engagement meeting within 30 days of submitting the
annual military equipment report to Council
246
AB 481’s Definition of “Military Equipment” 8
Definitions of “Military Equipment”
● AB 481’s definition of “military equipment” extends
beyond equipment that has a clear default to military use ● Under AB 481, the term more broadly applies to fifteen (15) categories of equipment types
247
“MILITARY EQUIPMENT” PER AB 481 9
(1) Unmanned, remotely piloted, powered aerial or ground vehicles
Oxnard PD UAS
Remote control robotic equipment
248
“MILITARY EQUIPMENT” PER AB 481 10
(2) Mine-resistant ambush-protected (MRAP) vehicles or
armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision
(OXPD does not have an MRAP)
249
“MILITARY EQUIPMENT” PER AB 481 11
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton
trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
2 Oxnard Police ARVs: AB 481 Applies
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“MILITARY EQUIPMENT” PER AB 481 12
The armored rescue vehicles increase safety for officers as well as the public and are necessary for protection
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“MILITARY EQUIPMENT” PER AB 481 13
(4) Tracked armored vehicles that provide ballistic
protection to their occupants and utilize a tracked system instead of wheels for forward motion
** OXPD DOES NOT HAVE EQUIPMENT FROM THIS CATEGORY **
252
“MILITARY EQUIPMENT” PER AB 481 14
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Mobile Command Post
SWAT Van Command Vehicles
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“MILITARY EQUIPMENT” PER AB 481 15
(6) Weaponized aircraft, vessels, or vehicles of any kind ** OXPD DOES NOT HAVE EQUIPMENT FROM THIS CATEGORY **
(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature
Breaching Shotguns and Munitions
254
“MILITARY EQUIPMENT” PER AB 481 16
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision ** OXPD DOES NOT HAVE EQUIPMENT FROM THIS CATEGORY **
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision
** OXPD DOES NOT HAVE EQUIPMENT FROM THIS CATEGORY **
255
“MILITARY EQUIPMENT” PER AB 481 17
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency
5.56mm Patrol Rifles
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“MILITARY EQUIPMENT” PER AB 481 18
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles
** OXPD DOES NOT HAVE EQUIPMENT FROM THIS CATEGORY **
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, serviceissued handheld pepper spray 257
“MILITARY EQUIPMENT” PER AB 481 19
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, serviceissued handheld pepper spray Tear Gas
258
“MILITARY EQUIPMENT” PER AB 481 20
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, serviceissued handheld pepper spray Pepper Ball Launcher and Munitions
259
“MILITARY EQUIPMENT” PER AB 481 21
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD)
** OXPD DOES NOT HAVE EQUIPMENT FROM THIS CATEGORY **
260
“MILITARY EQUIPMENT” PER AB 481 22
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean
bag,” rubber bullet, and specialty impact munition (SIM) weapons
40MM Launchers and Munitions Bean Bag Shotgun and Munitions 261
“MILITARY EQUIPMENT” PER AB 481 23
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight
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RECAP 24
● The Police Department is seeking the City Council’s
adoption of the Police Department’s Military Equipment
Use Policy by ordinance
● The City Council may approve, deny, or request a
modification to the Policy
● The Policy (section 708 of the Oxnard Police Department Policy Manual) is available on the Department’s website ● The Police Department will provide an annual report to the City Council, along with a request to approve the
Policy
● The Police Department will seek community input on the Policy within 30 days of submitting the report to the City Council
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QUESTIONS
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CITY COUNCIL AGENDA REPORT
PUBLIC HEARINGS
AGENDA ITEM NO. L.2
DATE: April 19, 2022
TO: City Council
FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected] SUBJECT: Portofino Place: A request for a General Plan Amendment to change the 2030 General Plan land use designation of a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221-265, and 185-0-223-015) from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02); a Zone Change from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), and a Tentative Subdivision Map (Tract No. 6064) for condominium purposes (PZ 20-300-02) to allow for the construction of 90, twostory condominium dwelling units and associated site improvements. (10/20/20)
RECOMMENDATION
That the City Council:
1. Conduct a public hearing; and
2. Adopt a Resolution adopting Addendum No. 1 to previously adopted Mitigated Negative Declaration (MND) 2004-11; and
3. Adopt Resolution approving Planning and Zoning Permit No. 20-620-02 (General Plan Amendment) to change the land use designation of the project site from Business Research Park (BRP) to Residential Medium (RM), and
4. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-570-02 (Zone Change) to change the zoning of the project site from Business Research Park to MultipleFamily (R-2) and set the date of the second reading to occur on May 3, 2022, and
5. Adopt Resolution approving Planning and Zoning Permit No. 20-300-02 (Tentative Subdivision Map for Tract No. 6064), subject to certain findings and conditions, and
6. Approve an Affordable Housing Agreement.
This item did not originate in Committee.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Rj368- TMgw4
BACKGROUND
EXECUTIVE SUMMARY
The City Council is being asked to approve a General Plan Amendment to change the 2030 General Plan land use designation of a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221-265, and 185-0-223-015) from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02), a Zone Change to change the zoning of the project site from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), and a Tentative Subdivision Map (Tract No. 6064) for 265
condominium purposes and to combine three existing lots into two lots (PZ 20-300-02). Approval of these requests would allow for the construction of 90, two-story condominium dwelling units with attached 2-car garages, 222 total visitor parking spaces, a common swimming pool and playground, 3,281 square-foot recreation building, entry gates and perimeter walls, private roads, detention basins, landscaping and associated site improvements approved by the Planning Commission with Special Use Permit (PZ 19-500-04), subject to the City Council approving the the General Plan Amendment, Zone Change and Tentative Subdivision Map.
BACKGROUND
Prior to 2004, the 17-acre project site had a 2020 General Land Use designation of Business Research Park (BRP) and was zoned BRP. Attachment A includes a regional location and vicinity map, an aerial photo of the project site and surrounding area, and an Oxnard General Plan and zoning designation map. In 2004, the Council approved a General Plan Amendment and Zone Change to designate 7.885 acres of the 17-acre project site as residential. At that time, just south of the subject site, Council approved a Tentative Subdivision Map and Special Use Permit for the construction of a 41 single-family residential subdivision. Based on the 2004 project approval, the 2020 General Plan land use designation and zoning for the remaining 7.61 acres was to be changed to Commercial General and General Commercial (C-2) through a separate General Plan Amendment and Zone Change application, but the applicant did not proceed with the application and it remained BRP.
On March 19, 2019, a Pre-Application (PZ 18-600-02) was presented to the City Council requesting that City Council review and provide preliminary comments on:
A Pre-Application to construct a 90-unit residential project, inclusive of an office/gym/pool building; associated parking spaces; and children’s play area; and
The applicant’s request to pay the City’s affordable housing in-lieu fee instead of constructing the affordable housing units onsite.
At the meeting, the majority of the City Council members generally found the residential project to be acceptable at the site. However, the majority of discussion centered on the affordable housing in-lieu fee request. The City Council collectively commented that the fees were too low and residential projects should include affordable housing units onsite given the affordable housing in-lieu fee. The City Council had not previously supported developers' request to pay the affordable housing in-lieu fees based on the lower affordable housing in-lieu fee payments, and instead the City Council directed applicants to construct the affordable units onsite.
On November 18, 2021, the Planning Commission conducted a public hearing to review the proposed Project. The Planning Commission voted 6:1 to approve the Special Use Permit (Attachment B) for the development of the 90 condominium units and associated improvements, subject to the City Council approving the the General Plan Amendment, Zone Change and Tentative Subdivision Map, and recommended that the City Council adopt the Addendum No. 1 to the previously adopted Mitigated Negative Declaration (MND) 2004-11 (Attachment C), and approve the General Plan Amendment (Attachment D), Zone Change (Attachment E) and Tentative Subdivision Map (Attachment F).
At the public hearing, four members of the public spoke before the Planning Commission stating that the proposed Project should be required to install a traffic light at the intersection of Fifth Street and Portofino Place. Staff from the Traffic and Transportation Division attended the meeting and indicated that it is not anticipated that the additional traffic generated by the Project will require an upgrade of traffic control at the intersection of Fifth Street and Portofino Place.
The November 18, 2021, Planning Commission Staff Report is attached to this staff report as Attachment G.
On February 10, 2022, the Oxnard Airport Authority reviewed the project and by a 3-2 vote determined the project is an acceptable land use and is consistent with the adopted Ventura County Airport Comprehensive Land Use Plan.
On March 4, 2022, the Airport Land Use Commission reviewed the project and by a unanimous vote determined the project is consistent with the adopted Ventura County Airport Comprehensive Land Use Plan.
The items before the City Council are the General Plan Amendment, Zone Change, Tentative Subdivision Map Tract No. 6064, and Affordable Housing Agreement.
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DISCUSSION
Project Description
The project includes a General Plan Amendment request to change the 2030 General Plan land use designation of the project site from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02), a Zone Change to change the zoning of the project site from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), a Tentative Subdivision Map (Tract No. 6064) for condominium purposes and to combine three existing lots into two lots (PZ 20- 300-02), and an Affordable Housing Agreement. Please see the reduced Project plans (Attachment H) for more details.
Existing & Surrounding Land Uses
The Project area is a rectangular 7.61-acre, flat site that is bisected by Portofino Place. The western half of the Project site has a land area of approximately 4.88 acres and the easterly half has a land area of 2.73 acres and both sections are vacant and undeveloped. The Project site is surrounded by Fifth Street and industrial uses to the north of the Project site. The Oxnard Airport is located immediately to the north of the industrial land uses. Juan Lagunas Soria Elementary School is located to the east of the Project site. A recently constructed car wash business is located to the west of the Project site. The Project site is surrounded immediately to the south by a 41 single-family residential subdivision and a 101 multiple-family subdivision.
Oxnard Airport
The project site is located in the Oxnard Airport Sphere of Influence, Traffic Pattern Zone, and Height Restriction Zone.
The project has been designed to be consistent with the Ventura County Airport Comprehensive Land Use Plan (ALUP). Specifically, the project is consistent with the Noise standards (the project is outside the 60dB contours), the Safety Traffic Pattern Zone standards (less than 25% structural coverage) and airspace protection Height Restriction Zone standards (less than 25 feet high; has received Federal Aviation Administration's (FAA) Determination of No Hazard to Air Navigation). The project also complies with all R-2 zoning, land use, and development regulations applicable to the project site.
Additionally, the project would be required to implement Mitigation Measures G-2 and K-1 of the Addendum MND 2004-11 to avoid conflicts with airport compatibility requirements by providing necessary buffers as well as filing with and undergoing review by the FAA. With implementation of Mitigation Measures G-2 and K-1 from the 2004 MND and compliance with applicable regulations, the project would not result in new or substantially more severe impacts associated with applicable land use, habitat conservation, or natural community conservation plans, or dividing an established community. As such, no additional mitigation measures would be required for the proposed project.
The project has been conditioned to provide avigation easements, provide noise / airport adjacency disclosures to future owners / tenants, and to comply with Building Code acoustic standards.
On February 10, 2022, the Oxnard Airport Authority (OAA) reviewed the project as the project is located on vacant property within the Oxnard Airport Sphere of Influence as defined within the Oxnard City Code, and the OAA determined the project is an acceptable land use and is consistent with the adopted Ventura County Airport Comprehensive Land Use Plan.
On March 4, 2022, the Airport Land Use Commission (ALUC) reviewed the project as the project included a general plan amendment and a zone change for properties within the airport influence area per the California Airport Land Use Compatibility Planning Handbook, and the ALUC determined the project is consistent with the adopted Ventura County Airport Comprehensive Land Use Plan.
Tentative Subdivision Map
Tentative Map No. 6064 is requested for subdividing the existing 7.61 project site (three parcels) for condominium purposes into two lots.
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Lot 1 will be improved with 60 units, gated entry, swimming pool and playground area, parking and associated site improvements.
Lot 2 will be improved with 30 units, gated entry, recreational building, parking and associated site improvements.
Even though the subdivision is bisected by Portofino Place, tract conditions as outlined in the Project approval documents will be applied to both lots as one entity and the subdivision will be governed by a single homeowner’s association.
Residents will have access to both lots and enjoy amenities offered throughout the project site.
The proposed subdivision is consistent with the Subdivision Map Act, City Code Chapters 15 (Subdivisions) and 16 (Zoning Ordinance). The R-2 zoning and 2030 General Plan allow one unit per 3,500 square feet, which equates to 94 dwelling units on the property, specifically, multi-family units. The proposed subdivision, inclusive of the 90 condominium units, swimming pool and playground, recreational building, property/private walls; 7-foot entry gates, landscaping, parking, sidewalks are consistent with the policies and provisions of the 2030 General Plan because the proposed land use, and density of the project is of a multi-family use, which is an allowed use pursuant to the Residential Medium land use designation identified in the 2030 General Plan.
Circulation and Parking
Access to the proposed project will be primarily from driveways established from Portofino Place off of Fifth Street. Two additional driveways will be created to Fifth Street but will be gated and controlled to right turn in and right turn out only with emergency access only. Fifth Street westbound traffic would utilize the existing dedicated left turn pocket to access Portofino Place. Eastbound traffic on Fifth Street will be able to access the project site.
Based upon trip generation estimates from the Institute of Traffic Engineers (ITE) the proposed 90 dwelling units of the project may generate approximately 665 vehicles a day with 51 AM and 62 PM vehicles respectively. Total exiting AM and entering PM vehicles during these peak hours are approximately 40 vehicles resulting in less than 1 vehicle per minute average. The addition of these vehicles throughout the day and during the peak periods are not anticipated to exacerbate current conditions at the primary access intersection of 5th Street and Portofino Place. Additional access to/from the project site will be accommodated through access to the south of the project and distribution of project traffic along Dunkirk to other signalized access points on Patterson Road. It is not anticipated that the additional project traffic added to Portofino Place will require upgrade of traffic control at the intersection with 5th Street.
Since adoption of the 2004 MND the CEQA statute and guidelines have been revised to require evaluation of impacts on the local transportation and circulation system on the basis of vehicle miles traveled (VMT). The City of Oxnard has not adopted any specific significance thresholds related to VMT. The total VMT associated with commercial development under the original project as well as the residential development under the project was estimated using CalEEMod. Based on the CalEEMod analysis, the commercial development under the original project would result in annual VMT of 5,172,230. The project would result in substantially reduced annual VMT of 1,812,497, or an average daily VMT of 4,966 (annual VMT divided by 365 days per year). The close proximity to schools and retail businesses promote shorter trip lengths for vehicles with the infill nature of the proposed project.
Therefore, the project would result in a net overall decrease in VMT than development of the project site under the Dunkirk Drive, Tract Number 5640 Project, resulting in a less than significant transportation impact. Therefore, the proposed project would not create a new significant transportation impact related to VMT that is not identified in the 2004 MND. The 2004 MND does not include any mitigation measures for potential impacts related to increases in VMT, and no such measures are required for the project.
Each residential unit is designed with an attached 2-car garage on the ground floor. Each unit will contain two parking spaces on the driveway since parking on the private streets will not be allowed. The project is required to provide 60 parking spaces; however the project will provide 222 visitor parking spaces.
Affordable Housing
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The project is subject to the City’s inclusionary Ordinance No. 2980 that requires a project with 10 or more residential units to set aside 10 percent of the units as affordable to low income households as defined in California Health and Safety Code Section 50079.5. The Project complies with this requirement by designating 9 units (10% of 90 units) distributed throughout the project as low income, affordable. The project has been conditioned to offer three (3) threebedroom units and two (2) two-bedroom units for rent or sale to households with annual incomes at or below fifty percent (50%) of AMI for Ventura County. Additionally, two (2) two-bedroom units and two (2) three-bedroom units must be offered for rent or sale to households with annual incomes at or below eighty percent (80%) AMI for Ventura County.
Prior to offering the Affordable Units for rent, the Developer and Owner must submit to the Housing Director the proposed rental amounts for the affordable rental units for review and approval.
Affordable Housing Agreement
The City’s Inclusionary Housing Ordinance has two sets of requirements for rental and for sale projects. The project is proposing a Tentative Subdivision Map for the purposes of a condominium map where the developer will retain sole ownership of the development and will offer the units for rent. Since the development is seeking a Tentative Subdivision Map for the purposes of a condominium project, the existing project is required to provide the required number of affordable units based on a for-sale project even though the developer intends to operate the project as a for-rent development. City staff (City Attorney, Housing and Community Development) and the developer negotiated a tentative agreement (subject to City Council approval) in order to create a specific mechanism for the developer or successor to comply with the City’s Inclusionary Housing Ordinance. The agreement outlines specific steps to be followed before the developer sells one or more of the parcels of the project to a third party. The agreement intends to protect future tenants and creates an orderly process that ensures that the affordable units are offered to the families the units are intended to shelter, whether it is a rental or for-sale unit. The agreement is included in the staff report as Attachment M.
Public Input
This Project is located within the Sea View Estates Neighborhood. The applicant mailed notices of the Community Workshop meeting to all property owners within the Sea View Estates Neighborhood, and the project was presented at the April 20, 2020 Community Workshop. Members of the public raised questions regarding the installation of a traffic signal at the intersection of Portofino Place and Fifth Street, airport compatibility, traffic gridlock during school hours, new traffic traveling through Dunkirk Drive and adequate parking. The majority of the Community Workshop participants felt the project was adequate at the site, but were concerned about the potential impact this project might have on existing traffic conditions. Staff received a petition critical of the project from a member of the community. The petition is provided in Attachment N.
The Project was reviewed by the Planning Commission on November 18, 2021. Seven members of the public participated in the public hearing, and again raised questions regarding the installation of a traffic signal at the intersection of Portofino Place and Fifth Street, grading difference between the project and one specific property, solar panel requirements, traffic gridlock during school hours, new traffic traveling through Dunkirk Drive and adequate parking.
The project was reviewed by the OAA on February 10, 2022. No members of the public participated in the public hearing.
The project was reviewed by the ALUC on March 4, 2022. No members of the public participated in the public hearing.
ENVIRONMENTAL REVIEW
In 2004, an MND (No. 04-11) was prepared to evaluate the 2004 Dunkirk Drive Project which consisted of commercial development on a 7.6-acre portion of the project site as well as residential development on an adjacent 10-acre property to the south of the site (“original project”). The Initial Study and Mitigated Negative Declaration (MND 2004-11) from 2004 determined that the project would not have a significant impact if the mitigation measures described in the MND were incorporated into the project.
An environmental consultant, under the supervision of Planning Division staff, has prepared Addendum No. 1 to the approved Final MND 2004-11 to evaluate potential environmental impacts of the proposed Project (see Attachments O and P).
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The Addendum reviews the potential impacts on the sixteen environmental issues studied in the previously adopted IS/MND. The Addendum compares the environmental effects of the current proposed project to the effects of the project approved in 2004. Addendum No. 1 to the Final MND 2004-11 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Oxnard is the Lead Agency. Addendum No. 1 is appropriate pursuant to CEQA Guidelines § 15164 since only minor changes and additions to Final MND 2004-11 are necessary to address the Project changes and no circumstances exist calling for the preparation of an additional CEQA document pursuant to CEQA Guidelines § 15162 and 15163.
Section 15164(d) (“Addendum to an EIR or Negative Declaration”) of the CEQA Guidelines states: “The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project”. The Final MND 2004-11, as updated by, and inclusive of, the Addendum, concludes that the proposed project would not create any new significant impacts or increase the severity of impacts beyond those identified in the previously adopted Final MND 2004-11. Consistent with State Law, Addendum No. 1 does not require public circulation because it does not provide significant new information that changes the Final MND 2004-11 in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the Project or a feasible way to mitigate or avoid such an effect.
All mitigation measures included in the adopted Final MND 2004-11 and Addendum No. 1 have been included as conditions of approval in the project Resolutions.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
The approval of the General Plan Amendment, Zone Change, Tentative Subdivision Map Tract No. 6064, and Affordable Housing Agreement provides the opportunity for future development that will result in increased property tax revenue for the City. The Project will be required to pay impact fees for wastewater, water system, water service and meters, storm drain, traffic (City and County), growth capital, Quimby (park), public art, and General Plan maintenance connection and/or impact fees. When completed, the 90 residential condominium units will generate property taxes to the City.
There is no future financial cost to the City due to the private streets incorporated within the development.
COMMITTEE OUTCOME
This project did not originate in one of the City Council Committees. This is a Public Hearing and was heard by the Planning Commission on November 18, 2021; therefore, this item did not originate in Committee. The Planning Commission took action and adopted Resolution Nos. 2021-40 through 2021-44 recommending that the City Council approve the Project, subject to certain findings and conditions.
Prepared by: Scott Kolwitz, Planning Manager
ATTACHMENTS
1. Attachment A - Vicinity, General Plan, and Zoning Maps and Aerial Photo
2. Attachment B - Planning Commission Resolution 2021-44 (Special Use Permit)
3. Attachment C - Planning Commission Resolution 2021-40 (Addendum to Final MND 2004-11)
4. Attachment D - Planning Commission Resolution 2021-41 (General Plan Amendment)
5. Attachment E - Planning Commission Resolution 2021-42 (Zone Change)
6. Attachment F - Planning Commission Resolution 2021-43 (Tentative Subdivision Map)
7. Attachment G - November 18, 2021, Planning Commission Staff Report (without Attachments) 270
8. Attachment H - Reduced Tentative Subdivision Map No. 6064, and Project Renderings
9. Attachment I - General Plan Consistency Analysis
10. Attachment J - Zoning Compliance Table (R-2)
11. Attachment K - City Council Resolution No. 7658
12. Attachment L - City Council Resolution No. 7658 Consistency Table
13. Attachment M - Affordable Housing Agreement
14. Attachment N - Petition Received
15. Attachment O - Addendum No. 1 to Final MND 2004-11
16. Attachment P - Final MND 2004-11
17. Attachment Q - Addendum MND 2004-11 Resolution
18. Attachment R - General Plan Amendment Resolution
19. Attachment S - Zone Change Ordinance
20. Attachment T - Tentative Subdivision Map Resolution
21. Attachment U - Presentation
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3151
PZ 19-500-04
PZ 20-620-02
PZ 20-570-02
FIFTH ST H ST
C ST
VENTURA RD
OXNARD BLVD
RICE AVE
HUENEME RD
J ST
GONZALES RD
VINEYARD AVE
WOOLEY RD
BARD RD
101 FRWY
SAVIERS RD
DORIS AVE
CENTRAL AVE
ROSE AVE
CASPER RD
THIRD ST
23RD AVE
CAMINO DEL SOL
D ST
BRISTOL RD
ARNOLD RD
NINTH ST
OLIVAS PARK DR
WEST RD
NAUMAN RD
TEAL CLUB RD
PERIMETER RD
HARBOR BLVD
MARKET ST
G ST
OCEAN
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B ST RACK 13 RD
OLDS RD
32ND AVE
YUCCA ST
DEL NORTE BLVD
PATTERSON RD
CHANNEL ISLANDS BLVD
VICTORIA AVE
ELM ST
PERKINS RD
ETTING RD
F ST
PACIFIC AVE
5TH PL
PALMA DR
6TH ST
SANTA CLARA AVE
N ST
ENTRADA DR
CLARA ST
WALKER ST
WALNUT DR
BALBOA ST
SIMON WAY
ORANGE DR
STROUBE ST
5TH ST
EMERSON AVE
ALLEY
KENTIA ST
HILL ST
I ST
SAN JUAN AVE
PATRICIA ST
A ST
VENTURA BLVD
EASTMAN AVE
TRACK 14 RD
REDWOOD ST GISLER AVE
FIR AVE
M ST
TERESA ST
PENINSULA RD
OFFSHORE ST
AZALEA ST
VICTORIA AV
11TH AVE
WILLIAMS DR
HARBOR SERVICE
BLVD
DONLON
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APPLE LN
LEI DR
STATHAM BLVD
OLIVE ST
LATIGO AVE
ARCTURUS AVE
K ST
BUTLER RD
ALBION DR
SURFSIDE DR
SWAN ST
NINA DR GARY DR
STURGIS RD
MOUNTAIN VIEW AVE
E ST
SAN MATEO PL
LAMBERT ST
SIKORSKY ST
JANETWOOD DR
ASH ST
DOCK 1
JOAN WAY
BEAUMONT AVE
RAFT LN
NELSON PL
HOLLY AVE
VENICE RD WESTAR DR
MANDALAY
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RD
AVILA PL
BLANCA PL
VIEWPOINT DR
CAMINO AVE
FAIRMONT LN
BAYVIEW DR
ELBA
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SCOTT ST
CHANNEL ISLANDS BLVD
101 FRWY
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M ST
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Vicinity Map
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PZ 19-500-04, 20-620-02, 20-570-02)
Location: Fifth & Portofino
APN: 185022102, 185022126, 185022301
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Location: Fifth & Portofino
APN: 185022102, 185022126, 185022301
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Location: 613 S C Street
APN: 2020133020
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Aerial Map
Aerial Map
November 2, 2021
Oxnard Planning
0 37.5 75 150 225 300
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PZ 19-500-04, 20-620-02, 20-570-02
Location: Fifth & Portofino
APN: 185022102, 185022126, 185022301
Portofino Place
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PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Isidro Figueroa, Principal Planner
DATE: November 18, 2021
SUBJECT: Project Name: Portofino Place; PLANNING AND ZONING (PZ) PERMIT 19-500-04 a request for a Special Use Permit for the construction of 90, two-story condominium dwelling units and associated site improvements on a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221-265, and 185-0-223-015); a General Plan Amendment to change the land use designation from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02); a Zone Change from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), and a Tentative Subdivision Map (Tract No. 6064) for condominium purposes (PZ 20-300-02).
1) Recommendation: That the Planning Commission (“Commission”):
a) Adopt Resolution 2021-XX recommending that the City Council adopt an Addendum to previously adopted Mitigated Negative Declaration (MND) 2004-11; and b) Adopt Resolution 2021-XX recommending that the City Council approve Planning and Zoning Permit No. 20-620-02 (General Plan Amendment) to change the land use designation of the project site from Business Research Park (BRP) to Residential Medium (RM), and
c) Adopt Resolution 2021-XX recommending that the City Council approve Planning and Zoning Permit No. 20-570-02 (Zone Change) to change the zoning of the project site from Business Research Park to Multiple-Family (R-2), and d) Adopt Resolution 2021-XX recommending that the City Council approve Planning and Zoning Permit No. 20-300-02 (Tentative Subdivision Map for Tract No. 6064), subject to certain findings and conditions, and
e) Adopt Resolution 2021-XX Approving Planning and Zoning Permit No. 19-500-04 (Special Use Permit – Residential), subject to certain findings and conditions. 2) Project Description and Applicant: A request for a Special Use Permit (PZ 19-500-04) for the construction of 90, two-story condominium dwelling units with attached 2-car garages, 222 total visitor parking spaces, a common swimming pool and playground, 3,281 square-foot recreation building, entry gates and perimeter walls, private roads, detention basins, landscaping and associated site improvements on a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) 364
Portofino Place; PZ Nos. 19-500-04 (SUP); 20-300-02 (TSM); 20-570-02 (ZC); 20-620-02 (GPA) Planning Commission Hearing Date: November 18, 2021