Oxnard City Council
January 3, 2023

AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)

9. Coordination of Services . The Services shall be coordinated with the person in the position listed in ―(7) City’s Project Manager‖ on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in ―(8) Consultant’s Project Manager‖ on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.

10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by t he State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the pe rformance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, assigns or subcontractors not conduct him - or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.

11. Additional Work . City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work , which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.

12. Audit. 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. 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. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, o r if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice.

Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. I n the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of thi s Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.

14. Hold Harmless, Defense and Indemnity.

If Consultant provides any architectural, landscape architectural, engineering or land surveying (―design professional‖) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, ―Indemnitees‖) from and against any and all claims , demands, causes of action, damages, 280
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injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, ―Cl aims‖), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the fail ure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. C onsultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney and selected from Consultant’s insurance carrier’s panel counsel , to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liab ility is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify t he Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney and selected from Consultant’s insurance carrier’s panel counsel, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. 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 any of the Indemnitees.

a. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or terminat ion of this Agreement. The provisions of this Section 14 shall not be restricted by an d does not affect the provisions of this Agreement relating to insurance. Notwithstanding any provision of law to the contrary, Consultant shall have the right to defend and settle any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any indemnitee without that indemnitee’s approval. Consultant’s obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.

15. Insurance. Consult ant shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in ―(9) Insurance Coverage‖ on the Cover Page and in the Insurance Exhibit, which is attached here to and incorporated herein by this reference, unless the City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City’s Risk M anager evidence of insurance coverage as specified in ―(9) Insurance Coverage‖ on the Cover Page and in the Insurance Exhibit.

Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.

16. Documents and Materials.

a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (―Documents and Materials‖) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. All Documents and Materials shall be considered ―works made for hire,‖ and all Doc uments and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, 281
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shall be and remain the property of the City without restriction or limitation upon t heir use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre -existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto.

b. Consultant shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expen se to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Consultant shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense t o the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant ma y retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.

c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.

d. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of th e Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials.

Consultant shall defend, indemnify and hold Indemnitees harmless from any lo ss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Consultant shall have no liability arising from the use of any Documents and Materials for any purpose or on any project other than that for which it was produced.

e. This Section 16 shall survive the termination of this Agreement.

17. Confidentiality of Information.

a. For the purposes of this Agreement, ―Confidential Information‖ means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software progr ams, software source documents, and formulas; or (ii) non -technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Consultant or is developed by Consultant in whole or in part at the City’s expense.

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b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City.

c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is co mmunicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no relation to this Agreement, or (iv) is required by law, court or der, court -issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.

d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Consultant. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damag es. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.

e. Other than an obligation upon the City to dea l in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confident ial Information disclosed under this Agreement.

f. This Section 17 shall survive the termination of this Agreement.

18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Consultant wishes ex cept as expressly provided in this Agreement. 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 det ermine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant and its employees and agents have no authorit y, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant’s subcontractors, material suppliers, directors, officers, employees, agent s and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer -employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.

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19. Nondiscriminatory Employment . Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, gene tic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.

20. Consultant’s Representations . Consultant represents, covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.

21. Compliance with Laws . In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.

22. Conflict of Interest . 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 statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant shall not to accept any employment or representation du ring the term of this Agreement or within 12 months after completion of the Services which is or may likely make Consultant ―financially interested,‖ as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.

23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.

24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.

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

26. Applicable Law; Venue . The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.

27. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

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28. Force Majeure. 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 are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.

29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.

30. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.

31. Integration; Amendment . This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Consultant regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and prom ises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.

32. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in par t.

33. No Waiver . Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

34. Attorneys’ Fees . The prevailing party shall be entitled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, inclu ding investigation fees and expert witness fees, in addition to any other relief to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.

35. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received —on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid —to the addresses listed as ―(10) Addresses for Notice‖ on the Cover Page or at such other address as one party may notify the other in writing.

36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement.

A signed copy of this Agreement transmitted by email to Project Managers’ emails listed in ―(11) Contact Emails‖ on the Cover Page or by other means of electronic transmission shall be deemed to have the sa me legal effect as delivery of an original executed copy of this Agreement for all purposes.

37. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remain ing provisions of this Agreement shall continue in full force and effect.

[Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as ―(1) Agreement Start Date‖ on the Cover Page.

CITY OF OXNARD INTERWEST CONSULTING GROUP, INC.

John C. Zaragoza, Mayor1 Date Chris Giordano, CEO 2 Date

Elizabeth Burke, Secretary Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor authorizes)

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)

1 The City Council must authorize any agreement over $200,000 annually. The City Manager may authorize any agreement over $100,000 up to $200,000 annually. The Purchasing Agent may authorize any agreement up to $100,000 annually. All agreements shall be executed by the Purchasing Agent.

2 The City requires the following for any contract:
 For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
 For an LLC, the signatures of at least two managers of the LLC (company directors, not lower -level managers); or
 For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

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SCOPE OF SERVICES EXHIBIT

On-Call Planning Permit Processing Services Scope of Work

Professional services under this Agreement will be composed of task orders for each individual project assigned by the City. The task order proposal shall identify a concise description of the Scope of Work to be performed by the Consultant, how the Consultant plans on completing the Work, and a schedule for completion of the Work. It is the Consultant’s responsibility to determine the best and most cost effective method to complete the Work so that the assigned task order can be completed to the satisfaction of the City. Task orders will be negotiated as a lump sum amount per term or per project based upon the hourly rate fee schedule. The Scope of Work will allow for additional professional services offered by the Consultant and the services noted below shall not be restricted to those directly listed. The Scope of Work per task order may include, but not be limited to, the following:

1. Processing discretionary and ministerial development projects;

2. Providing public counter services, including but not limited to, answering general questions processing Zoning Clearances, Accessory Dwelling Unit Zone Clearances, Temporary U se Permits, Home Occupation Permits, and/or Short Term Rentals permits;

3. Answering questions from members of the community, stakeholder groups, developers, or other interested parties during regular business hours (either at the City Hall Planning Counter o r via teleconference/email - whichever is preferred by the City);

4. Coordinating permit review with appropriate departments, commissions, consultants, and/or outside agencies. Analyzing development projects for compliance with the City’s General Plan, Zoning Ordinance, Subdivision Map Act, design standards, applicable specific plans and other plans, policies and regulations. Reviewing project applications for completeness and providing constructive input to applicants in a timely manner consistent with the Pe rmit Streamlining Act as requested by City Planning Staff;

5. Functioning as the project manager or planner on development projects;

6. Researching, compiling and analyzing social, economic, environmental and associated data related to any project;

7. Analyzing and updating City ordinances, regulations and code provisions;

8. Preparing environmental analysis and documents pursuant to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), including but not limited to: initial studies, exemptions, addenda, mitigated negative declarations, and environmental assessments; and managing other consultants selected to prepare environmental impact reports (EIRs) and/or environmental impact statements (EISs);

9. Preparing letters, memos and/o r staff reports and associated documents including approval/denial findings, resolutions, and conditions of approval for, but not limited to, the Development Advisory Committee, Community Workshops, Downtown Design Review Committee, Community Development D irector Hearings, Planning Commission, City Council, LAFCo, the California Coastal Commission, and/or other stakeholder organizations;

10. Making presentations before, but not limited to, the Development Advisory Committee, Community Workshops, Neighborhood Co uncils, Downtown Design Review Committee, Community Development Director Hearings, Planning Commission, City Committees, City Council, LAFCo, the California Coastal Commission , and/or other stakeholder organizations;

11. Meeting with developers and other pr oject proponents, such as property owners and other interested groups, for any project;
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12. Preparing grant applications and managing grants -funded projects, including grant reporting, in compliance with the terms of awarded grants;

13. Assisting in management of cannabis program elements;

14. Performing and coordinating review of planning studies and analysis;

15. Preparing written records and reports of investigation and violations of zoning codes; providing on -site field verification documenting compliance and coordinating enforcement of zoning ordinances; ordering the issuance of citations where appropriate;

16. Reviewing plans, including but not limited to, planning architectural plans, landscape plans, photometric plans, civil plans and construction drawings as part of Planning entitlements and the building permit process (―plan checking‖);

17. Administering condition compliance, building and safety plan check, and mitigation monitoring and reporting programs;

18. Providing quality control;

19. Maintaining good record keeping;

20. Performing other additional services as assigned and directed by the Planning and Environmental Servic es Manager, Planning and Sustainability Manager, Assistant Community Development Director, and/or Community Development Director related to other City activities or departments.
* All on-site staff will not work for the City any more than 960 hours per fiscal year (July 1-June 30).

On-Call Building Plan Check/ Engineering and Inspection Services Scope of Work

Professional services under this Agreement will be composed of task orders for each individual project assigned by the City. The task order proposal shall identify a concise description of the Scope of Work to be performed by the Consultant, how the Consultant plans on completing the Work, and a schedule for completion of the Work. It is the Consultant’s responsibility to d etermine the best and most cost-effective method to complete the Work so that the assigned task order can be completed to the satisfaction of the City. Task orders will be negotiated as a lump sum amount per term based upon the hourly rate fee schedule. The Scope of Work will allow for additional professional services offered by the Consultant and the services noted below shall not be restricted to those directly listed. The Scope of Work per task order may include, but not be limited to, the following:

1. Perform building plan review including commercial, industrial, residential, and tenant improvements.
a. Plan review for compliance with applicable codes, standards, local ordinances, and permit requirements as per the currently adopted California Building Codes (California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Green Building Standards Code, California Historical Building Code, California Existing Buildings Code, Calif ornia Reference Standards Code, California Fire Code), and OSHPD 3 standards.
b. Submit two legibly written copies of the corrections to the Manager and the permit applicant’s contact person.
c. Stamp and sign two sets of each page of the plans and mark Recommen d for Approval when plan check and recheck(s) are completed.
d. Limit contact with applicant to those questions or items that cannot be effectively and expeditiously handled in concise written form.
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e. Use calculations and reports provided by the City including two copies of plans, supporting calculations, reports and conditions of approval of the structure. The calculations and reports provided shall include, but not be limited to: Structural Calculations, Energy Code Compliance Forms, CalGreen Checklists and W orksheets, Geotechnical Reports, Acoustical sound/noise transmission reports, and all other calculations/reports furnished by Developer.
f. Return the initial plan check and recheck to the City within the following timeframes:

Project Type Initial Check
(working days)
Recheck (working days)

Residential Room Additions (up to 500 square
feet)
10 5
Residential Room Additions (over 500 square
feet)
10 5
Complete Single-Family Dwelling 10 5
Commercial/Industrial Interior Improvement 10 5
Complete Commercial/Industrial Projects 15 10
Complete Multi-Family Projects 15 10
Special Projects Including OSHPD 3 Review 15 10
Expedited Plan Check: At the City’s request, and as mutually agreed upon, Consultant can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, electronic submittals, phased submittals, conference calling, and video conferencing, can be used. Additional fees and turnaround times shall be negotiated prior to the commencement of work but shall not exceed 150% of the standard plan check fees.

Pick up and deliver plan check packages from the Building and Engineering public counter, or packages may be sent via U.S. Postal Service, courier, or common carrier.

Consultant shall be available via phone, email, and virtually as needed, within 1 business day of the request, to coordinate plan review comments and answer questions with applicants and/or City staff.

2. Perform inspection services for commercial, industrial, residential, and tenant improvements on an as-needed basis with 48 hours notice. Inspect construction projects for conformance to the approved plans and all applicable Codes and City ordinances.

3. Provide on site counter technician and/or plan checking services with 30 days notice,subject to availability of qualified personnel.

* All on -site staff will not work for the City any more than 960 hours per fiscal year (July 1 -June 30). 289
Agreement No. A-8511

RATES AND COSTS EXHIBIT

Fee Schedule

* The hourly rates listed below shall be increased annually on anniversary of agreement commencement date based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI -U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, howev er, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

Classification Hourly Billing Rate

Planning Services

Planning Manager 175 Principal Planner ................................................................................................................................. 160 Senior Planner ...... ...............................................................................................................................145 Associate Planner .............. ..................................................................................................................120 Assistant Planner .................................................................................................................................. 95 Planning Technician ............................................................................................................................. 75

Building Safety Services – Remote

Certified Building Official................................................................................................................ 150 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) /Architect...................... 145 Structural Engineer.…………………………………………………………………… ...................165 Senior Plans Examiner........................................................................................................................125 CASp................................................................................................................................................. 120 Inspector III........................................................................................................................................100 Inspector II...........................................................................................................................................90 Inspector I............................................................................................................................................80 Permit Technician............................................................................................................................. 70 Fire Protection Engineer................................................................................................................... 135 Senior Fire Plans Examiner................................................................................................................125 Fire Plans Examiner / Fire Inspector.................................................................................................110 ICC Building Plans Examiner …………………………………………………………….……… 110 Note:
 For inspection services please provide a 48-hour advance notice.  For all other on -site, on-call staffing services, please provide a 48-hour advance notice. 4-hour minimum will apply.
 Interwest cannot guaranty on-site, on-call services but will do our best to provide within these time frames.

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Agreement No. A-8511

INSURANCE EXHIBIT
Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

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

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

b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, ―any auto;‖

c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less tha n $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.

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

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

City of Oxnard
Insurance Compliance
Reference No.

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

3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains ―best effort‖ modifiers or if the insurer is relieved from the responsibility to give such notice.

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

5. Except with respect to Workers’ Compensation coverage the coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self -insurance coverages ( this must be endorsed) .

Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 291
Agreement No. A-8511

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsult ants.

Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

2/18
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Agreement No. A-8511

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change cov erage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

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

INS-A.doc

293
Agreement No. A-8511

ACORD CERTIFICATE OF INSURANCE

ISSUE DATE
(MM/DD/YY)

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

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

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER

POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY

EXPIRATION
DATE
(MM/DD/YY)

LIMITS

A

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

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG .
$1,000,00
0 PERSONAL & ADV. INJURY
$1,000,00
0 EACH OCCURRENCE
$1,000,00
0 FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE
$1,000,00
0 LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

A

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS

EACH ACCIDENT
$1,000,00
0 DISEASE-POLICY LIMIT
$1,000,00
0 DISEASE-EACH EMPLOYEE
$1,000,00
0 294
Agreement No. A-8511

A

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

Minimum coverage
$1,000,00
0 Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

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

AUTHORIZED REPRESENTATIVE

Rev. 2/18 INS-A.doc
295
Agreement No. A-8511

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:
 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which) NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

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

Name:

Address:

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)
Telephone: ( ) Date Signed:
296
Agreement No. A-8511

Via Fax: 678-259-1007

Rev. 2/18 INS-A.doc
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Agreement No. A-8511

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 2/18 INS-A.doc
298
On-Call Consulting Services
for Community Development
Jeff Pengilley, Assistant Director, Community Development Department Joe Pearson II, Planning & Environmental Services Manager City Council
January 3, 2023
299
Background 2
• Due to limited staffing levels and increases in the number of some permit types, there has been an increased need for consultant work. • Current contracts:

Consultant Services Term Contract
NTE
Rincon
On call Planning,
environmental reviews,
long-range planning
July 2021-June 2024 $750,000*
CSG On call Planning
Development plan check
July 2021-June 2024
March 2022-March 2025
$250,000
$500,000
M6 Development plan check February 2022-February 2025 $2,000,000 Bureau
Veritas Development plan check November 2020-December 2022 $525,000** *subject report recommends increase to $1,250,000
**amendment to extend the term is in process to allow for close-out of projects that are underway 300
Work Assigned To On-Call Consultants - Planning 3
• Contract planners have been utilized to work primarily on “deposit based” permits. • Some examples of projects assigned to contract planners include:
○ Developer Funded:
■ Sakioka Farms Implementation and Monitoring
■ U-Haul of North Oxnard (2420 North Oxnard Boulevard - former Levitz site)
■ Wagon Wheel (Oxnard Boulevard & Wagon Wheel Road)
■ Avalon Homes (Wooley Road & Edison Canal)
■ Oxnard Aquatics Center
■ Campus Park Activation Project
■ Approximately ten various projects
■ Wireless Permits
○ Grant Funding Projects:
■ SB2 Grant - $625,000 in grant funding
■ Local Early Action Planning (LEAP) Grant -$500,000 in grant funding • There is a need to assign a “fixed-fee” permit type to the consultants to get through the backlog of permits.
301
Rincon Consultants, Inc.
• July 2021 - the City entered into a contract with Rincon Consultants, Inc. (“Rincon”) for on-call permit processing and planning services, including long range planning efforts.
• Planning’s use of on-call services has outpaced the current Agreement with Rincon Consultants, Inc. to the extent that the current agreement has nearly been fully encumbered as of November 2022; thus, an increase in the total agreement amount is being sought. 4 302
Interwest Consulting Group, Inc
• Public Works Department has an existing on-call contract with Interwest up to $1,000,000 for project management, traffic engineering, engineering plan review and construction management, inspection and testing consulting and services.
• Community Development has a backlog of permits while low on both planners and engineers, staff recommends entering into another contract with Interwest for $1,100,000 in on-call planning as well as on-call development plan check services.
• Staff has worked with the Interwest team to prepare the proposed contract. As noted above the contact, if approved, will have a not to exceed of $1,100,000. Work performed by Interwest will be charged on a per task or per project basis, consistent with other existing on-call support services.
5 303
ERP Impact
• Community Development will begin the implementation of the new ERP software (EnerGov) that will replace our current computer software starting in January of 2023.
• This effort will require additional professional consulting services from on-call consultants to offset the significant staff time the ERP implementation will require.
6 304
Financial Impact 7
● Cost of the agreement with Rincon for on-call services will total $1,250,000.
● Staff estimates sufficient salary savings due to vacancies in the Planning Division to pay for anticipated planning services performed by Rincon. ● Amendment may also be funded by developer deposits received to date and additional future deposits, grant funding, General Plan Maintenance Fee funds (GPMF), and funding from other City departments for specific projects.
● Planning collects permit revenue which helps to offset the contract expenses and their impact to the General Fund.
○ FY 2020-2021 and FY 2021-2022 = $2,038,912 and $1,329,239 in total General Fund revenue.
● Budget appropriation of $350,000 in the Building & Engineering Division is needed for the contract for on-call development plan check services. 305
Committee Outcome 8
● The Community Services, Public Safety, Housing & Development Committee Committee approved 3-0 on December 13, 2022 to approve the staff recommendation and to forward the item for Council approval.. 306
Recommendation 9
That City Council:

1. Approve and authorize the execution of a First Amendment to the Agreement with Rincon Consultants, Inc. for on-call contract planning services, increasing the agreement amount by $500,000 for a total agreement amount of $1,250,000;

2. Award agreement to Interwest Consulting Group, Inc. for on-call planning as well as on-call development plan check services in the amount of $1,100,000; and

3. Approve a budget appropriation in the amount of $350,000 for development plan check services.
307
End of Presentation
308

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.3

DATE: January 3, 2023

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Approval of the Downtown Oxnard Improvement Association Annual Work Plan and Budget for Fiscal Year 2022-23. (10 minutes)

RECOMMENDATION

That the City Council approve the Downtown Oxnard Improvement Association annual work plan and budget for fiscal year 2022-23.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/SJJEM6qSeYQ

BACKGROUND

Since its inception in 2000, the City has been the largest property owner within the forty-block area that comprises the Downtown Oxnard business improvement district. The City also serves as the pass-through entity which levies the assessments for the district. In 2019, the organization that administers the funds collected from these assessments transitioned to become a 501(c) (3) Public Benefit Nonprofit Corporation, governed by elected volunteer Officers and Board of Directors incorporated as the Downtown Oxnard Improvement Association (DOIA).

On June 1, 2021, the City of Oxnard entered into a Management and Disbursement Agreement ("Agreement") with the DOIA. The Agreement sets forth the terms and conditions by which it administers the programs and services of the Downtown Oxnard Property-based Business Improvement District (“District”), which is funded through a special assessment on real properties located within the District boundaries. (See Attachment A.)

Pursuant to Section 4.7.1 Reports, Work Plans and Budgets of the Agreement DOIA is to prepare an annual work plan and budget in accordance with Section 36650 of the Streets and Highways Code, and Article XIII.D of the California Constitution.

If no structural changes are recommended to the engineer’s report, which was adopted at the renewal of the District outlining the activities over a five-year term, the annual work plan and budget will be considered and approved by the City Council each year before December 1st as a condition of the management agreement and the bylaws. Such an action expresses the desired and continuing partnership between the City of Oxnard and the DOIA and the work it is doing.

The DOIA board of directors approved the fiscal year 2022-23 annual work plan and budget at its October 2022 meeting. Although this item was previously scheduled to be presented to City Council prior to December 1st, due to a change in the City staff representation on the DOIA Board, the project was reassigned to the Housing Department and we were unable to meet that deadline. Going forward, the annual work plan and budget will be presented to the City Council for approval prior to December 1st.

309
The proposed improvements and activities include providing street, sidewalk, alley and parking lot cleaning; a public safety program; promotions and marketing; expansion of thematic physical amenities throughout Downtown; and other improvements and activities which benefit businesses and real property located within the District.

The City recognizes the importance of having a robust and thriving downtown, thereby sharing the goals and mission of this important community partner. The City is committed to working closely with the Downtown Oxnard Improvement Association to continue to revitalize and enhance our historic downtown. With that in mind, it is recommended that the City Council approve the proposed budget and work plan for the 2023 year.

The Annual Work Plan

In the fiscal year 2022-23, the annual work plan was developed over a series of meetings held by the DOIA committees that oversee each category.

Organization Administration

The Organization Administration committee oversees staff and day-to-day operations including insurance, finance, board policies, meetings, fundraising, and government relations.

The proposed projects include increasing stakeholder communications, recruiting additional board members, making presentations to community organizations, hosting two business networking events, conducting bi-weekly merchant store visits, establishing a volunteer program, enlisting board members to make public comments at council meetings at least once a month, providing board development training, making check-in calls to all property owners, and developing a fundraising plan.

District Identity and Placemaking

The goal of the District Identity and Placemaking Committee is to enhance downtown Oxnard's brand, improve public perception, position the district as a regional business and cultural attraction.

Proposed projects include designing a new District brand identity, promoting targeted business promotions and cultural arts assets, providing guidance to third party event organizers, reaching 10,000 followers on Instagram, creating a social media posting schedule and stock branding ads, assisting merchants to get listed on Google and social media, launching TikTok and NextDoor accounts, commissioning four more utility box art murals, installing street pole banners, and creating a new holiday display at the Plaza Park pagoda.

Civil Sidewalks

The purpose of the Civil Sidewalks committee is to ensure that a clean and safe downtown is being maintained including store frontage, public parking lots, and alleyways. This committee also oversees the maintenance provider contract and relations with the Public Works and Oxnard Police departments.

Proposed projects include hosting monthly meetings with safe and clean stakeholders (Police Department, Clean Team, District Safety, and Homeless Services), coordinating with social service agencies and homeless services to provide outreach and connect unsheltered persons with local resources, conducting a stakeholder survey to identify priorities, scheduling a workshop for businesses to learn how to deter crime, procuring additional trash receptacles for the eastside of the district, organizing two volunteer district clean-up events, advocating for signs in public parking lots to prevent illegal camping, promoting the City's waste disposal events, and assembling the District Baseline-Enhanced Services Manual.

Land Use

The Land Use Committee oversees all issues related to parking, transportation, planning, zoning, new developments, and outdoor dining encroachments.

Proposed projects include collaborating with the City to produce a developer's fair, promoting available buildings and 310
spaces downtown as investment opportunities, working with commercial real estate brokers, recruiting "destination-type" merchants, assembling a business attraction packet, educating property owners and contractors on "good design", partnering with Code Compliance to eliminate habitual violations, advocating for public restrooms, identifying opportunities to enhance lighting, identifying and promoting local resources for businesses, and advocating for improvements to design and code standards on Oxnard Boulevard.

For a full description of each committee's proposed projects, please see Attachment B.

The fiscal year 2022-23 Operating Budget

As shown in the chart below, the budget is divided into four categories - corresponding with the four committee areas. Of note, the engineer’s report provides no budget allocation for the Land Use Committee, so the annual work plan correspondingly includes no budget for that category. No structural changes to the engineer’s report are required.

The budget for Administration and Operations, $160,216, includes items such as the salaries and benefits of the executive director and administrative assistant, rent, utilities, insurance supplies, and all other items relating to the day-to-day operations of the organization.

The budget for District Identity and Placemaking, $76,850, encompasses advertising, banners, event production, printing, public art, website hosting, and holiday decor.

Civil Sidewalks is the committee that receives the largest portion of the budget, 56.75% or $311,000. Three quarters of this goes to the maintenance service contract and to pay for uniforms, tools and supplies for the contracted employees.

The rest of the budget in this area pays for the contract for security guards that monitor the District in the evenings.

FY 2022-23 District Annual Work
Plan Budget vs. Engineer’s Report
Annual Work Plan FY 22-23 Allocation Engineer Report Allocation Civil Sidewalks 56.75% 56%
District Identity 14.02% 15%
Administration 29.23% 29%
Land Use 0% 0%
Total 100% 100%

Please see Attachment C for a copy of the complete operating budget for fiscal year 2022-23.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

There is no direct fiscal impact to the City in approving this action.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS
311

1. DOIA Boundaries

2. FY 2022-23 DOIA Work Plan

3. FY 2022-23 DOIA Budget

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313
314
Downtown Oxnard Improvement Association
Proposed FY 2022-23 Work Plan Outline

Oxnard Downtown Improvement District | Work Plan Outline

District Identity & Placemaking
Enhance Downtown’s Brand, improve perception, and tell a positive story of the district attractions to position to be a competitive business and cultural attraction in the regional market. DIPM projects include those that market and promote the District or promote positive aspects of Downtown Oxnard. Issues may include: branding of the district, public relations, newsletter, special events, website development and maintenance, banner progra m, streetscape issues including landscaping design, tree selection, street light standards, holiday decorations, visual linkages, improvements to public spaces in the district, walking maps, brochures, social media, pedestrian signage from train station, management of news racks, etc.

Projects:
► Design new District brand identity (logo)
► Execute targeted business promotions – Small Business Saturday, “taco tours,” etc. ► Promote cultural arts assets – Teatro, Open Door Studio, murals, Heritage Square, etc. ► Provide guidance and oversight to third-party event organizers to ensure maximum benefit to downtown merchants and prevent negative issues Organization Administration
Position DOIA as the official voice representing the qualified and quantified interests of district property owners, merchants and residents. Organization Administration oversees staff and district administration and consulting contracts, corporate finances, insurance, grants, development of budget, Board agendas and meetings, correspondences, outreach, bylaws and Board policies, relations with the Mayor and Supervisor’s office, and public agencies, Board elections, fundraising, annual election of Board members.

Projects:
► Increase frequency and range of stakeholder communications: Email bulletin, website, BID services guide, text messaging, posters, etc.
► Recruit additional qualified, committed Board members ► Represent DOIA and make presentations/provide updates to key community organizations: Merchants Association, Chamber, INCF, City CAGs, Visit Oxnard, etc. ► Host 2 business networking events annually
► Publish and distribute annual report
► Enlist Board members to make public comments at City Council at least once per month ► Promote DOIA office as stakeholder drop-in resource center ► Conduct bi-weekly merchant store visits
► Conduct courtesy calls to all property owners to gauge concerns & confirm contact info ► Develop a volunteer recruitment, training and recognition program ► Provide ongoing Board Development training - Brown Act, Roberts Rules, etc. ► Develop fundraising plan to augment and diversify funding sources 315
Oxnard Downtown Improvement District
Proposed FY 2022-23 Work Plan Outline

Downtown Oxnard Improvement Association | Work Plan Outline

► Attain 10,000 Instagram followers
► Host 2 art exhibits per year in DOIA office/ gallery space ► Develop themed Social Media posting schedule
► Develop a series of stock branding ads and submit to area newspapers as PSA. ► Issue at least one press release bi-monthly on Downtown events & attractions. ► Assist merchants in getting listed on Google and social media ► Update media contacts database
► Organize cooperative marketing opportunity (i.e., VC Reporter page, off-site displays, etc.) ► Launch 2 new media channels – TikTok and NextDoor
► Commission 4 more Utility Box Art murals (including re-do of 1) ► Advocate for City to develop new sustainable landscape plan ► Install street pole banners –DOIA & community partner designs (Oxnard College) ► Launch campaign for succulent donations to supplement sidewalk planters ► Create new Plaza Park Pagoda holidays display

Civil Sidewalks
Maintain a clean and safe Downtown, including store frontage, public parking lots, and alleyways.

Civil Sidewalks oversees maintenance provider contracts involved in the improvement of the public rights of way, including sidewalk sweeping, steam cleaning, landscaping, personnel, and non - personnel expenses. It also manages relations with OPD and Public Works Department.

Projects:
► Host monthly meetings with Clean Team, PD, District Safety, and Homeless Services. ► Coordinate with social service agencies and Homeless services to outreach and direct unsheltered persons to available resources
► Conduct a stakeholder survey to identify District priority concerns and efficacy of services. ► Schedule a Crime-free business workshop to promote CPTED and other deterrents ► Procure additional trash receptacles for eastside district ► Educate merchants on benefits of locking trash enclosures and avoiding overfilling ► Organize two (2) volunteer district clean-up events
► Advocate for signage replacement in public parking lots to prevent illegal camping ► Label trash & recycle bins to encourage source separation and reduce recyclables theft 316
Oxnard Downtown Improvement District
Proposed FY 2022-23 Work Plan Outline

Downtown Oxnard Improvement Association | Work Plan Outline

► Create “District Baseline-Enhanced Services” manual with schedules & contacts ► Promote City Environmental Resources services – Electronic waste disposal, mattress recycling, etc.

Land Use
Parking, transportation, mobility, planning, zoning, link to Metrorail station, review of new developments, and outdoor dining encroachments.

Projects:
► Collaborate with City Economic Development to produce a Developers Fair ► Promote downtown investment opportunities (available buildings and spaces.) ► Continue to work with commercial RE brokers to promote downtown opportunities ► Promote available incentives (loans, tax credits, permit assistance, etc.) ► Recruit “destination-type” merchants (eg. brewery, Lassen’s, candy shop, pet supply, etc.) ► Update demographics data and re-design DOIA business recruitment packet ► Educate owners and contractors on “good design” through partnerships with industry professionals and trade schools, participate in Downtown Design Review Committee ► Partner with Code Compliance to eliminate excessive signage and habitual violations ► Advocate for public restrooms
► Identify and plan additional lighting enhancements
► Identify, promote and facilitate access to technical assistance and resources available through Cal State CI, SCORE, SBDC, EDC-VC, WEV, etc.
► Advocate for Oxnard Blvd improvements – design and code standards to achieve “complete streets” vision

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DOWNTOWN OXNARD IMPROVEMENT ASSOCIATION
FY22-23 OPERATING BUDGET - DEC 1 TO NOV 30
Totals
Period Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 FY 22-23 % to Total Revenue
Carryover Funds Contribution 25,000 25,000 4.55% Assessment Revenue 75,000 190,000 - - - 230,000 - - - - 495,000 90.07% Rental Income 1,500 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 18,550 3.38% Events Income - - - - - - - 9,000 - - - - 9,000 1.64% Other - - - - - - - - - - - - 0 0.00% Total Revenue 101,500 1,550 191,550 1,550 1,550 1,550 231,550 10,550 1,550 2,550 2,550 1,550 549,550 100.00% Total Income 101,500 1,550 191,550 1,550 1,550 1,550 231,550 10,550 1,550 2,550 2,550 1,550 549,550 Program Expenses
Civil Sidewalks
District Maintenance Services Contract 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 19,167 230,000 DMS Reimburse - Supplies, Uniforms, Tools - 2,000 - - - 2,000 - - - - 2,000 - 6,000 PSC Contract 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 6,250 75,000 Civil Sidewalks Total 25,417 27,417 25,417 25,417 25,417 27,417 25,417 25,417 25,417 25,417 27,417 25,417 311,000 56.75% District Identity & Placemaking
Advertising 300 300 300 300 300 300 300 300 300 300 300 300 3,600 Banners - - - - 5,000 - - - - - - - 5,000 Creative Agency 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 36,000 Events Production
Holiday décor - 15,000 - - - - - - - - - 12,500 27,500 Printing & Production 250 250 250 250 250 250 250 250 250 250 250 250 3,000 Public Art - - - 500 - - 500 - 500 - - - 1,500 Sponsorship - 250 - - - - - - - - - - 250 Website Hosting 50 50 50 50 50 50 50 50 50 50 50 50 600 District Identity & Placemaking Total 3,600 18,800 3,550 4,050 8,550 3,550 4,050 3,550 4,050 3,550 3,550 16,050 76,850 14.02% Administration & Operations
Accounting 300 950 - 300 - - 300 - - - - - 1,850 Board Meeting Support 50 50 50 50 50 50 50 50 50 50 50 50 600 Conferences & Education 50 50 50 50 50 50 50 50 50 50 50 50 600 Dues & Subscriptions 15 75 75 15 765 375 215 15 15 15 15 415 2,010 Equipment Lease 370 165 370 165 165 165 370 165 165 370 165 165 2,800 Insurance (commercial liability, D&O) 225 225 225 225 225 225 225 225 225 225 225 2,425 4,900 License & Permits - - - - 75 - - - - - - - 75 Offices Supplies 50 50 50 50 50 50 50 50 50 50 50 50 600 Postage 5 5 5 175 5 5 5 5 5 175 120 175 685 318
Rent - Office 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 2,100 25,200 Repairs & Maintenance 50 50 50 50 50 50 50 50 50 50 50 50 600 Salaries - Executive Director 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 70,000 Salaries - Administrative 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 2,167 26,000 Payroll Taxes 750 750 750 750 750 750 750 750 750 750 750 750 8,996 Workers Compensation Insurance 75 75 75 75 75 75 75 75 75 75 75 75 900 Employee Benefits 500 500 500 500 500 500 500 500 500 500 500 500 6,000 Telephone & Internet 300 300 300 300 300 300 300 300 300 300 300 300 3,600 Travel 25 25 25 25 25 25 25 25 25 25 25 25 300 Utilities 350 350 350 350 350 350 350 350 350 350 350 350 4,200 Miscelleaneoous 25 25 25 25 25 25 25 25 25 25 25 25 300 Administration & Operations Total 13,240 13,745 13,000 13,205 13,560 13,095 13,440 12,735 12,735 13,110 12,850 15,505 160,216 29.23% Total Program Expenses 42,256 59,961 41,966 42,671 47,526 44,061 42,906 41,701 42,201 42,076 43,816 56,971 548,066 100.00% Net Income (Loss) 59,244 (58,411) 149,584 (41,121) (45,976) (42,511) 188,644 (31,151) (40,651) (39,526) (41,266) (55,421) 1,484 Cumulative Net Income (Loss) 59,244 832 150,416 109,295 63,318 20,807 209,451 178,300 137,648 98,122 56,856 1,434 1,484 319