Agenda packet — Oxnard City Council, June 7, 2022 (part 1 of 3)

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 June 7, 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: 856 6274 5187

3. Passcode: 076552
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/city- meetings.
*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.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 2
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

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 and the Housing Authority.

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: Aaron Starr v. Rose Chaparro; et al.

Court of Appeal of the State of California, Second Appellate District, Case No. B307585 (Super.

Ct. No. 56-2020-00541757-CU-WM-VTA)
Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Tai Hartley; et al. v. City of Oxnard; et al.

Ventura County Superior Court, Case No. 56-2022-00565918-CU-WM-VTA Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: City of Oxnard v. County of Ventura
Court of Appeal of the State of California, Second Appellate District, Case No. B312348 (Super.

Ct. No. 56-2021-00552428-CU-WM-VTA)
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 Commendation to Jaime Villa for his Superior Performance During COVID.

2. SUBJECT: Presentation of a Proclamation Designating the Month of June, 2022 as "Pride Month in the City of Oxnard."

3. SUBJECT: Presentation of a Proclamation Designating the Month of June, 2022 as "Elder and Disability Abuse Awareness Month."

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 3
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. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the April 19, 2022 regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Finance Department
SUBJECT: Annual Delegation of Investment Authority
RECOMMENDATION: That the City Council adopt a resolution delegating investment authority to the City Treasurer for FY 2022-23.

Legislative Body: City Council
Contact: Betsy George, (805) 200-5400
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 4

3. Public Works Department
SUBJECT: Agreement A-8466 with MNS Engineers, Inc. for Professional Services for the Safe Routes to School Safety and Enhancements Project PW 22-87.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute Agreement A-8466 with MNS Engineers, Inc. in the amount of $511,652 for Plans, Specifications and Estimates and Non-Infrastructure Plans for the Safe Routes to School Safety and Enhancements Project 223109; and

2. Approve a budget appropriation in the amount of $61,402 from the available fund balance in Transportation Development Act (TDA) Article 3 Fund 214 to Safe Routes to School Safety and Enhancements Project 223109.

4. Public Works Department
SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2022-23.

RECOMMENDATION: That the City Council adopt a resolution to:

1. Adopt the Fiscal Year 2022-23 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

(Public Works and Transportation Committee approved 3-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Community Development Department
SUBJECT: Deferred Development Impact Fee Agreement for Central Terrace Project, located at 217-235 East Sixth Street.

RECOMMENDATION: That the Oxnard City Council approve, and authorize the Mayor to execute Agreement No. A-8473 with Many Mansions Central Terrace LP deferring development impact fees to the time of final inspection or the date the certificate of ocupancy is issued, whichever comes first, in the amount of $825,683.16 for the Central Terrace Project (PZ 20-200- 06).

Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882

6. Finance Department
SUBJECT: Increase of $100,000 to the Not to Exceed (NTE) Amount for Amazon Business.

RECOMMENDATION: That the City Council ratify the City's not to exceed limit for Amazon 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 5
Business by adding $100,000 (for a new total of $300,000) for the continued purchase of products through June 30, 2022.

(Finance and Governance Committee approved 2-0)
Legislative Body: City Council
Contact: Betsy George, (805) 200-5400

7. City Attorney Department
SUBJECT: Adoption of a City Ordinance that establishes a Military Equipment Use Policy for the Police Department.

RECOMMENDATION: That the City Council adopt an ordinance amending Chapter 2 Article III Division 7 of the Oxnard City Code that is titled:

"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" Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

8. City Manager Department

SUBJECT: Sixth Amendment to Exclusive Negotiation Agreements between the City of Oxnard and Clear Channel Outdoor, LLC and between the City of Oxnard and Outfront Foster Interstate, LLC, both regarding potential digital billboard sites along U.S. Highway 101.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Sixth Amendment to Exclusive Negotiation Agreement:

1.) Between the City of Oxnard and Clear Channel Outdoor, LLC (A-8152) regarding potential digital billboard sites on the north side of U.S. Highway 101 between Rose Avenue and Del Norte Boulevard and the south side of U.S. Highway 101 between Vineyard Avenue and Rice Avenue to allow additional time and amend the area covered by the ENA; and

2.) Between the City of Oxnard and Outfront Foster Interstate, LLC (A-8153) regarding potential digital billboard sites adjacent to RiverPark Boulevard near Vineyard Avenue (APN 132-003-301) and City-owned property and right-of-way on the north side of U.S. Highway 101 between Vineyard Avenue and Rose Avenue to allow additional time.

(This item was not heard in Committee as it was authorized by the City Council on November 17, 2020).

Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478

9. Housing Department
SUBJECT: Acquisition of Property Located at 625 North A Street for the Proposed Family Justice Center.

RECOMMENDATION: That the City Council:

1. Approve and authorize the City Manager to sign a purchase and sale agreement with J & L Properties – Oxnard LLC (A-8478) with a purchase price of $2,050,000 to acquire improved real 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 6
property located at 625 North A Street in Oxnard (the “Property”);

2. Authorize the payment of a brokerage fee to CBRE in the amount of $60,000 plus transaction costs up to $25,000; and

3. Authorize the City Manager to take additional necessary actions to facilitate the acquisition of the Property consistent with the terms of the transaction approved by the City Council.

Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
L. REPORTS

1. City Manager Department
SUBJECT: Approval of Proposed Special Event Support Program and Budget for FY 22-23 (0/10/10)

RECOMMENDATION: That the City Council:

1. Approve the City’s new proposed Special Event Support Program; and

2. Allocate $115,000.00 toward the Special Event Support Program in the FY 22-23 Budget.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fKL51ady_SA
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430

2. Public Works Department
SUBJECT: Utility Ratepayers Assistance Program (Project Assist) Update. (0/10/5)

RECOMMENDATION: That the City Council:

1. Adopt a resolution for the Utility Ratepayers Assistance Program (Project Assist) for Fiscal Year 2022-23 to assist eligible Oxnard residents and authorize staff to grant financial relief equal to a monthly $15.00 maximum credit per utility bill charged to customers who meet the eligibility requirements discussed in this staff report up to the amount funded for Fiscal Year 2022-23; and

2. Authorize staff to direct up to $145,000 from penalties charged to City utility customers who pay their bills late to fund Project Assist in Fiscal Year 2022-23.

(Finance and Governance Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/CwFyDc8rk_Q
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Agreement A-8463 with Kiewit Infrastructure West Co. for Oxnard Wastewater Treatment Plant Reliability Improvements Project (Rebid) PW 20-27R. (0/5/5) RECOMMENDATION: That the City Council approve and authorize the following for a total of 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 7
$64,960,800 in Project funds for the Oxnard Wastewater Treatment Plant Reliability Improvements Project (Rebid), Specification No. PW 20-27R (No. 226606):

1. The Mayor to execute Agreement A-8463 with Kiewit Infrastructure West Co. in the amount of $54,134,000 for the Project;

2. A Project contingency amount of $5,413,400 for the Project;

3. A Project allocation amount of $5,413,400 for engineering, inspection, survey and project management for the Project; and

4. Authorize the Finance Director or designee to approve administrative budget appropriation transfers of available balances for the use of this Project in the total amount not to exceed $44,130,652.

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 video: https://youtu.be/MilCPsO4q7Y
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Finance Department
SUBJECT: FY 2022-23 Public Safety Property Tax Assessment. (0/10/10)

RECOMMENDATION: That the City Council adopt a resolution establishing the FY 2022-23 tax rates on property in the City of Oxnard for the payment of voter-approved obligations related to public safety personnel pension expenses.

(Item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3147sFKyi-E
Legislative Body: City Council
Contact: Betsy George, (805) 200-5400

5. City Manager Department
SUBJECT: Schedule for Weaning Off Measure O (0/10/10)

RECOMMENDATION: That the City Council adopt a schedule of budget adjustments to programs funded through Measure O in anticipation of the coming 2029 sunset of the Measure O half cent-sales tax.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/DFTUkHZwWXg
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487

6. Public Works Department
SUBJECT: Fiscal Year 2022-23 Special Tax Levy for Community Facility Districts No. 1, 2, 3, 4, 5 and 2000-3. (0/5/5)
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 8

RECOMMENDATION: That the City Council acting as the legislative body for Community Facilities Districts (CFD) No. 1, 2, 3, 4, 5 and 2000-3:

1. Adopt a resolution setting a special tax rate within CFD No. 1 (Westport at Mandalay Bay) for Fiscal Year 2022-23;

2. Adopt a resolution setting a special tax rate within CFD No. 2 (Westport at Mandalay Bay) for Fiscal Year 2022-23;

3. Adopt a resolution setting a special tax rate within CFD No. 3 (Seabridge at Mandalay Bay) for Fiscal Year 2022-23;

4. Adopt a resolution setting a special tax rate within CFD No. 4 (Seabridge at Mandalay Bay) for Fiscal Year 2022-23;

5. Adopt a resolution setting a special tax rate within CFD No. 5 (Riverpark) for Fiscal Year 2022-23;

6. Adopt a resolution setting a special tax rate within CFD No. 2000-3 (Oxnard Boulevard/Highway 101 Interchange) for Fiscal Year 2022-23; and

7. Authorize the Public Works Director, or designee, to execute an agreement for Billing of Direct Assessments with the Ventura County Auditor-Controller to provide the service of placement of direct assessments on the Ventura County Secured Tax Roll.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/E2EYKGpLRuU
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
M. PUBLIC HEARINGS

1. Public Works Department

SUBJECT: Adoption of Resolution Approving the Amended Engineer's Report and Ordering the Levy and Collection of Assessments for Fiscal Year 2022-23 within the City's Landscape Maintenance Districts. (0/5/5)

RECOMMENDATION: That the City Council, acting as the legislative body for the City of Oxnard’s (City) Landscape Maintenance Districts (LMDs):

1. Hold a public hearing to receive public testimony regarding the proposed Fiscal Year 2022-23 assessments in the City’s LMDs; and

2. Adopt a resolution approving the Fiscal Year 2022-23 Amended Consolidated Engineer’s Report and ordering the levy and collection of assessments for Fiscal Year 2022-23 within the City’s LMDs pursuant to the Landscaping and Lighting Act of 1972.

(Finance & Governance Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation 8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 9
video: https://youtu.be/7rgsyPK-fQw
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Adoption of Resolution for the FY 2022-23 Levy Assessments in Waterways Maintenance District. (0/5/5)

RECOMMENDATION: That the City Council, acting as the legislative body for the Waterways Maintenance Assessment District:

1. Hold a public hearing regarding proposed assessments for the Waterways Maintenance District for Fiscal Year 2022-23, and

2. Adopt a resolution to levy the special assessments within the Waterways Maintenance District for Fiscal Year 2022-23.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Plv5PLa6dO4
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Adoption of Resolution for the FY 2022-23 Levy Assessments in Mandalay Beach Maintenance District. (0/5/5)

RECOMMENDATION: That the City Council, acting as the legislative body for the Mandalay Beach Maintenance District:

1. Hold a public hearing to receive public testimony regarding the proposed Fiscal Year 2022-23 assessments for the Mandalay Beach Maintenance District; and

2. Adopt a resolution to levy the special tax assessment for Fiscal Year 2022-23 within the Mandalay Beach Maintenance District for Fiscal Year 2022-23.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/vVewL_UJIrs
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Finance Department
SUBJECT: FY 2022-23 Operating Budget Public Hearing. (0/15/15)

RECOMMENDATION: That the City Council and Housing Authority Board conduct a public hearing on the Fiscal Year (FY) 2022-23 proposed budgets for the City of Oxnard and Oxnard Housing Authority and provide staff direction regarding any adjustments to the proposed budget, in preparation for final budget adoption on June 21, 2022.

(Finance and Governance Committee approved 3-0)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/kGFkV6byFHM
Legislative Body: City Council and Housing Authority
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 7, 2022 PAGE 10
Contact: Betsy George, (805) 200-5400
N. ADJOURNMENT

10 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: June 7, 2022

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the April 19, 2022 regular meeting as presented.

BACKGROUND

Approval of Minutes.

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

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 04 19 2022 CC Regular Meeting
11 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
APRIL 19, 2022

A. ROLL CALL, POSTING OF AGENDA
At 4:38 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Jason Zaragoza, Deputy City Attorney; Jason Benites, Polic e Chief; Eric S. Sonstegard, Assistant Chief of Police; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director; Tatiana B. Arnaout, P.E., City Engineer; Timothy Beaman, Supervising Civil Engineer; Jan Hauser, Wastewater Divisi on Manager; Emilio Ramirez, Housing Director; Vyto Adomaitis, Community Development Director; Jeff Pengilley, Community Development Assistant Director; Tai P. Chau, PE, QSD/P, Supervising Civil Engineer; Scott Kolwitz, Planning & Environmental Services Manager; Joe Pearson II, AICP, Senior Planner; Adam Smith, Project Manager; and Terrel Harrison, Cultural & Community Services Director.

Staff members Brian Yanez, Assistant Public Works Director and Betsy George, Chief Financial Officer; participated via videoconference.

Amanda Sherard, Taylor Realty Advisors, Inc.; also participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)

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) 12 APRIL 19, 2022 OXNARD CITY COUNCIL PAGE 2

Agency Negotiator: Michael Wolfe, Public Works Director Negotiating Party: SWEPI LP
Under Negotiation: Price and terms of payment
Legislative Body: City Council

At 4:50 p.m., the City Council recessed to a closed session. At 6:02 p.m., the City Council reconvened in open session in the Council Chambers. Stephen Fischer, City Attorney, made the following announcement:
“The City Council by a unanimous vote has directed the City Attorney to initiate an action. The action, the defendants, and the other particulars shall, once unsealed, be disclosed to any person upon inquiry, unless to do so would jeopardize the City’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.

D. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of Resolution No. 15,561 Commending Eric S. Sonstegard for 26 Years of Service to the City of Oxnard.

Mayor Zaragoza read the proclamation and presented to Eric S. Sonstegard , Assistant Police Chief, for his years of service. County Supervisor Carmen Ramirez congratulated and thanked Assistant Chief Sonstegard and also presented a resolution. The City Council, Police Chief Benites, and staff acknowledged and thanked Eric for his years of service.

It was moved by Councilmember Perello, seconded by Councilmember Madrigal , to approve Resolution N o. 15,561 as presented. VOTE: Basua, Lopez, Madrigal, Perello, Teran, MacDonald and Zaragoza voted in favor; the motion carried 7-0.

2. SUBJECT: City Manager Commendations for Staff Work on Amazon.

City Manager Nguyen made a presentation and thanked the staff that worked on the Amazon project . He also acknowledged the Council, Planning Commission, and the Sakioka Family. H e acknowledged Scott Kolwitz, Tai Chau, Clara Magana, Ken Rozell, Shawn O’Donell, Dennis Neighbor, Bud Rizzo, Jeff Pengilley , Steve McNaughten, Burney Davidson, Rosie Ornelas, Adam Smi th, Katie Casey, and Ashley Golden for t heir contributions. Ashley Golden, Assistant City Manager, also commended and thanked the staff for the ir hard work and dedication to this project.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Karla Alejandra Ramirez and Genevieve Flores -Haro (Mixteco interpretation services); Ariana Rivera Nunez (discrimination), Pat Brown (sound system quality), Diana Reyes (Art Gala).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

13 APRIL 19, 2022 OXNARD CITY COUNCIL PAGE 3

Alexander Nguyen, City Manager, announced the upcoming 2022 Oxnard Job Fair in partnership with Oxnard College. He also announced the upcoming “ Sports Park Idea Day ” and encouraged the community to participate in this event. Michael Wolfe, Public Works Director, provided an update on the drought and the current conditions of the community parks.

H. CITY COUNCIL REPORTS
Councilmember Teran thanked the Oxnard youth for providing the art work for the public areas. He attended the Driffill E lementary School Career Day and thanked the Count y of Ventura and the City staff for organizing th is event. H e also a ttended the Wilson Neighborhood m eeting. He t hanked the public works staff for being responsive to the weed abatement needed at Oxnard College Campus Park.

He thanked Scott Kolwitz for his professionalism and years of service to the City of Oxnard. H e also asked City Manager Nguyen to reconsider the neighborhood clean-ups.

Mayor Pro Tem MacDonald announced that there is no longer a mandate to wear a mask when u sing public transportation.

Councilmember Lopez announced her support of Councilmember Teran in his request to continue the neighborhood clean-up events. Attended the Airport Authority meeting and provided an update. She also plans to attend the Redwood Neighborhood Council meeting. S he also made an announcement about the upcoming “Progresando Juntos” event happening at Oxnard High School.

Councilmember Madrigal a lso attended the a rt show organized by the Oxnard School District and the City of Oxnard After School Program. He thanked the Oxnard School District for the work done at the soccer fields. He plans to attend the upcoming Rose Park Neighborhood meeting being held at Rose Avenue School on May 4.

Councilmember Perello attended the art show organized by the Oxnard School District and the City of Oxnard A fter School P rogram. He als o a ttended the Airport Authority and the Ventura Regional Sanitation District meeting. He congratulated Scott Kolwitz for his new position and wished him well.

He thanked the Public Works Director for his update on the drought.

Mayor Zaragoza a ttended the Channel Islands Neighborhood Council meeting. H e t hanked the Committee C hair for inviting him to speak about the curre nt state of the City at th is meeting. He thanked Public Works staff Michael Wolfe, Steve Howlett, and Erika Cortes for a ttending an d representing the C ity’s P ublic Works Department and being available to answer questions. He also thanked Terrel Harrison and Jesse Tapia for inviting him to attend an event with Fernando Vargas at the Oxnard Boxing Center.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-8 were discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)

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 Resolution No. 15,562 authorizing the City 14 APRIL 19, 2022 OXNARD CITY COUNCIL PAGE 4

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.

2. Cultural & Community Services Department
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.)

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.)

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.)

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 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.)

6. Public Works Department
SUBJECT: Recognition of the Statewide Park Development and Community Revitalization Grant Award for the Durley Park Expansion and Improvement Project.
15 APRIL 19, 2022 OXNARD CITY COUNCIL PAGE 5

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.

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 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.

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.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Basua, to approve the Information/Consent items as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

L. PUBLIC HEARINGS

1. Police Department
SUBJECT: Introduction of a City Ordinance #3014 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 Ordinance #3014 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"

The City Clerk announced the affidavit of publication and stated that no written communications were received.

Jason Benites, Police Chief, presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Publi c comments were received

from Cynthia Gonzalez.
16 APRIL 19, 2022 OXNARD CITY COUNCIL PAGE 6

Without objection, the Council approved closing the public testimony portion of the public hearing.

It was mo ved by Mayor Pro Tem MacDonald, seconded by Councilmember P erello, to approve the recommended action. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

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 Resolution No. 15,563 adopting Addendum No. 1 to previously adopted Mitigated Negative Declaration (MND) 2004-11; and

3. Adopt Resolution No. 15,564 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 Ordinance No. 3015
(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 No. 15,565 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.

The City Clerk announced the affidavit of publication and stated that no written communications were received that have not already been provided to the City Council.

Joe Pearson II, AICP, Senior Planner , and Tatiana B. Arnaout, P.E., City Engineer , presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. P ublic comments were received from Pat Brown and Eduardo Huerta.

City Manager Nguyen ma de a request to the Public W orks D irector to review the project’s list of p lants required as it may be based on outdated standards and may need to be updated.

Without objection, the Council approved closing the public testimony portion of the public hearing.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Madrigal, to approve the 17 APRIL 19, 2022 OXNARD CITY COUNCIL PAGE 7

recommended action. VOTE: Basua, Lopez, MacDonald, Madrigal, Teran, and Zaragoza voted in favor; Perello voted against, motion passed 6-1.

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 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;

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.

The City Clerk announced the affida vit of publication and stated that no written communications were received.

Emilio Ramirez, Housing Director, presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.

Without objection, the Council approved closing the public testimony portion of the public hearing.

It was moved by Councilmember Teran, seconded by Councilmember Lopez , to approve the recommended
action. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.
18 APRIL 19, 2022 OXNARD CITY COUNCIL PAGE 8

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.)
Tatiana B. Arnaout, P.E., City Engineer and Timothy Beaman, Supervising Civil Engineer presented and answered questions. Public comments were received from Pat Brown. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember P erello, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza
voted in favor; motion passed 7-0.

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).

Tatiana B. Arnaout, P.E., City Engineer, presented and answered questions. Public comments were received from Pat Brown. Discussion ensued among the Council and staff.

It was moved by Councilmember Basua, seconded by Councilmember Lopez, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor;
motion passed 7-0.

3. Finance Department
SUBJECT: Revisions to Procurement Ordinance No. 3016 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 19 APRIL 19, 2022 OXNARD CITY COUNCIL PAGE 9

Ordinance No. 3016 in preparation for the launch of the Core Financials phase of Tyler Munis.

Betsy George, Chief Financial Officer , presented and answered questions. No p ublic comments were received. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember P erello, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:56 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

20 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: June 7, 2022

TO: City Council

FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: Annual Delegation of Investment Authority

RECOMMENDATION

That the City Council adopt a resolution delegating investment authority to the City Treasurer for FY 2022-23.

BACKGROUND

Government Code section 53607 authorizes the City Council to delegate its authority to invest or to reinvest City funds, or to sell or exchange securities so purchased, for a one-year period to the City Treasurer. The Council may also renew this delegation of authority each year. On September 15, 1992, the City Council adopted Resolution No. 10,455, delegating to the City Treasurer the authority to invest and to reinvest surplus City funds in short-term public investments and securities. The attached resolution renews the City Treasurer’s investment authority pursuant to Resolution No. 10,455 and Government Code section 53607.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 2-0 on May 24, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Betsy George, Chief Financial Officer

ATTACHMENTS

1. FY 22-23 Treasurer's Investment Authority Delegation - FINAL 21 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER
WHEREAS, on September 15, 1992, the City Council adopted Resolution No. 10,455, delegating to the City Treasurer the authority to invest and reinvest City funds; and WHEREAS, effective January 1, 1997, Government Code section 53607 was amended to provide the authority of the City Council to invest or to reinvest City funds, or to sell or exchange securities so purchased, may be delegated for a one-year period by the Council to the City Treasurer, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires; and
WHEREAS, it remains the intention of the City Council to delegate such authority to the City Treasurer.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to delegate to the City Treasurer the authority to invest and to reinvest City funds, and to sell and exchange securities so purchased, thereby reaffirming such delegation of authority contained in Resolution No. 10,455, for a one-year period.

PASSED AND ADOPTED this 7th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:

Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 22 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: June 7, 2022

TO: City Council

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

SUBJECT: Agreement A-8466 with MNS Engineers, Inc. for Professional Services for the Safe Routes to School Safety and Enhancements Project PW 22-87.

RECOMMENDATION

That the City Council:

BACKGROUND

The City was successful in receiving an Active Transportation Program (ATP) grant from the Ventura County Transportation Commission (VCTC) for the Safe Routes to School Safety and Enhancements Project (Project). This grant originated from the California Transportation Commission (CTC) and is administered by the California Department of Transportation (Caltrans).

The Project includes two components, Infrastructure and Non-Infrastructure. The Infrastructure component will develop Plans, Specifications & Estimates (PS&E) for six (6) schools: Fremont Middle, Curren Elementary, Kamala Elementary, Harrington Elementary, Lemonwood Elementary, and Ramona Elementary. School selection was based upon collision data as well as coordination between the Transportation and Mobility Division, Police Department and Oxnard School District Staff. Attached is additional information that describes the methodology of selecting these schools. The project will improve visibility at pedestrian crossings, complete missing or inaccessible curb ramps, install traffic signs and pavement markings, and enhance intersection geometry to improve sight distance for motorists and pedestrians.

Conceptual design identified the need for 33 curb extensions, 59 accessible curb ramps, 47 high-visibility crosswalks, 56 roadside signs, four (4) Rectangular Rapid Flashing Beacons (RRFB), traffic pavement markings and striping.

It should be noted that Ramona Elementary School has another project to improve four intersections within 500’ of the School along Cooper Road and Bonita Avenue, as shown on page 68 of the 2022-27 CIP.

The Non-Infrastructure (NI) component will focus on engagement, equity, engineering, encouragement, education, and evaluation for 26 schools (see list attached). The project will identify neighborhood routes most traveled by students and families and create suggested recommended routes to school maps as well as engineering recommendations associated with the routes for future infrastructure improvements. This will be developed by conducting bicycle and pedestrian counts around schools (for pre and post evaluation), walkability assessments with the community to identify enhanced 23 safety opportunities, hosting in-classroom and assembly programs, workshops, and walk and bike day events to educate students on recommended walking and bicycling behaviors. The engagement is intended to provide educational curriculum in a fun and compelling manner to engage students. Events and programs will be held at all 26 schools but to address inequities, the schools and communities that have been identified as having deficient walking and biking conditions will be prioritized.

CIP Reference:

Project No. (223109) - Safe Routes to School Safety and Enhancements - CIP 2022-2027 - Adopted May 17, 2022 –

Page 71 ends

DISCUSSION

The request for proposals (RFP) for the Project was published on March 8, 2022, and all proposals were due on April 5, 2022. The City received three (3) proposals, which were all deemed complete. The proposals were evaluated by three (3) staff members consisting of the Traffic Operations Engineer, Supervising Civil Engineer, and Transportation Planner.

Evaluations included reviewing qualifications, experience, organization and approach, understanding of the scope of services to be provided, references, and the project schedule.

MNS Engineers, Inc. was selected as the most qualified firm. The selection was based upon the firm’s extensive civil design experience, understanding of the City’s non-motorized mobility needs, and experience working on bicycle and pedestrian improvement projects both with the City and with similar agencies. Staff has confirmed that MNS Engineers, Inc. meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.

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 for this Agreement A-8466 with MNS Engineers, Inc. is $511,652. The Project has an available appropriation from Transportation Grant State Fund 210 in the amount of $1,981,000, of which, $501,000 is set aside for the PS&E and NI phases. In order to fully fund the agreement and provide for project management, approval of this action would appropriate $61,402 from Transportation Development Act (TDA) Article 3 Fund 214 as follows: $10,652 for MNS Engineers, Inc., and $50,750 for City project management.

COMMITTEE OUTCOME

Prepared by: Debbie O'Leary, Transportation Planner, Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Agreement with Exhibit B

2. Budget Appropriation

3. Infrastructure School Selection Methodology
24 AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE

(1) Agreement Start Date: June 7, 2022
(2) Consultant: MNS Engineers, Inc.
(3) Services: Design services for Safe Routes to School Infrastructure at six schools and Non-Infrastructure plans at 26 schools
(4) Schedule of Services: Deliver a construction bid-ready PS&E package for the infrastructure component within six (6) months of the NTP. The NI component has a schedule of 24 months. The schedule for both the infrastructure and non- infrastructure should be performed concurrently. (5) Agreement Ending Date: June 7, 2025
(6) Total Agreement Amount: $511,652
(7) City’s Project Manager: Debbie O’Leary, Transportation Planner (8) Consultant’s Project Manager: Michael Ip, Principal Engineer (9) Insurance Coverage: INS-A
(10) Addresses for Notice:

FOR CONSULTANT: FOR CITY:
100 E. Thousand Oaks Blvd., Suite 105 305 West Third Street, East Wing, Second Floor Thousand Oaks, CA 91360 Oxnard, CA 93030
Attn: Michael Ip, Principal Engineer Debbie O’Leary, Transportation Planner

(11) Contact Emails:

CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:

MANAGER:
[email protected] [email protected]

The Agreement for Professional 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 A
☒ Rates and Costs Exhibit B
☒ Insurance Exhibit (INS-A)
☒ FAIR EMPLOYMENT PRACTICES ADDENDUM Exhibit D
☒ NONDISCRIMINATION ASSURANCES Exhibit E
☒ FEDERAL LOBBYING ACTIVITIES CERTIFICATION Exhibit F

Page 1 of 48 ends

Agreement No. A-8466
25 AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT FOR PROFESSIONAL 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) Consultant” on the Cover Page, subject to the following terms and conditions:

1. Scope of Services. Consultant shall furnish City with profe ssional consulting services as more particularly set forth in Exhibit A attached hereto and incorporated herein by this reference (the “Services” or collectively the “Project”). In the event of any conflict between the terms of the Agreement and any exhibits or other incorporated document(s), the terms of the Agreement shall control.

2. Method of Performing Services. Subject to the terms and conditions of this Agreement, Consultant may determine the method, details, and means of performing the Services.

3. Standard of Performance. Consultant shall undertake and complete the Services to conclusion, using that standard of care, skill, and diligence normally provided by a professional person in performance of similar consulting services.

4. Nonexclusive Services. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine. Performing such services will not materially interfere with the Services to be performed for the City.

5. Coordination of Services. The Services shall be coordinated with Debbie O’Leary, Transportation Planner/City’s Project Manager (“Manager”), subject to the direction of the City Manager or Public Works Director.

6. Place of Work. Consultant shall perform the Services provided for in this Agreement at any place or location and at such times as the Consultant shall determine.

7. Correction of Errors. Consultant shall correct, at its expense, all error s which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.

8. Time for Performance. The Services performed under this Agreement shall be completed as follows:

Consultant should begin work as soon as the NTP is issued and deliver a construction bid -ready PS&E package for the infrastructure component within six (6) months of the NTP. The NI component has a schedule of 24 months. The schedule for both the infrastructure and non- infrastructure should be performed concurrently. City agrees to amend the performance termination date whenever Consultant is delayed by action or inaction of City and Consulta nt promptly notifies Manager of such delays.

9. Principal in Charge. Consultant hereby designates Shawn Kowalewski, as its principal -in-charge and person responsible for necessary coordination with Manager.

10. Permits, Licenses, Certificates. Consultant, at Consultant’s sole expense, shall obtain and maintain during the term of this Agreement, all permits, licenses, and certificates required in connection with the performance of the Services, including a City business tax certificate.

11. City’s Responsibility. Ci ty shall cooperate with Consultant as may be reasonably necessary for Consultant to perform the Services. Manager agrees to provide direction to Consultant as requested regarding particular requirements.

12. Term of Agreement. This Agreement shall begin on June 7, 2022 and expire on June 7, 2025.

13. Termination. This Agreement may be terminated by City for cause or convenience and at no cost to the City if Manager notifies Consultant, in writing, of Manager’s desire to terminate the Agreement. Such termination

Page 2 of 48 ends

Agreement No. A-8466
26 shall be effective ten (10) calendar days from the date of delivery or mailing of such notice; however, if the City terminates the Agreement due in any part to a termination or reduction of State or federal funding, the termination shall be effective immediately upon the date of delivery or mailing of such notice. City agrees to pay Consultant in full for all amounts due Consultant for Services successfully rendered, as determined solely by City, as of the effective date of termination.

14. Compensation

a. City agrees to pay Consultant in an amount not to exceed $511,652 fo r the Services at rates provided in Exhibit B attached hereto and incorporated herein by this reference.

b. The acceptance by Consultant of the final payment made under this Agreement shall con stitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services.

c. Payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants 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 C ity for any defect or error in the Services performed by Consultant, its employees, subcontractors, agents and subconsultants.

d. Consultant shall provide Manager with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service.

e. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

15. Method of Payment

a. City agrees to pay Consultant monthly upon satisfactory completion of the Services and upon submission by Consultant of an invoice delineating the Services performed, in a form satisfactory to Manager. The invoice shall identify the Services by project as specified by Manager. Consultant waives payment for any item not appearing on an invoice in the month in which such Services were rendered; in any case, Consultant shall not “back - charge” Services performed.

b. City must submit invoices to the granting agencies on its letterhead with its address formatted in accordance with the Local Assistance Procedures. Should City need any documentation or additional information from Consultant in order to submit City’s invoices to the granting agencies, Consultant shall provide such documentation or additional information within ten (10) calendar days of the request from the City.

c. Consultant shall maintain current monthly records, books, documents, receipts, papers, accounts and other evidence pertaining to the Services performed and costs incurred. Such items shall be adequate to reflect the time involved and cost of performing the Services. Consultant shall provide Manager with copies of payroll distribution, receipted bills and other documents requested for justification of the invoice.

d. Consultant must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by Consultant. Consultant agrees to submit supporting backup documentation with invoices if requested by City or State. Acceptable backup documentation includes, but is not limited to, a progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of costs.

e. Consultant agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq. and all applicable federal and State laws and regulations shall be used to determine the allowability of individual Project cost items.

Page 3 of 48 ends

Agreement No. A-8466
27 16. Responsibility for Expenses. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Co nsultant in performing the Services. All expenses incident to the performance of the Services shall be borne by the Consultant, including, but not limited to rent, vehicle, and travel, entertainment and promotion, general liability and health insurance, w orkers’ compensation insurance, and all compensation and benefits of employees or agents engaged by Consultant. Consultant shall, at its own cost and expense, supply all personal property necessary or appropriate to perform the Services provided for under this Agreement, including, but not limited to any personal property used by employees and agents of Consultant in the performance of such Services. Travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the Consultant or its subcontractors.

17. Non-Appropriation of Funds

a. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the c urrent fiscal budget and within an available, unexhausted and unencumbered 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 appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

b. Consultant acknowledges that this is a federally -and/or State -funded project. All contractual obligations of both the State and the federal government are subject to the appropriation of resources by the State Legislature and Congress, respectively, and the allocation of resources by various entities, including the California Transportation Commission (CTC) and the United States Department of Transportation. Payments, including those made from City matching funds, to be made to Consultant by City for the Services performed are contingent upon the City receiving all federal and State funding.

c. In the event of the imposition of additional conditions, delays, or a cancellation or reduction in funding, as approved by the Legislature, the CTC or the United States Department of Transportation, Consultant shall be excused from meeting the time and expenditure constraints set forth in the Project Financial Plan and the Project Schedule to the extent of such delay, cancellation or reduction and the Project documents will be amended to reflect the resultant necessary changes in Project funding, scope, or scheduling.

d. Federal and State funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and the State, which are incorporated herein by this reference.

18. Records

a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data and photographs expressly required to be prepared by Consu ltant as part of the scope of services ( “documents and materials”) shall be the property of City and shall, upon completion of the Services or termination of this Agreement, be delivered to Manager.

b. At City’s request, City shall be entitled to immediate p ossession of, and Consultant shall furnish to Manager within ten (10) calendar days, all of the documents and materials. Consultant may retain copies of these documents and materials.

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 Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant. City agrees to hold Consultant harmless from all damages, claims, expenses and losses arising out of any reuse of the documents and materials for purposes other than those described in this Agreement, unless Consultant consents in writing to such reuse.

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Agreement No. A-8466
28 19. Maintenance and Inspection of Records

a. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant; or for other purposes relating to the Agreement. Consultant 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 Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant 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. Consultant 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. Consultant shall include a copy of this Section 19 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other w ritten material from its subcontractors upon a request by the State Auditor and/or City.

b. City and State each reserve the right to conduct technical and financial audits of the work and records and Consultant agrees, and shall require its contractors and subcontractors to agree, to cooperate with City, State or both by making all appropriate and relevant records available for audit and copying as required in section 19(c).

c. Consultant and its contractors and subcontractors shall each maintain and make available for inspection and audit by City, State, the California State Auditor, or any duly authorized representative of State or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement or any subcontractor’s agreement related to the Services, including, but not limited to, the costs of administering the Agreement. Consultant shall furnish copies thereof if requested. All of the above-referenced parties shall make such agreements and all contract materials available at their respective offices at all reasonable times during the entire Term and for three (3) years from the date of submission of the final expenditure report by the State to the FHWA.

d. Consultant shall maintain and make a vailable to the City all documents related to the Services, including without limitation engineering, financial and other data, and methodologies and assumptions used in the determination of Project benefits during the course of the Project, and retain those records for four (4) years from the date of the final closeout of the Project. The Transportation Inspector General of the Independent Office of Audits and Investigations has the right to audit records relating to the Project, including technical and fi nancial data, of the Department of Transportation, the State, the City, Consultant, and any sub -consultants at any time during the course of the Project and for four (4) years from the date of the final closeout of the Project. Therefore, all Project recor ds shall be maintained and made available at the time of request. Financial records will be maintained, and audits will be conducted, in accordance with Generally Accepted Government Auditing Standards.

e. City may request Consultant to submit copies of documents or provide other information to the City for use in its submissions to the agencies affiliated with the grant funds, in which case Consultant shall provide such copies or information to the City as fast as possible, but in no case later than ten (10) calendar days thereafter.

20. Monthly or Quarterly Review. Subject to the discretion of State, City and State shall conduct, on a monthly and/or quarterly basis, on -site reviews of all aspects of the progress of the Project. City has already agreed, during each monthly and/or quarterly progress review, to inform the State regarding:

a. Whether the Project is proceeding on schedule and within budget; b. Any requested changes to the Project Description, Scope of Work, Project Schedule, Overall Funding Plan, or Project Financial Plan contained in documents between the two entities; c. Major construction accomplishments during the month and/or quarter; d. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties;
e. The status of the Project budget; and
f. The status of critical elements of the Project.

Monthly and/or quarterly reviews of City’s progress will include consideration of whether reported

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Agreement No. A-8466
29 implementation activities are within the scope of the Project and in complian ce with State laws, regulations, and administrative requirements. Should State or City request any information for any such monthly or quarterly review, Consultant shall immediately turn over such information to the City, or if requested to go elsewhere, w ith a copy to the City. If any such information is or may be kept by Consultant’s contractors and subcontractors, Consultant shall immediately notify all such contractors and subcontractors and ensure they immediately turn over such information to the City, or if requested to go elsewhere, with a copy to the City.

21. Financial System. Consultant, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred costs and matching funds by line item for the Services. The financial management system of Consultant, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by City or State. All accounting records and other supporting papers of Consultant, its contractors and subcontractors connected with Project performance under this Agreement shall be maintained for a minimum of three (3) years and/or bond requirements from the date of final payment to Consultant by the City, or to the City by the grants, whichever is later in time, and shall be held open to inspection, copying, and audit by representatives of State, the California State Auditor, auditors representing the federal government, the City, and auditors representing the City.

Copies thereof will be furnished by Consultant, its contract ors and subcontractors upon receipt of any request made by any such governmental entity or its agents. In conducting an audit of the costs and match credits claimed under this Agreement, the State, federal government or City will rely to the maximum extent possible on any prior audit of the City pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the City’s external and internal auditors may be relied upon and used when planning and co nducting additional audits.

22. Confidentiality of Information. Any documents and materials given to or prepared or assembled by Consultant under this Agreement shall be confidential and shall not be made available to any third person or organization by Consultant without prior written approval of the Manager.

23. Hold Harmless, Indemnity and Defense

a. Consultant shall (1) immediately defend; (2) indemnify; and (3) hold harmless City, CTC, State, all of their legislative bodies, and all of their officials, officers, employees and agents (the “Indemnified Party”) from and against all liabilities regardless of nature, type or cause to the extent that the liabilities arise out of, pertain to, or relate to the negligence, recklessness, or willful omission or misconduct of Consultant, or its employees, agents or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, suits, actions, losses, allegations, damages, penalties, fines, and judgments, including but not limited to tortious, contractual, inverse condemnation or other theories or assertions of liability; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution (singularly a “Claim” and collectively the “Claims”).

b. The duty to defend is a separate and distinct obligation from Consultant’s duty to indemnify.

Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney to the extent required by the paragraph above immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. An allegation or determination that persons other than Consultant (excluding City) are responsible for the liability shall not relieve Consultant from its separate and distinct obligation to defend the Indemnified Party to the extent required by the paragraph above. 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 Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of the Indemnified Party.

c. For services under both sections 23a and 23b, the review, acceptance or approval of Consultant’s work or work product by the Indemnified Party shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section shall survive completion of the Services or termination of this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to insurance.

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Agreement No. A-8466
30 24. Insurance. Consultant shall obtain and maintain during the performance of the Services the insurance coverages as specified in Exhibit INS-A , attached hereto and incorporated herein by this reference, issued by a company satisfactory to the Risk Manager, unless the Ri sk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, prior to performance of the Services, file with the Risk Manager evidence of insurance coverage as specified in Exhibit INS-A. Evidence of insurance coverage shall be forwarded to the Risk Manager, addressed as specified in Exhibit INS-A. Maintenance of proper insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide evidence of renewal may be considered as a material breach of this Agreement.

25. Independent Contractor

a. City and Consultant agree that in the performance of the Services, Consultant shall be, and is, an independent contractor, and that Consultant and its employees are not employees of City. Consultant has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant.

b. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer - employee relations.

c. Consultant acknowledges that Consultant and Consultant’s employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited t o reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, or health, life, dental, long-term disability and workers’ compensation insurance benefits.

d. Except as Manager may specify in writi ng, Consultant, and its agents, employees, subcontractors and subconsultants shall have no authority, expressed or implied, to act on behalf of City in any capacity, as agents or otherwise, or to bind City to any obligation.

26. Conflict of Interest

a. If, in performing the Services set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18704 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, Consultant shall be subject to City’s conflict of interest code, the requirements of which include the filing of one or more stateme nts of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement.

b. Attached hereto as Exhibit F and incorporated herein by this reference is the Federal Lobbying Activities Certification, which Consultant shall separately sign and submit to the City immediately; this Agreement shall be of no force and effect until Consultant signs and submits the form in Exhibit F to the City.

27. Assignability of Agreement. This Agreement conte mplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Assignments of any or all rights, duties, or obligations of Consultant under this Agreement will be permitted only with the express written consent of Manager, which consent may be withheld for any reason.

28. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant and City.

29. Fair Employment Practices

a. All persons employed by Consultant shall be treated equally by Consultant without regard to or because of race, color, religion, ancestry, national origin, disability, sex, marital status, age, or any other status

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Agreement No. A-8466
31 protected by law, and in compliance with all antidiscrimination laws of the United States of America, the State of California, and City.

b. During the performance of this Agreement, Consultant and any other parties with whom Consultant may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, color, religion, ancestry, national origin, disability, sex, marital status, age, or any other status protected by law.

c. Consultant shall state in all of its solicitations or advertisements for applicants for employment that all qualified applicants shall receive consideration for employment without regard to their race, color, religion, ancestry, national origin, disability, sex, marital status, age, or any other status protected by law.

d. Consultant shall provide City staff with access to and, upon request by Manager, provide copies to Manager of all of Consultant’s r ecords pertaining or relating to Consultant’s employment practices, to the extent such records are not confidential or privileged under State or federal law.

e. Consultant shall comply with: (1) section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in federally assisted programs; (2) the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability irrespective of funding; and (3) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.

f. Consultant shall comply with the requirements of the Fair Employment Practices Addendum and the Nondiscrimination Assurances, which are attached hereto as Exhibits D and E, respectively, an d incorporated herein by this reference. Any agreement entered into by Consultant with a third party for performance of work related to this Agreement shall incorporate these exhibits with third party’s name replacing Consultant as essential parts of such agreement to be enforced by that third party as verified by Consultant.

30. Americans with Disabilities Act; Access for Persons with Disabilities

a. Consultant shall comply with, and ensure that all of its subconsultants and subcontractors shall comply with, the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).

b. If disabled access review by the Department of General Services (Division of the State Architect) is required by law for the Project, Consultant shall conform all plans and specifications for such facilities to the provisions of California Government Code sections 4450 and 4454 as well as Title 24 of the California Code of Regulations.

31. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended Consultant shall comply with, ensure subcontractors comply with, and draft plans and specifications in accordance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the federal government and the Regional Office of the Environmental Protection Agency (EPA).

32. Energy Efficiency. Consultant shall comply with, ensure subcontractors comply with, and draft plans and specifications in accordance with mandatory standards and policies relating to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

33. Force Majeure. Consultant and City agree that neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include, but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations imposed after this Agreement was executed, fire, communication line failures, earthquakes, or other disasters.

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Agreement No. A-8466
32 34. Time of Essence. Consultant and City agree that time is of the essence in regard to performance of any of the terms and conditions of this Agreement.

35. Covenants and Conditions. Consultant and City agree that each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

36. Governing Law. City and Consultant agree that the construction and interpretation of this Agreement and the rights and duties of City and Consultant hereunder shall be governed by the laws of the State of California.

37. Compliance with Laws

a. Consultant shall comply with, and shall ensure its subcontractors and vendors comply with, all City, State, and federal ordinances, laws, statutes, regulations (including Title 23 Code of Federal Regulation [“CFR”] and 2 CFR Part 200), policies and procedures (including those set forth in the California Project Development Procedures Manual, Highway Design Manual, Local Assistance Procedures Manual and the Local Assistance Program Guidelines and all procedural and instructional memoranda as well as the California Transportation Commission SB1 Accountability and Transparency Guidelines, Trade Corrido rs Enhancements Program [“TCEP”] Guidelines, Local Partnership Program [“LPP” ] Guidelines, Solutions for Congested Corridors Program [ “SCCP”] Guidelines and related policies) now or hereafter in force pertaining to the Services performed by Consultant purs uant to this Agreement.

b. Consultant shall comply with, and shall ensure its subcontractors and vendors comply with, 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code [ “PCC”] 10300- 10334 (procurement of goods), PCC 10335- 10381 (non -A&E services), and other applicable State and federal regulations. Any costs for which Consultant has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable State and federal regulations, are subject to repayment by Consultant to City, even if Consultant has already expended such funds on subcontractors. Should Consultant fail to refund any moneys due upon written demand by City as provided hereunder, or should Consultant breach this Agreement by failing to complete Services without adequate justification and approval by City, then, within ten (10) calendar days of demand, or within such other period as may be agreed to in writing between the parties, City may withhold or demand a transfer of an amount equal to the amount paid by or owed to City from future apportionments, or any other funds due Consultant, and/or may withhold approval of future Consultant projects with the City.

c. Consultant is to comply with, and ensure its subconsultants and subcontractors comply with, all CTC resolutions as adopted or currently amended as well as the guidelines, and policies applicable to State - funded programs (or projects) including, bu t not limited to, Section 190, State Highway Account, Public Transportation Account, Proposition I8, Proposition IA, and the Road Repair and Accountability Act of 2017, respectively.

38. Debarment. Consultant certifies that neither it nor its principals are suspended or debarred at the time of the execution of this Agreement and are not listed on the government wide Excluded Parties List System in the System for Award Management (SAM). Consultant agrees that it will notify City immediately in the event a suspe nsion or a debarment occurs after the execution of this Agreement.

39. Severability. City and Consultant agree that the invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

40. Waiver. City and Consultant agree that no waiver of a breach of any provision of this Agreement by either Consultant or City shall constitute a waiver of any other breach of the same provision or any other provision of this Agreement. Failure of either City or Consultant to enforce at any time, or from time to time, any provision of this Agreement, shall not be construed as a waiver of such provision or breach.

41. 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.

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Agreement No. A-8466
33 A signed copy of this Agreement transmitted by email 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.

42. Arbitration. Consultant and City agree that in the event of any dispute with regard to the provisions of this Agreement, the Services rendered or the amount of Consultant’s compensatio n, the dispute may be submitted to non-binding arbitration upon the mutual agreement of the parties, under such procedures as the parties may agree upon, or, if the parties cannot agree, then under the Rules of the American Arbitration Association.

43. Expenses of Enforcement. Consultant and City agree that the prevailing party’s reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney Office) and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.

44. Authority to Execute

a. City acknowledges that the person executing this Agreement has been duly authorized by the City Council to do so on behalf of City.

b. Consultant acknowledges that the person executing this Agreement has been duly authorized by Consultant to do so on behalf of Consultant.

45. Notices

a. Any notices to Consultant may be delivered personally or by mail addressed to 100 E. Thousand Oaks Boulevard, Suite 105, Thousand Oaks, CA 91360.

b. Any notices to City may be delivered personally or by mail addressed to City of Oxnard, Transportation Division, 305 West Third Street, East Wing Second Floor, Oxnard, California 93030.

46. Amendment. City and Consultant agree that the terms and conditions of the Agreement may be reviewed or modified at any time. Any modifications to this Agreement, however, shall be effective only when agreed upon to in writing by both the City representative authorized to do so under the City’s purchasing policies and Consultant.

47. Entire Agreement. City and Consultant agree that this Agreement constitutes the entire agreement of the parties regarding the subject matter described herein and supersedes all prior communications, agreements, and promises, either oral or written.

[Signatures on next page]

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Agreement No. A-8466
34 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 MNS Engineers, Inc.

☐ John C. Zaragoza, Mayor1 Date Shawn Kowalewski, P.E Date ☐ Alexander Nguyen, City Manager Vice President
☐ Jennifer Yates, Purchasing Manager
☐ Buyer

James Salvito, CEO Date
ATTEST:

Rose Chaparro, Date
City Clerk (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 $175,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $175,000 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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x
Agreement No. A-8466
35 Agreement No. A-8466

EXHIBIT A - SCOPE OF SERVICES
TASK 1.1 PDT Development
MNS will develop a Project Development Team (PDT), subject to City approval. Members of the PDT will include MNS andsub-consultants, City, and other agency representatives, as necessary.

TASK 1.2 Project Meetings
MNS will coordinate a kick-off meeting and as-needed PDT meetings. A total of four meetings is anticipated.

TASK 1.3 Team Meetings
MNS will conduct team meetings to review schedules, concepts, plans, and specifications. A total of four meetings is anticipated.

TASK 1.4 QA/QC
MNS will have a quality control plan during the entire course of the project.

TASK 1.5 Non-infrastructure Coordination
MNS will allocate 40 hours to coordinate non-infrastructure work with the City, Fehr and Peers and Walk n’ Rollers.

Task 2 - Design Phase (Infrastructure component only)
MNS has reviewed the City’s Cycle 5 ATP grant application (RFP Exhibit 8) and proposes the following scope of work.

TASK 2.1 Data Collection/Field Review
MNS will obtain and review as-built plans, reports, maps, and available data from the City. We will perform a field review of each schoolsite to confirm site constraints.

TASK 2.2 Utility Coordination
We will research and document utilities within the project limits including correspondence sent on behalf of the City to the utilitycompanies.

We will coordinate with SCE for the proposed street lighting for the midblock crossings. Utility relocation design and coordination are notanticipated.

TASK 2.3 Survey and Mapping
We will perform ground surveying and mapping for the 26 intersections (77 ramps) surrounding the various school sites located inOxnard. Ground surveying will include roadway intersections to back of sidewalk and extending 20' in all directions. The mapping will betied to the NAD83 and NAVD88 datum. Control will be set for future construction staking purposes. The scope of work to include thefollowing items: Hardscape, signage, striping, fences, trees (6" in diameter and above), Observable utilities. We will prepare topographicbase maps in AutoCAD at a scale of 1" = 20' with 1' contour intervals. Record right-of-way (R/W) boundaries will be prepared based on abest fit of field located monuments. Not all corners will be able to be resolved unless easement documents are provided for right of waypurposes. Assumptions: This scope of work includes the cost of title report acquisition and easement retracement for three properties;potholing is not anticipated as proposed underground work will be limited.

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36 Agreement No. A-8466TASK 2.4 Constraint Analysis/Mitigation Plan We will prepare a summary that includes constraints analysis and mitigation plan addressing public infrastructure conflicts, public utilityrelocation needs, and adjacent property impacts that may result from the project. Assumption: Utility relocation design will be by others.

TASK 2.5 Base Mapping
We will prepare base mapping for signage and striping plans, street lighting plans, and civil engineering plans including sidewalk,curb-and-gutter and other related necessary plans.

TASK 2.6 R/W Engineering
Based on our preliminary R/W research, we will need to look closer at six to seven intersections that may have some right of way issues.We assume three preliminary title reports will be needed to confirm the existing right of way. With a six-month design schedule, weassume securing permanent and temporary construction easements will not be feasible (i.e. time for legal & exhibits, appraisals andoffers); therefore, proposed improvements will need to design to stay within the City R/W. Permits to enter and construct may be requiredto construct the proposed improvements. For this project, we will coordinate with the City and prepare up to 10 property exhibits insupport of the City’s permits to enter and construction process.

TASK 2.7 Final PS&E Package
We will provide the City with an original complete set plans, specifications, and construction estimate.

TASK 2.8 Construction Cost Estimate
We will prepare a construction cost estimate at 65% and 100% include total cost and subtotals for each line item of work.

TASK 2.9 Plans and Specifications
Plans and specifications will be submitted to the City for review and comment at the 65% and 100% PS&E stages. The following sheetsare anticipated (a total of 33):
● Title Sheet – 1 Sheet● General Notes – 1 Sheet● Street Improvement Plans at 1" = 40' Scale Double Stacked (5 Sheets)○ Curren School (F Street and G Street) – 1 Sheets○ Fremont School (M Street and Glenwood Drive) – 1 Sheet)○ Harrington School (Gisler Avenue and Olive Street) – 1 Sheet○ Kamala School (Kamala Street and J Street) – 1 Sheet○ Lemonwood School (San Mateo Place and Carnegie Court) – 1 Sheet● Construction Details – 18 Sheets○ 26 curb extensions – 7 Sheets○ 51 curb ramp reconstruction – 9 Sheets○ Miscellaneous Details – 1 Sheet○ Solar Powered RRFB Details – 1 Sheet● Street Lighting Layout Plans – four locations (2 Sheets)● Traffic Signing and Striping General Notes and Plans – 6 Sheets Ramona School improvements will be designed by another project. We assume the RRFB will be solar powered; therefore, SCEcoordination will not be required. Storm drain modification are not anticipated as the Gisler Avenue midblock crossings are locatedopposite the existing storm drain. We will look to keep the curb ramp reconstruction within the existing curb return on the KamalaStreet/E Street intersection to avoid storm drain modifications. We assume a new street lighting standard will be installed at each of thefour midblock crossing curb extensions. We assume that the existing street lighting is owned by SCE; therefore, SCE will design the newstreet lighting. We will prepare street lighting layout plans to delineate the location of the pullboxes and conduits. Stormwater PollutionPrevention Plan (SWPPP) will not be required as the disturbed soil area will be under one acre. The contractor will be responsible for

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37 Agreement No. A-8466required temporary traffic control and pedestrian path plans.

TASK 2.10 Division of State Architect (DSA) Coordination State only funded project will require approval from DSA for Safe Route to School projects. State approval process will require uploadingthe plans to DSA and perform live BlueBeam revision sessions with DSA staff. MNS will include the required DSA notes, stamp andADA call outs for the pedestrian facilities. MNS will attend DSA Bluebeam and edit plans as needed. The City will coordinate andprepare the required DSA application.

Task 3 - Construction Support for Changes to Design (Infrastructure component only):

This project does not include any construction management, only design support is requested. If construction support for changes todesign is desired by the City, we will perform the following:

TASK 3.1 RFIs/Submittals
We will review and respond to shop drawing or Request for Information (RFI) submittals for conformity with the PS&E.

TASK 3.2 Design Revisions
We will review design change requests and prepare new design plans as needed.

Task 4 - Non-Infrastructure Component
Fehr & Peers (F&P)will develop a comprehensive SRTSplan including short and long-term physical improvements and programs thatencourage walking and bicycling to school and enhance safety. We will refer to Exhibit 22-R, ATP Non-Infrastructure Project Work Plan(RFP Exhibit 8), which is the approved NI scope of work from the ATP grant application.

TASK 4.1 Project Development and Management
F&P will oversee day-to-day operations of Task 4, reporting directly to the City’s Project Manager and coordinating with engineer lead,MNS, and education and public outreach lead, Walk ’n Rollers (WNR). Our team will have support from several F&P’s internal Research& Development groups, known as Discipline Groups (DGs): Community Engagement DG, Complete Streets DG, and Multi-ModalSafety DG. Each of the DGs keep up to date on best practices and can serve as independent reviewers to provide feedback on ourengagement, outreach, and analysis approach.

F&P and WNR will prepare a Task 4 kick-off meeting to establish goals, confirm the project approach and schedule, and identify keystakeholders with City project leaders. F&P Project Manager Rachel Om, AICP, will coordinate with the City Project Manager to finalizethe project approach and schedule and provide a project management plan following the kick-off meeting.

The project management plan will articulate the project schedule, work products by task, and any critical path dependencies between tasksthat could pose as risks to completing the project on schedule and within budget. The project management plan will also include protocolsfor addressing any issues that arise during the project proactively, including communication and change management procedures.

Throughout Task 4, monthly project check-in calls will provide an opportunity for active team members to provide updates on theirrespective work and to discuss any issues with the full project team. We will provide agendas and minutes for each meeting.

Lastly, we will coordinate with the City Communications Department to create and maintain a SRTS webpage that will share updates,information, and links to each school district’s website. Through our coordination with Oxnard Communications staff on the Oxnard STP,we have developed an understanding of the perspective of the Communications Department and the timeline needed to review, approve,and post flyers, website content, and social media posts.

Deliverables: Kick-off meeting with agenda and minutes; draft and Final Project Management Plan and Work Plan that include the Scope

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38 Agreement No. A-8466of Work and Schedule.

TASK 4.2 Pedestrian and Bicycle Safety Educational Workshops and Rodeo Courses Each school has different capabilities and needs. To appropriately address this task, WNR will provide several options to each school inan effort to determine which is the best fit for their students, schedule and location. For elementary schools, they offer pedestrian safetyassemblies and after school and weekend Bike Skills Workshops (Rodeos) as well as safety programming during physical education (PE)that includes both pedestrian and bicycle safety. For middle schoolers and high schoolers, Pedestrian Safety Workshops, Bike SkillsWorkshops and Bike Repair Days are offered as options, again, based on a school’s capabilities and needs, with age-appropriate curricula.

Students learn best when doing, and for over 10 years, WNR's programs have been designed to teach students traffic safety essentials in afun and engaging manner. From how to safely cross streets to essential cycling rules of the road and helmet fitting, children leave with anunderstanding of the essentials of traffic safety. All workshops teach an understanding of not only why walking and biking to school isimportant but also why being safe is important. Pedestrian workshops are grade-appropriate and can be taught indoors or outdoors asassemblies or as an engaging, interactive experience. They cover walking with a buddy, crossing at corners, looking four ways beforecrossing and not being distracted as well as other traffic safety concerns.

For Bike Skills Workshops, in addition to the traffic signs, crosswalks and safety equipment, WNR also brings their fleet of over 40 bikes,scooters and helmets, so kids of all ages and abilities can participate. WNR's team of LCIs (League Cycling Instructors)—several ofwhich are bilingual—are especially adept at workingwith children and bring enthusiasm and creativity to every activity. Bike SkillsWorkshops include helmet fitting, ABC Quick Check overview, rules of the road, bike handling skills and concepts such as yielding andhazard avoidance. Bike Repair Days are designed to engage the entire school population and surrounding community and are led orsupported by student leadership. Programs such as these are excellent opportunities to involve community groups such as Mixtecos’Tequio Youth Group. Bike Skills Workshops are also designed to be community-oriented so that all family members feel welcomed. Wewill also make an effort to include local groups such as BikeVentura in any educational activities, and provide interpretation wherehelpful.

Promotional and marketing materials will be created in partnership with the City and School Districts, using multiple languages asnecessary. Materials will be uniform so that safety is a common message throughout the school districts and all programming is speakingwith the same voice. Incentive materials may include items such as bike helmets, reflective wristbands, stickers, and activity books.

Deliverables:
● Five pedestrian and Bicycle Safety Education Workshops (one each at up to five schools)● Five Kids Bike Skills Workshops/Rodeos (one each at up to five schools).● 10 total activities at up to 10 separate schools.● Alternatively, five of the highest need schools could receive both safety workshops and bike skills workshops to concentrate theprogram effectiveness and create a template for other schools to follow TASK 4.3 International Walk to School Day, and Bike to School Month Traditionally, schools use International Walk to School Day in October to launch their schools’ walk to school program and National Biketo School Day and Bike Month to build on the enthusiasm. These national and international events inspire and boost awareness andparticipation in local walk and bike to school days. As part of our STEP program in Orange County for example, WNR collaborated withschool officials at target schools to help them have their biggest Walk to School Day ever with 12 schools participating.

For this task, WNR will seek a parent volunteer at each school to spearhead the effort and work closely with school and districtadministration to ensure appropriate outreach and engagement. WNR will work to coordinate communications with each school to buildcommunity-wide support and maximize efficiency. Efforts will include a planning calendar, marketing materials and talking points. Ifappropriate, WNR will help each school develop a Safe Routes to School Committee to continue this work past the sunset of the grant.WNR will continue to collaborate with schools and encourage the development of consistent monthly walk to school days, especially inthe second year of the program to provide a foundation for sustainability. Incentives such as stickers and reflective wristbands will bedeveloped to increase participation and raise awareness.

Marketing materials will include dual-language templates for fliers, posters, newsletters and social media posts. WNR will support acity-wide poster contest titled “Why Drive When You can…” to expand on the conversation of safety and active transportation. All events

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39 Agreement No. A-8466will be promoted and presented to the community on various levels, using all available means of print and online communications,including presentations at City Council meetings, school board meetings, and school-based events as appropriate.

Deliverables:
● Promote International Walk to School Day to target schools, October 2022 and 2023.● Coordinate Walk to School Days at target schools, providing on-site support to schools as needed.● Promote National Bike to School Day and Bike Month to target schools, May 2023, 2024.● Coordinate and publicize efforts for Walk to School Days as part of local efforts and regional and national campaigns.● Coordinate with school districts, civic leaders, and local law enforcement.

TASK 4.4 Walkability Assessment and Key Routes to School Understanding the existing infrastructure and neighborhood routes most traveled by students is critical to develop key routes to school thatnot only prioritize safety but also reflect where students are traveling to/from school.

F&P will organize one walkability assessment, during either arrival or dismissal, at each of the 26 schools with key stakeholders, such asCity staff, school administration, teachers, students, parents, and/or traffic officers, in order to experience the environment where studentstravel, observe key issues and positive practices, and identify potential improvements. The walkability assessments at the six schoolsreceiving infrastructure improvements under the infrastructure component of this project will focus on identifying key routes to schoolsince infrastructure improvements will be implemented as part of this project. We would streamline coordination with the Oxnard PoliceDepartment on the walkability assessments (Task 4.4) and developing action plans (Task 4.5) to ensure we are respectfully requestingofficers’ time and input in an efficient manner given their many other commitments.

With staff and stakeholders from 26 school sites, this effort will require careful management in terms of client and stakeholdercommunication, schedule, and budget. We will develop a schedule for conducting the walkability assessments that groups schools bygeographic location and prioritizes schools by greatest need, estimated by the collision and citation analysis in Task 4.5, financial need,and share of students walking/biking to school. We will develop a clear and consistent workflow for each school site with built-inflexibility to accommodate the unique needs and desires of each school. The following workflow was developed based on best practicesidentified in A Technical Guide For Conducting Pedestrian Safety Assessments for California Communities.

Step 1: Kick-off Meeting: F&P will facilitate a kick-off meeting conference call with each school’s staff and key stakeholders to discussknown issues in advance of the audit. Their team will work with each school representative to identify staff and stakeholders and arrangethe walkability assessment date. The discussion will cover the following items to prepare a walking route for the walkability assessment:
● Current preferred routes approaching or departing the school.● Key barriers (physical and perceived) discouraging walking and biking.● Collision and citation trends (identified as part of Task 4.5).● Challenges and successes for arrival/dismissal activity.● Identification of key stakeholders to invite, along with any special accommodations needed, such as interpretation. Our budgetincludes a line item to support hiring local interpreters through MICOP, as needed, to provide Spanish and indigenous languageservices.

Step 2: Conduct Audit: F&P will lead one walkabilityassessment during either the school morning arrival or afternoon dismissal periodfor each school. The assessment team will follow a pre-determined route, informed by the findings from the kick-off meeting, around theschool area to observe drop-off/pick-up operations and walking and bicycling activity, note infrastructure deficiencies, and assessopportunities for safety and operational improvements. Following the assessment, the group will convene to discuss potentialimprovements. As noted above, the walkability assessments for the six schools receiving infrastructure improvements under theinfrastructure component of this project will focus on identifying key routes to school. F&P will coordinate with WNR on the walkabilityassessments for schools that will also host a pedestrian and bicycle safety workshop or rodeo course to ensure the WNR team is familiarwith the existing conditions for those respective schools.

Step 3: Draft Summary Report: F&P will prepare a draft summary report for each school that summarizes key issues, identifies keyroutes to school, and recommends infrastructure and programmatic improvements. F&P will coordinate with the engineering lead toincorporate lessons learned and best practices from the six schools receiving infrastructure improvements as part of this project. For the 20schools not receiving infrastructure improvements as part of this project, the report will include a graphic illustrating the key routes to

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40 Agreement No. A-8466school and location of recommended infrastructure improvements. For the six schools receiving infrastructure improvements as part ofthis project, the report will include a graphic illustrating the key routes to school only. For the 20 schools with infrastructurerecommendations identified, they will be categorized as Short, Mid or Long-term, with the responsible agency identified. For the sixschools receiving infrastructure improvements as part of this project, the report will be focused on future non-infrastructure improvementsonly. A draft summary report will be compiled and submitted electronically to the school, respective school district, and the City forreview and comment.

Step 4: Final Summary Report: One round of consolidatedcomments will be incorporated into a final summary report for each school,and the final summary report will be submitted electronically to each school, respective school district, and City Public Works.

Deliverables
● Kick-off meeting and summary notes for each school (26).● Draft Summary Report for twenty (20) schools not receiving infrastructure improvements, which includes walkability assessmentattendees, photos, and recommended key routes to school, educational programs, staffing needs (e.g. crossing guards), andinfrastructure improvements.● Draft Summary Report for six (6) school receiving infrastructure improvements, which includes walkability assessmentattendees, photos, and key routes to school, educational programs, and staffing needs (e.g. crossing guards).● Final Summary Report for each school (26), which incorporates one round of consolidated comments from each school,stakeholders, and City staff.

TASK 4.5 Collaboration with Oxnard Police Department, Development of Action Plans, and Stakeholder Meetings F&P will leverage the relationship we have developed with the Oxnard Police Department through the Oxnard LRSP and STP,particularly with the traffic sergeant and traffic officers, to review collision and citation trends to understand collision patterns, such as topviolations and collision types, for each school. F&P will organize a kick-off meeting with the Police Department to serve as a listeningsession for the project team and coordinate access to collision and citation data.

In order to maximize the effectiveness of each task, stakeholder engagement for this task will be paired with the education and outreach inTasks 4.2 and 4.3 and the walkability assessments in Task 4.4 to avoid overwhelming stakeholders with requests, which may lead toengagement/participation fatigue. F&P will synthesize the collision and citation analysis, stakeholder input, and findings from thewalkability assessments, to identify three to five action items for Oxnard Police officers to support Safe Routes to School and schoolarrival/dismissal traffic operations, such as targeted enforcement and directing traffic.

F&P will prepare a draft action plan for each school that summarizes collision and citation trends and recommended action items forOxnard Police Department to support safe routes to school and school arrival/dismissal traffic operations. After City staff and OxnardPolice Department review the action plans, we will prepare a final action plan that will be incorporated into the final summary reportsprepared as part of Task 4.4 so that all stakeholders, which include City staff, school staff, teachers, parents, and the Police Department,are aware of how everyone can contribute to implementing and supporting Safe Routes to School.

Deliverables
● Three meetings with Oxnard Police Department: one kick-off meeting to serve as a listening session, a second meeting to reviewcollision and citation data, and a third meeting to review findings and recommended actions. These meetings can besupplemented by the coordination and discussion as part of the walkability assessments in Task 4.4.● Draft Action Plan for each school (26), which includes a summary of collision and citation trends and recommended action itemsfor Oxnard Police Department to support Safe Routes to School and school drop-off/pick-up traffic operations.● Final Action Plan for each school (26), which incorporates one round of consolidated comments from each school, City staff, andOxnard Police Department, and will be incorporated into the Final Summary Report developed in Task 4.4.

TASK 4.6 Pre- and Post-Project Pedestrian and Bicycle Counts F&P will coordinate with each of the 26 schools to collect pre and post project pedestrian and bicycle counts. F&P proposes to use thestandardized Student Travel Tally developed by the National Center for SRTS to align with national efforts around SRTS programs. Thepre-project pedestrian and bicycle counts will be gathered as part of the walkability assessments to build on the relationships developedand momentum built around conducting the walkability assessments. The post-project pedestrian and bicycle counts will be gathered near

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41 Agreement No. A-8466the end of the project to assess the impacts of the pedestrian and bicycle safety workshops and rodeos (Task 4.2) and the InternationalWalk to School Day and Bike to School Month (Task 4.3). We will coordinate with each school to either administer the surveys, withdistrict/principal/teacher approval, or have school staff/teachers administer the survey, depending on school and district protocols. The preand post-project counts will be summarized in one report with findings and trends for each school.

Deliverables
● Copy of pre- and post-pedestrian and bicycle count sheets.● Draft report that summarizes pre- and post-pedestrian and bicycle counts and identifies trends for each school and citywide.● Final report that incorporates one round of consolidated comments from City staff and school representatives.

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42 Principal Engineer
Sr Project Engineer
Project Engineer
Associate Engineer
Assistant Engineer
Sr CADD Technician
Principal Surveyor
Associate Project
Surveyor
One Person Survey Crew
Task Descriptions $226.17 $130.14 $100.06 $94.29 $69.00 $104.83 $171.30 $98.29 $135.78 Task 1 Project Management

1. Develop PDT 4 4 $905 $905

2. Kickoff/PDT Meetings (4) 8 4 4 16 $2,587 $2,587

3. Team Coordination Meetings (4) 8 4 4 16 $2,587 $2,587

4. QA/QC 4 24 28 $4,028 $4,028

5. Non-infrastructure Coordination 20 20 40 $6,525 $6,525 $16,631 Task 2 - Design Phase

1. Data Collection/Field Review 8 12 12 32 $4,142 $4,142

2. Utility Coordination 6 20 28 54 $5,290 $300 $5,590

3. Survey and Mapping 80 176 110 366 $45,939 $4,180 $50,119

4. Constraint Analysis/Mitigation Plan 8 16 24 $3,410 $3,410

5. Base Mapping 8 16 24 $2,432 $2,432

6.a Right of Way Engineering (10 PE&C) 5 15 30 50 $5,777 $5,777

6.b Title Reports (3) 1 1 2 $397 $3,000 $3,397

7. Provide final plans, specification and estimate 1 2 3 $415 $500 $915

8. Construction Cost Estimate 4 8 20 32 $3,591 $3,591

9. 65% and 100% PS&E (33 Sheets)
Title Sheet 2 4 6 6 18 $1,872 $1,872
General Notes 2 4 8 14 $1,668 $1,668
Street Plans 1"=40' Double Stacked - 5 Sheets 24 48 64 136 $14,647 $14,647 Const Details - 26 Curb Extensions - 7 Sheets 30 60 120 210 $25,022 $25,022 Const Details - 51 Curb Ramp Reconst - 9 Sheets 40 80 144 264 $26,988 $26,988 Misc. Details - 1 Sheet 4 8 16 28 $3,336 $3,336
RRFB Details - 1 Sheet 4 10 20 34 $3,944 $3,944
Street Lighting Layout Plans - 2 Sheets 8 20 20 48 $5,907 $5,907 Signing and Striping Notes and Plans - 6 Sheets 20 60 40 120 $14,374 $14,374 Specifications 12 24 36 $5,115 $5,115 $182,247

10. Division of State Architect Coordination 8 24 32 $4,211 $4,211 $4,211 Task 3 - Const Support for Changes to Design

1. Respond to RFIs and Submittals 12 24 36 $5,115 $5,115

2. Prepare CCO designs 8 32 40 $5,011 $5,011 $10,127
Task 4 - Non-Infracture Component

1. Project Development / Management $21,840 $16,200 $38,040

2. Conduct five (5) pedestrian & bike workshops & rodeos $8,585 $36,000 $11,500 $56,085 Task Costs
Task Summary
Fehr & Peers
MNS Engineers, Inc. - Team Resource Estimate
Safe Route to School Safety and Enhancement Project PW 22-87 MNS Engineers
MNS Resource Hours
Total Costs
Reimbursables
MNS Resource Costs
Walk n' Roller
City of Oxnard - C Street Bike Facilities PW19-95 Fee

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EXHIBIT B - RATES AND COSTS
Agreement No. A-8466
43 Principal Engineer
Sr Project Engineer
Project Engineer
Associate Engineer
Assistant Engineer
Sr CADD Technician
Principal Surveyor
Associate Project
Surveyor
One Person Survey Crew
Task Descriptions $226.17 $130.14 $100.06 $94.29 $69.00 $104.83 $171.30 $98.29 $135.78 Task Costs
Task Summary
Fehr & Peers
MNS Engineers, Inc. - Team Resource Estimate
Safe Route to School Safety and Enhancement Project PW 22-87 MNS Engineers
MNS Resource Hours
Total Costs
Reimbursables
MNS Resource Costs
Walk n' Roller

3. Organize International Walk Day/Bike to School Month $4,047 $23,400 $10,000 $37,447

4. Conduct Walkability Assessment & provide list of
recommendations. $69,941 $3,000 $5,243 $78,184

5. Coordinate w/ Oxnard Police, Action Plan &
Stakeholder $64,836 $5,000 $69,836

6. Collect Pre & Post project pedestrian and bicycle
counts - each school $18,845 $18,845 $298,437
Total Staff Hours 251 24 351 196 242 276 81 176 110
Total Staff Costs $56,769 $3,123 $35,121 $18,481 $16,698 $28,933 $13,875 $17,299 $14,936 $511,652 $511,652
Project Summary
$511,652

GRAND TOTAL
$188,0941707
Hours $205,235 $511,652
Staff Summary
$39,723$78,600
City of Oxnard - C Street Bike Facilities PW19-95 Fee

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44 Task 4 Non-Infrastructure Budget
Oxnard Safe Routes to School
Matt Benjamin
Principal-in-
Charge
Chelsea
Richer
Associate-in-
Charge
Rachel Om
Project Manager
Johnny Schmidt
Project
Engineer/Planner
Andrea
Bjornlie
Admin
Support
Jim Shanman
Project Lead
Johanna
Iraheta
Project
Coordinator
Instructors
Rate $313.28 $197.59 $132.62 $122.78 $145.73 $150 $75 $50 Total Hours Labor Task 4.1 Project Development and Management
Task 4.1 Project Development and Management - Subtotal 8 20 74 5 34 72 72 0 285 $38,040.23 Task 4.2 Bike & Ped Workshops and Rodeos
Task 4.2 Bike & Ped Workshops and Rodeos - Subtotal 2 2 20 40 0 100 100 270 534 $44,585.06 Task 4.3 International Walk to School Day/Bike to School Month Task 4.3 International Walk to School Day/Bike to School Month - Subtotal 2 2 8 16 0 72 168 0 268 $27,447.08 Task 4.4 Walkability Assessment and Recommendations
Task 4.4 Walkability Assessment and Recommendations - Subtotal 16 42 100 320 28 20 0 0 526 $72,941.34 Task 4.5 Action Plans and Stakeholder Meetings
Task 4.5 Action Plans and Stakeholder Meetings - Subtotal 8 44 89 298 36 0 0 0 475 $64,836.24 Task 4.6 Pre/Post Bike and Ped Counts
Task 4.6 Pre/Post Bike and Ped Counts - Subtotal 4 8 24 76 24 0 0 0 136 $18,844.97 Task Labor 40 118 315 755 122 264 340 270 2224 $266,694.91 Direct Costs
Translation Services $5,000.00
Mileage FP $2,433.60
Mileage WnR $2,808.00
Helmets $6,500.00
Printing (fliers, posters, banners) $5,000.00
Reflective Wristbands $7,500.00
Stickers $2,500.00
Total Task 4 Cost $298,436.51

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45 Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

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January 2020
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☒ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant

Consultant ___MNS ENGINEERS, INC._____________________________________________________

Project No. ____PW 22-87_____ Contract No. _PW 22-87_______________ Date _5/05/2022________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total Principal Eng./PM Michael Ip_____________ 251 $ 92.04________ $ 23,102.04_____ Sr. Proj Eng/QA-QC Gabriel Do-Reynoso_____ 24 $ 52.96________ $ 1,271.04______ Proj. Eng/Designer Sam Potts_____________ 351 $ 40.72________ $ 14,292.72_____ Assoc. Eng/Designer Robert Wilcox__________ 196 $ 38.37____ $ 7,520.52______ Assist Eng/Designer Jacob Payer____________ 242 $ 28.08____ $ 6,795.36______ Sr CADD Tech/Drafter Oscar Hernandez_______ 276 $ 42.66____ $ 11,774.16_____ Principal Surv/Surv PM Shane Sobecki_______ 81 $ 69.71___ $ 5,646.51______ Assoc. Surv/Off. Surv Richard Sleeman_______ 176 $ 40.00___ $ 7,040.00______ Surv Crew/Field Surv Hector Perez_______ 110 $ 55.26____ $ 6,078.60______

LABOR COSTS
a) Subtotal Direct Labor Costs $ 83,520.95

b) Anticipated Salary Increases (see page 2 for calculation) $ ________

c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 83,520.95

INDIRECT COSTS
d) Fringe Benefits (Rate: 53.73%) e) Total Fringe Benefits [(c) x (d)] $ 44,875.81 f) Overhead (Rate: 69.66%) g) Overhead [(c) x (f)] $ 58,180.69

h) General and Administrative (Rate: _____%) i) Gen & Admin [(c) x (h)] $ _______________

j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 103,056.50

FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10 %] $ 18,657.75

l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
Equipment Rental and Supplies 110 hr $38 $4,180
Reproduction 500 ls $500 $500
Utility Atlases 300 ls $300 $300
Title Reports 3 ea $1000 $3,000
l) TOTAL OTHER DIRECT COSTS $7,980

m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) FEHR AND PEERS, INC. $195,528.51
WALK N’ ROLLER $102,908
$
m) TOTAL SUBCONSULTANTS’ COSTS $298,436.51

n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $ 306,416.51

TOTAL COST [(c) + (j) + (k) + (n)] $ 511,651.71

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46 Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

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January 2020
NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)

Direct Labor
Subtotal per Cost
Proposal
Total Hours per
Cost Proposal
Avg
Hourly
Rate
5 Year
Contract
Duration
$250,000.00 5000 = $50.00 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)

Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours per
Year

Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1
Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% * 5000 = 750 Estimated Hours Year 3
Year 4 15.0% * 5000 = 750 Estimated Hours Year 4
Year 5 10.0% * 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)

Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per
Year

Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1 Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 * 500 = $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $257,871.10
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary
Increase
=
$7,871.10
Transfer to Page 1

NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

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47 Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

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J anuary 2020

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I
, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. G
enerally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) A
ll costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Prime Consultant or Subconsultant Certifying:

Name: Shawn Kowalewski Title *: Vice President Signature : Date of Certification (mm/dd/yyyy): 5/05/2022 Email: [email protected] Phone Number:805-648-4840 Address: 100 E. Thousand Oaks Boulevard, Suite 105, Thousand Oaks, CA 91360 *
An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

L
ist services the consultant is providing under the proposed contract:

Civil Engineering

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48 Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal

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January 2020
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

Consultant: Fehr & Peers

Project No. PW 22-87 Contract No. PW 22-87 Date: 04/05/2022

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total Principal II / Principal-In-Charge* Matt Benjamin 40 $98.44 $3,937.60 Senior Associate I / Associate-in-
Charge*
Chelsea Richer
118 $62.09 $7,326.62
Senior Engineer/Planner I / Project
Manager*
Rachel Om
315 $41.67 $13,126.05
Engineer/Planner III / Project
Planner/Engineer
Johnny Schmidt
755 $38.58 $29,127.90
Sr. Business Services Administrator IV
/ Admin Support
Andrea Bjornlie
122 $45.79 $5,586.38

LABOR COSTS
a) Subtotal Direct Labor Costs $ 59,104.55

b) Anticipated Salary Increases (see page 2 for calculation) $ 0

c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 59,104.55

INDIRECT COSTS
d) Fringe Benefits (Rate: 0%) e) Total Fringe Benefits [(c) x (d)] $ 0 f) Overhead (Rate: 0%) g) Overhead [(c) x (f)] $ 0

h) General and Administrative (Rate: 189.31%) i) Gen & Admin [(c) x (h)] $ 111,890.82

j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 111,890.82

FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10%] $ 17,099.54

l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs 4,160 miles $0.585 $2,433.60
Translation Services 1 Ls $5,000 $5,000
$ $
$ $
$ $
l) TOTAL OTHER DIRECT COSTS $ 7,433.60

m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS’ COSTS $0

n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $ 7,433.60

TOTAL COST [(c) + (j) + (k) + (n)] $ 195,528.51

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49 Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal

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January 2020

NOTES:

3. Anticipated salary increases calculation (page 2) must accompany.

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50 Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal

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January 2020
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3