Agenda packet — Oxnard City Council, February 21, 2023 (part 2 of 4)

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campaign to change behaviors in the community. The selected entries must promote awareness and increases stewardship among of residents of the communities to reduce littering & waste production, increases recycling, and prevention of urban runoff. The bilingual outreach campaigns production will include youths’ art and messaging using conventional and social media (May 2023-June 2024)
Challenges: This project will directly serve 20 educators and ~ 1350 4th- 8thth grade students from Title 1 public schools in City of Oxnard, and indirectly the students’ families, students enrolled in the participating schools in following years, the residents of the communities around the rehabilitated parks, and all audience receptive of student-authored outreach.

Three challenges are:
a) The late start of this project during the 2022-2023 school year. Most teachers have a very busy schedule this late in the school year.
b) To convince the school administrators to allow their teachers to integrate this project into their instructional plan this late in the school year.

Our approach to these challenges is to offer incentives such as teachers’ stipends, the creation of additional green space, outdoor education, free access to a bilingual science curriculum and coverage of substitute teacher costs.

Another challenge is the large number of students in some of the identified schools in RFP #PW23-15. Attendance in Title 1 Schools in the City of Oxnard ranges between 580-3000 depending on grade level. An average middle school teacher instructs 120- 200 students per school year. Our approach is to be selective on the grades and teachers which will be harder in the first year. In Middle schools approach the club leaders, and/or AVID classes teachers.

Local Relevance: The targeted neighborhoods have been affected by drought, wildfires, urban island heat effect, vandalism, graffiti, and littering to the detriment of the region’s communities and aquatic resources. By empowering students to act on local waste issues, this project encourages behaviors by local youth to serve affected communities, contribute to the protection of local public areas, and watershed resources, and mitigate drought, fire, and erosion impacts. Additionally, this project provides the training that local educators need to further NGSS. Many schools are seeking project-based learning resources to better comply with the adopted NGSS instruction and to engage students in STEM fields. In addition, the proposed activities meet the following Clean California LGP goals:

- Infrastructure-related community litter abatement and beautification

- Non-infrastructure related community litter abatement events and education program

- Increasing transparency, public participation, and collaboration with communities through the parks’ litter abatement, beautification, and creation of outdoor classrooms by working collaboratively with schools and afterschool programs to educate and engage educators, students, and parents in promoting the benefits of edible and native plant gardens, no littering, waste reduction and recycling.

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EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and MERITO Foundation, Inc.)

SCHEDULE OF COMPENSATION

Estimated Staff Time
(Consultant/Subcontractor)
Staff
Hours
Rate Per
Hour
CCLGP Total
Party 1 Program Manager,
Rocio Lozano-
Knowlton
1,025 $62.00 $63,550
Party 2 Env. Education &
Sustainability Specialist
Jose Serrano
2,760 $27.41 $75,651
Party 3 Env. Education &
Citizen Science
Specialist
Leslie Magana
800 $26.00 $20,800
Party 3 Social Media &
Administration
Specialist
500 $26.00 $13,000
Total Staff Subtotal $173,001

Other Costs Total
Travel – Bus transportation of students whose schools are not in the immediate vicinity to the rehabilitated park or to Del Norte Recycling Center. Calculated per teacher (20 teachers) $5,000
Supplies/Materials – Education supplies such as copies of curricular lesson plans, ID guides, food for teacher trainings, science education supplies. Calculated per teacher
$4,000
Supplies//Materials Cont. - Student workday supplies (gloves, shovels wheelbarrows, safety vests) sets for 35 students $6,000
Itemized Incentives Cost – Teachers stipends and substitute teacher costs for one-day training ($1,000 per teacher/year) $24,000
Incentives Other Direct Costs – Students cash prizes for the authors of the best 3 art or media outreach project from the Beautiful Oxnard Challenge @ $2,000 for first place, $1,000 for second place, and $500 for third place
$7,000
Other Costs Subtotal $46,000
Staff / Other Costs Total $219,001

The project will work with a consultant to implement education and outreach to students at local schools, especially at those schools nearby project sites. The project seeks to provide education to young people with the goal of changing culture related to illegal dumping and litter and to build a community of engaged residents that take part in caretaking their local parks and public spaces. The education and outreach will extend to the students families as they are able to participate in the beautification and caretaking of their community.

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EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and MERITO Foundation, Inc.)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVI CE
PROVIDER/SELLER/BIDDER (hereafter referred to as “CONSULTANT”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

Exhibit INS-DD

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ABUSE AND MOLESTATION 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. If the Commercial General Liability Insurance policy referenced in Section 1a. above is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

c. 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”;

d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. 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 affecting coverage required by this Exhibit INS-B. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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 by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. C onsultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-B 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).

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5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant’s subconsultants.

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

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 address ed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notes of cancellation.

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the appl icable certificate of insurance. City preference is that you use the endorsement forms which are attached.

Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-B.doc
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SAMPLE

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

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

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

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

OTHER: Sexual Abuse or Molestation Liability

EACH OCCURRENCE $1,000,000

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

CERTIFICATE HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, T
HE 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. 2/23 INS-DD.doc
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Rev. 2/23 INS-DD.doc

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

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

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

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

SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or 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 ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Bro ker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

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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 per tains 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 endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

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

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Bro ker/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. 2/23 INS-DDdoc.

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City of Oxnard
Agreement Number CCL-5129-106 AMS
ADV ID: 0722000281

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Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CAL TRANS, and the CITY OF OXNARD, hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CAL TRANS, whichever occurs later. This RGA is of no effect unless approved by CAL TRANS.

AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CAL TRANS. This RGA shall expire on December 31, 2024.

Recitals

1. Under this RGA, CAL TRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment Ill under the terms, covenants, and conditions of this RGA.

2. CAL TRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, lnteragency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment Ill ("Project Work") within the project budget and in accordance with the items of this RGA.

Section II
CAL TRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section Ill
It Is Mutually Agreed:

1. Under this RGA, CAL TRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope
of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CAL TRANS' budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

EXHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and MERITO FOUNDATION, INC.)

RESTRICTED GRANT AGREEMENT
(CITY OF OXNARD AND CALTRANS)
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City of Oxnard
Agreement Number CCL-5129-106
AMS ADV ID: 0722000281

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2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment Ill), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in Oxnard Beautification and Clean up Program, hereinafter "Project", subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment Ill), which are attached hereto as Attachment Ill.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41 (e) and the parties agree that AGENCY must satisfy all of the requirements of California Streets and Highways Code section 94.41 (e).

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CAL TRANS policies and procedures, and all applicable CAL TRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: "The department [CAL TRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department."
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7. Project funding is as follows:

Fund Title
Clean California Local Grant
Funds
Cash Local Match
Value of Third-Party In-Kind
Contributions
Total of other fund sources
(not in-kind contributions)
Fund Source
State General Fund (0001)
Budget Item 2660-130-001
State Program Code

20.30.010.900
FY 2021/22
FY2022/231
Agency Provided
Agency Provided
Agency Provided
Total Project Costs
City of Oxnard
Agreement Number CCL-5129-106
AMS ADV ID: 0722000281

Page 3 of 19 ends

Dollar Amount
$887,282.00
$2,661,847.00
$0.00
$0.00
$0.00
$3,549,129.00
No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Jennie Yee (},., A-•- o ft Jlp� 05/09/2022 $3,549,129.00 Accounting Officer Printed Ac4unting o6<'cer Date Amount Certified Name Signature

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 7 4 Ops. Cal. Atty. Gen. 10 (1991 ), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY's Project Manager for Project is Kevin Thompson, (805) 385-7951. b. CAL TRANS' Contract Manager is Tammi Altamirano, (213) 366-2601. "Contract Manager" as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

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200
California Department of Transportation
District 07, Local Assistance
City of Oxnard
Agreement Number CCL-5129-106
AMS ADV ID: 0722000281

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Attention: Tammi Altamirano, Clean California Grant Manager Phone Number: (213) 366-2601
Email: [email protected]
100 S. Main Street
Los Angeles, California 90012

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CAL TRANS and AGENCY's receipt of the Notice to Proceed letter of this RGA by CAL TRANS. All reimbursable work shall terminate no later than June 30, 2024.

Project closeout and final invoicing to CAL TRANS must be submitted no later than November 1, 2024. Work incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CAL TRANS after November 1, 2024. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CAL TRANS Contract Manager, AGENCY will attend a kickoff meeting with CAL TRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CAL TRANS shall not exceed $3,549,129.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CAL TRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CAL TRANS Contract Manager at or below that fund limitation established herein.

13. Termination
a. CAL TRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CAL TRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CAL TRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CAL TRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.

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EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and MERITO Foundation, Inc.)

FEDERAL & STATE FUNDING - CALTRANS PROJECTS

The provisions of Exhibit E hereof are from the Caltrans Local Assistance Procedures Manual (“LAPM”) as Exhibit 10- R thereto dated September 2022. The provisions listed below are from Exhibit 10 -R for which there is not a comparable provision otherwise in this Agreement. A complete copy of Exhibit 10 -R can be found on the web at https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms. Certain provisions of this Exhibit E only apply if the box immediately to the left of the Section is checked. If a box is to the left of any Section of this Agreement and it is not checked, the provision does not apply to this Agreement. If there is no check box provided, the provision applies to this Agreement. In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. For purposes of this Exhibit, the phrase “CONTRACT ADMINISTRATOR” shall be City’s Designated Representative as identified in Section 20 of this Agreement.

ARTICLE I - INTRODUCTION

A. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

B. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

C. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

D. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II - CONSULTANT’S REPORTS OR MEETINGS

A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

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B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III – STATEMENT OF WORK

☐ A. CONSULTANT Services
Youth Education & Coordination Services as outlined in Exhibit A

☐ B. Right of Way
☐ Right of Way requirements are to be determined and shown by CONSULTANT;
☐ Land surveys and computations with metes and bounds descriptions are to be made; and,
☐ Right of Way parcel maps are to be furnished.

☐ C. Surveys
☐ CONSULTANT has the responsibility for performing preliminary or construction surveys.

☐ D. Subsurface Investigations
CONSULTANT has responsibility for making subsurface
investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT,
appropriate provisions are to be incorporated, including the following ___________________________________.

Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.

E. CITY Obligations
All data applicable to the project and in possession of CITY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT.

Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

☐ F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, State, and/or FHWA. Costs incurred by CONSULTANT for
meetings, subsequent to the initial meeting shall be included in the fee.

☐ G. Checking Shop Drawings
This Agreement requires the preparation of construction drawings which must be checked. CONSULTANT agrees that the payment Agreement No. 32300182

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for checking shop drawings by CONSULTANT is included in the fee charged by CONSULTANT under this AGREEMENT.

☐ H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

☐ I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that
CONSULTANT document the results of the work to the
satisfaction of CITY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

ARTICLE IV – PERFORMANCE PERIOD

None.

ARTICLE V – ALLOWABLE COSTS AND PAYMENTS

A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.

B. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work.

CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.

CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY approved overhead rate set forth in the approved Cost Proposal. In the event, CITY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by CITY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” of this article Agreement No. 32300182

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shall not be exceeded unless authorized by AGREEMENT amendment.

C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

D. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

E. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

F. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work.

Invoices may be emailed to: [email protected]

G. The total amount payable by CITY including the fixed fee shall not exceed $219,001.

H. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI – TERMINATION

None.

ARTICLE VII - COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Agreement No. 32300182

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Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS

For the purpose of determining compliance with Government Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES

A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

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D. CONSULTANT and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:

a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.

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b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.

c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X – SUBCONTRACTING
A. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

B. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

C. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

D. Prompt Progress Payment

CONSULTANT or subconsultant shall pay to any subconsultant, not later than Agreement No. 32300182

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fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

E. Prompt Payment of Withheld Funds to Subconsultants

The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

☐ Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant.

This clause applies to both DBE and non-DBE subconsultants.

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the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the CITY. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein.

These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES

A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services.

CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

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C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII – STATE PREVAILING WAGE RATES

A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (h
ttps://dot.ca.gov/programs/construction/labor -compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained fr
om the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records
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1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

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6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due.

CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for Agreement No. 32300182

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the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

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2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at
https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work.

The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII – CONFLICT OF INTEREST

A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV – REBATES, KICKBACK, OR OTHER UNLAWFUL CONSIDERATION

The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee.

For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

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ARTICLE XV – PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI – NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE

A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov.

Code §12990 and 2 CCR § 8103.

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disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.).

Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII – DEBARMENT AND SUSPENSION CERTIFICATION

A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. E
xceptions to the Federal Government excluded parties ( https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII – DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION

A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.

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purchases from DBEs counts towards the goal in the following manner:
● 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. ● 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.

● Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."

This AGREEMENT is subject to 49 CFR Part 26 entitled “Participati on by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

Consultants who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 0%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. C
ONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and sub mit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal.

Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

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(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or,
(4) Disqualifying CONSULTANT from future proposing as non-responsible

E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other Agreement No. 32300182

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forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
● Name and business address of each 1st-tier subconsultant ● Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
● Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)

If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold Agreement No. 32300182

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$10,000 until the form is submitted. The CITY will release the withhold upon submission of the completed form.

In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actu ally performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each

DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.

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L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10 th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX - INSURANCE

None.

ARTICLE XX – FUNDING REQUIREMENTS

A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI – CHANGE IN TERMS

None.

ARTICLE XXII – CONTINGENCY FEE

CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

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ARTICLE XXIII - DISPUTES

None.

ARTICLE XXIV - INSPECTION OF WORK

CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV – SAFETY

A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic.

CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. CONSULTANT mus t have a Division of Occupational Safety and Health (CAL- OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI - OWNERSHIP OF DATA

A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

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B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal aid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII – CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR

None.

ARTICLE XXVIII – CONFIDENTIALITY OF DATA

A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of Agreement No. 32300182

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this Article.

ARTICLE XXIX – NATIONAL LABOR RELATIONS BOARD CERTIFICATION

In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX - EVALUATION OF CONSULTANT

CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI - PROMPT PAYMENT FROM THE CITY TO CONSULTANT

The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied.

Upon receipt of a payment request, the CITY shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.

2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

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EXHIBIT F

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and MERITO Foundation, Inc.)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard CONSULTANT/Professional services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. CONSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.

D. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022

CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI - U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

a. CONSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.

b. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.

c. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.

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EXHIBIT G

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and MERITO Foundation, Inc.)

PREVAILING WAGE

1. CONSULTANT acknowledges that the Project defined in the Agreement between CONSULTANT and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations ( “DIR”) implementing such statutes. CONSULTANT shall perform the Project as a public work. CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement.

3. CONSULTANT is required to post job site no tices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONSULTANT shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by CONSULTANT or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. CONSULTANT shall comply with Labor Code Section 1776, which requires CONSULTANT and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. CONSULTANT s hall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT and each of its subcontractors shall submit to CITY a verified statem ent of the journeyman and apprentice hours performed under this Agreement.

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7. CONSULTANT may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, CONSULTANT must immediately notify CITY.

8. CONSULTANT is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONSULTANT shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement.

This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.

CONSULTANT shall comply with and be bound by Labor Code Section 1810.

10. CONSULTANT shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by CONSULTANT’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. CONSULTANT shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. CONSULTANT shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions.

CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its sub contractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs.

All duties of CONSULTANT under this Section shall survive Agreement termination.

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C

ONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF OXNARD AND KTU&A
B
y This Consultant/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of KTU&A (“CONSULTANT”), and CONSULTANT agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”
RECITALS:

WHEREAS, this Agreement is entered into as a result of the Restricted Grant Agreement (“RGA”) entered into between CITY and the California Department of Transportation (“CALTRANS”), attached hereto as Exhibit D and incorporated herein by this reference, for OXNARD BEAUTIFICATION PROJECT LANDSCAPE DESIGN SERVICES, Agreement No. 32300195 (the “Project); and
WHEREAS, per item 26c in the RGA, CONSULTANT shall adhere to any and all sections, items, attachment(s), and amendment(s) of the RGA in addition to the terms of this Agreement; and
WHEREAS, in the event of any conflict between the terms of this Agreement or any other incorporated document or attachment, and the RGA, the terms of the RGA shall control; and
WHEREAS, CONSULTANT represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the CITY desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, for OXNARD BEAUTIFICATION PROJECT LANDSCAPE DESIGN SERVICES and

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

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Section 2. SCOPE OF SERVICES

1. SU
MMARY DESCRIPTION OF SERVICES. Oxnard Beautification Project Landscape Design Services All design work is required to be completed by August 31, 2023.

2. P
ARTIES.

C
ITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 K
TU&A (“CONSULTANT”), a corporation of the State of California, located at 3916 Normal Street, San Diego California 92103

3. T
ERM OF AGREEMENT: From: February 22, 2023 To: June 30, 2024. 3 .1 Time is of the essence in this Agreement.
3 .2 All services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

4. A
GREEMENT AMOUNT: $269,883.

5. A
GREEMENT EXHIBITS.

T
he following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

E
xhibit A: Statement of Work ( or “Scope of Services”)
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements
Exhibit D: Restricted Grant Agreement
Exhibit E: Federal & State Funding - Caltrans Projects
Exhibit F: Living Wage Policy
Exhibit G: Prevailing Wage Policy

6. D
ESIGNATED REPRESENTATIVES.

T
he Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, CONSULTANT’s services shall be performed or immediately supervised by the CONSULTANT’s Representative:

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CITY Designated Representative: CONSULTANT Designated Representative:

Name: Kevin Thompson Name: Brooke Whalen
Title: Parks Manager Title: Principal Phone: (805) 385-7951 Phone: 619-294-4477 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave., Building 3
Oxnard, California 93030

7. CO
NTRACTUAL PREREQUISITES.
7 .1 This Agreement must first be executed by the CONSULTANT , after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
7 .2 CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

7.3 A
request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

7.4 A
ll proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.

7.5 CONSULTANT shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8 . CONSULTANT'S SERVICES.
8 .1 CONSULTANT shall perform the tasks, obligations, and services s et forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement. 8 .2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. CONSULTANT hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. C
OMPENSATION.

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C
ITY will be receiving State and/or Federal grant funds. CITY shall pay CONSULTANT for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “ Exhibit B.” CITY shall pay CONSULTANT an amount not to exceed the amount that is listed in “Exhibit B.” Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

10. P
AYMENT & INVOICES.

T
he CITY shall pay all undisputed portions of any applicable invoice within forty - five (45) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within forty-five (45) days after receipt of such invoice, notify the CONSULTANT of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

10. 1 Payment Request. CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected]

10. 2 Non-Appropriation of Funds. Payments to be made to CONSULTANT by CITY for the Services performed within the current fiscal year are within the current 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 appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10. 3 CONSULTANT’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by CONSULTANT and its employees, agents and Subcontracted CONSULTANTs.

10. 4 CONSULTANT shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service.

If any sales tax is due for the Servic es performed by CONSULTANT or materials or products provided to CITY by CONSULTANT , CONSULTANT shall pay the Agreement No. 32300195
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sales tax. CITY shall not reimburse CONSULTANT for sales taxes paid by CONSULTANT.

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in sections 3.2 and 3.3, this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

13. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 31 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice.

14. 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. 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; provided, however, that performing such services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all services done on behalf of the CITY.

CONSULTANT and its employees and agents have no authority, express or implied, to act on behalf of CITY in any capacity, to incur any debt, obligation or lia bility Agreement No. 32300195
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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.

15. LAWFUL PERFORMANCE.

15.1 Lawful Performance. CONSULTANT shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

CONSULTANT shall not perform any services for the CITY when the CONSULTANT is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work per formed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONSULTANT's work by CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship.

17. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by CONSULTANT in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such Agreement No. 32300195
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records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's services. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY.

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT without infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.

17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the CITY or information belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality. CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

17.6. Disclosure of Information. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

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17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by CONSULTANT in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the professional services of CONSULTANT. . Any attempt by CONSULTANT to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONSULTANT's services pursuant to this Agreement shall be provided by the CONSULTANT’s Designated Representative or directly under his/her supervision, and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement.

20. NOTICE.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice i n the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by CONSULTANT shall be construed to be both a covenant and a condition.

22. WAIVER.

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CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from CONSULTANT ’s obligations under this section, CONSULTANT shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with CONSULTANT ’s performance of this Agreement or CONSULTANT ’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. CONSULTANT’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 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, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve CONSULTANT from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if CONSULTANT asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The provisions of this Subsection 23.3 apply only in the event that CONSULTANT is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the Agreement No. 32300195
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business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

23.3.1 Notwithstanding the provisions of Subsections 23.1 and 23.2 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, CONSULTANT's duty to indemnify, hold harmless, and defend the Indemnitees shall be limited to the extent that any claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

23.3.2 In no event shall the costs of defense charged to CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection 23.3 shall be construed to require CONSULTANT to provide indemnification for claims caused by the active negligence or willful misconduct of the Indemnitees.

23.4 The review, acceptance or approval of CONSULTANT ’s w ork or work product by any of the Indemnitees shall not affect, relieve or reduce CONSULTANT’s indemnification or defense obligations. CONSULTANT waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The CONSULTANT’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.5 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, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer -employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to 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.

24. INSURANCE.

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CONSULTANT shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that CONSULTANT obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. CONSULTANT shall, before performance of any services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. 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 shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, CONSULTANT understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, CONSULTANT will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DIR).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement.

The duty to pay the correct wage is the responsibility of the CONSULTANT.

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27. [RESERVED]

28. [RESERVED]

29. [RESERVED]

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the CONSULTANT. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONSULTANT requests mediation within ten (10) calendar days.

Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of t he Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. 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; or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by C ITY.

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, Agreement No. 32300195
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lodging, meals and overhead. CONSULTANT shall include a copy of this Section 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.

33. ADVERTISING AND PUBLICITY

CONSULTANT shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the CITY Manager. This Section shall survive the termination of this Agreement.

34. 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, genetic 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.

35. FORCE MAJEURE.

Neither the CONSULTANT nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

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This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking en forcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. CAPTIONS AND HEADINGS.

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.

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44. ACKNOWLEDGEMENT.

By signing below, CONSULTANT acknowledges that it has reviewed the CITY’s CONSULTANT/Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance.

[Signatures on next page]

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In witness whereof, the Parties have entered into this Agreement on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD KTU&A, INC.

☐ John Z. Zaragoza, Mayor Date Mark Carpenter CFO, 1 Date ☐ Alexander Nguyen, City Manager
☐ Jennifer Yates, Purchasing Manager

Brooke Whalen, Vice President 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 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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EXHIBIT A

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and KTU&A)

SCOPE OF SERVICES

Overview
The primary objectives of the project include, but are not limited to the following:
● Beautify the listed project sites
● Preparation of bid-ready plans and specifications
● Project schedule and timely completion
The project involves the following sites:

1. Camino del Sol Community Garden. This park is located at Camino del Sol and N. Garfield Ave. in east Oxnard. The community garden currently occupies a 1.5- acre site and will be expanded by an additional 0.7 acres. Please see Attachment A for the Concept Plans that were submitted with the grant application. a. The project will transform the unused and litter-accumulating area on the south side of the existing community garden into additional garden spaces.

The enhancements include: new garden plots, safety lighting, new fencing, the planting of 34 fruit trees, and installation of a sculpture. The project also includes a small pavilion to provide a long-term place for residents to create altars for the annual Dia de Los Muertos. During this event, residents erect temporary altars and a community gathering is held with a corn maze, youth mariachi, and an abundance of marigolds (cempasuchil flowers) that were planted by the garden users.

The project also includes the installation of new garden gates, which allow easier access for residents with disabilities. One of the new gates will provide more direct access to the Class I Trail for those who access the garden from the northwest.
b. Cultural connection and community placemaking will be enhanced through the installation of a sculpture that is selected with input from the garden users and relevant to the local community. The budget for the sculpture is approximately $20,000 and there is no requirement for proprietary rights by the creator of the sculpture. Therefore, a pre- made piece purchased through a vendor is acceptable.
c. The 34 fruit trees (consideration for dwarf varieties) will be selected by the community to enhance public health as the garden users are able to maintain, harvest, and consume the fresh fruit produced by the trees. The trees will replace existing aging eucalyptus trees that pose a hazard in the area.

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d. The project will remove the existing improvised fencing and replace it with decorative low fencing to delineate each of the existing 71 garden plots.

Fifty-three of these garden plots are 15’x30’, and 18 are 30’x30’. This same style of decorative fencing will also be installed in the new expansion area that is estimated to have an additional twenty-five 15’x30’ plots.

2. Park Turf Conversion. The project will remove a total of 163,428 total square feet of turf from the 4 parks as described below. Educational signage in English and Spanish will be installed, to help prevent littering and illegal dumping in the parks (see attached Concept Plans). The project will improve the public spaces for walking and recreation via the new pathways through the habitat areas. Residents and school children will also be able to use the paths and learn about the habitat - providing species from educational signs that will be installed as part of the project

3. Rudolph Beck Memorial Park. This park is located at 600 W. Kamala St. in south Oxnard, directly adjacent to Kamala Elementary School. The project will remove 31,861 square feet of unused turf and will replace it with California-friendly, native, drought-tolerant, and habitat-providing landscape. The area will be designed as an outdoor classroom, both during the development phase via planting activities with the school children and also in the future as an active educational habitat in an urbanized area.

4. Del Sol Park. This park is located at 1800 Camino del Sol in east Oxnard. The project will remove 34,861 square feet of unused turf and replace it with California- friendly, native, drought tolerant, and habitat-providing landscape.

5. Lemonwood Park. This park is located at 2055 San Mateo Pl in east Oxnard, directly adjacent to Lemonwood Elementary School. The project will remove 65,261 square feet of unused turf and replace it with California- friendly, native, drought-tolerant, and habitat-providing landscape. The area will be designed as an outdoor classroom, both during the development phase via planting activities with the students of Lemonwood Elementary and as an active educational habitat in an urbanized area.

6. Southwinds Park. This park is located at 300 E. Clara St. in south Oxnard, directly adjacent to Art Haycox Elementary School. The project will remove 31,445 square feet of unused turf that will be replaced with California- friendly, native, drought-tolerant, and habitat-providing landscape The area will be designed as an outdoor classroom, both during the development phase via planting activities with the students of Art Haycox Elementary and as an active educational habitat in an urbanized area

7. Wayfinding and Art. The project integrates community art in the form of a sculpture at the community garden. The sculpture will serve as a cultural connection element. Both the users and residents have expressed their interest in a locally -relevant sculpture that reflects the street name and garden name of Camino del Sol.

Task 1: Project Management
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Consultant shall coordinate all efforts of the Project Team including representatives from the City’s Public Works Department. The Consultant shall facilitate regular Project progress meetings and provide monthly written updates on the Project status and budget.

The Consultant shall provide all professional and support services required to manage, control, track, and report on the progress of work and expenditures provided under this scope of work, including but not limited to:

1. Consultant will organize, attend, and document bi -weekly virtual or teleconference project coordination meetings with the City’s Public Works Department staff and community stakeholders. Consultant will prepare meeting agendas and notes for each in- person and teleconference meeting to ensure efficiency and to establish a record of important project decisions and milestones. The agendas will be distributed at least 24 hours prior to each meeting, and the meeting notes and action items will be distributed within 72 hours of the meeting. The meeting agendas and notes will be delivered to the City at the completion of the project as part of the overall deliverables.

Consultant will lead the coordination and scheduling efforts between the City, and other interested parties identified by the City, and various design team members for site visits, site inspections, and data collection.

2. At the commencement of the Project, the Consultant shall facilitate a “kick-off” meeting with the City’s staff to discuss the scope and parameters of the Project. Consultant will organize a virtual kick -off meeting with City staff to discuss project goals, schedule, process, and budget. The meeting will allow collaboration between the design team members and City staff to identify key issues, opportunities, and potential roadblocks affecting the planning and design of the new improvements.

3. Consultant shall develop a project schedule at the beginning of the project that covers preliminary design, recommendations, design drawings, specifications, construction cost estimate, bid documents, and bid/award support services. A Project schedule shall be submitted with the proposal and shall be updated within 2 weeks of the kickoff meeting.

4. Consultant shall develop a communications protocol to be followed by all team members to be submitted within one week of starting the project. Communication protocol will include standard project communication as well as emergency communication protocols. The design team will update key project management documents as part of the initiation of the project, including Project Schedule, Communications Protocol, and QA/QC Plan. The communications protocol will be developed within one week of a Notice to Proceed and cover both day-to-day and emergency communication protocols between the design team and the City. The Microsoft Project schedule submitted with this proposal will be updated within two weeks of the kick -off meeting and maintained on a monthly basis to provide updates to the City as part of the monthly invoicing process.

The Consultant will prepare and submit to the City an overall QA/QC plan that addresses both internal design team processes and submittals to the City. Throughout the life of the project, Consultant will perform quality control checks of all project documents/drawings and other deliverables to ensure the highest levels of accuracy and excellence. The internal quality control process will include a four-level check of all deliverables by design staff, the project manager, team leader, and principal -in-charge. Consultant will perform Agreement No. 32300195
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thorough reviews of drawings to ensure a high level of team collaboration and coordination between discipline drawing sets.

5. Consultant shall coordinate all of the services of sub -consultants including site visits and site inspections, and shall ensure coordination with the City operations and engineering staff and other interested parties as outlined by the City.

6. The Consultant shall develop a QA/QC plan, to be fol lowed for all submittals, within two weeks of starting the project. The plan shall include the staff who are responsible for reviewing design and documentation as well as the means for integrating review comments from the City.

7. The Consultant shall subm it invoices on a monthly basis with all supporting documentation in a format acceptable to the City. Invoices requiring amendment shall be dated according to when the revised invoice is delivered to the City. Invoices shall be delivered electronically to the Project Manager and to [email protected].

Task 2 – Preliminary Investigations
Review and assess existing data and reports relative to the project and conduct all necessary investigations and analyses required to identify and mitigate project issues that could impact or be impacted by the project including, but not limited to:

1. The City’s Parks and Recreation Master Plan

2. Regulatory/code and permitting requirements

3. CEQA Compliance Review: Consultant will review the development application, project plans, any applicant-provided technical reports prepared for the Project, and any other documents relevant to the environmental analysis. This review will allow Consultant to determine the adequacy of the documentation prepared to comply with CEQA. Consultant will identify baseline environmental conditions that will be affected by the Project through evaluation of the project location, environmental setting, and project characteristics.

4. Geotechnical investigation, including soil analysis as needed. Earth Systems will provide a geotechnical investigation within the Community Garden to support the design of project features such as the pavilion, lighting, and fencing. A drill rig will be used to excavate one (1) exploratory and sample acquisition boring. The boring will extend to depths of approximately 25 feet below the existing ground surface in the area of the proposed pavilion. The objective of this boring is to determine the in-situ engineering characteristics of the soils and provide design and site development recommendations. The boring will be logged and sampled for laboratory testing by personnel from Earth Systems.

5. Following completion of the field investigation and laboratory testing, Earth Systems will prepare a report addressing:
• Soil and groundwater conditions encountered
• Preparation of improvement areas prior to construction • Grading and backfill criteria
• Suitability of the soil for use as fill and backfill
• Types and depths of foundations for the pavilion, fencing, and light poles • Foundation Design parameters
• Seismic design criteria
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• Total and differential settlement
• Drainage around improvements
Reporting will be supported by graphics (including boring log) as necessary to support discussions in the text of the report. The report will be sealed by a State of California Certified Engineering Geologist and Registered Geotechnical Engineer.

6. The concept plans that were submitted with the grant application (Attachment A)

7. The infrastructure (Attachment B) spreadsheet submitted with the grant application

8. The Park Reconciliation Spreadsheet (Attachment C)

9. Mapping and Utility Investigation: Consultant will review existing data available for the project including site conditions, and request utilities in the area from utility agencies. Consultant will perform a utility search for all affected utilities in the project area including, but not limited to, water, electric, gas, sewer, communication, and storm drains. Consultant will develop a technical memorandum identifying each utility, as-built drawing numbers, contact information for each utility, and their existing and proposed structures in the project area. Consultant will add the utilities to a base map to be used in evaluating schematic designs.

Consultant will provide limited utility location services to identify all utilities of record within the Community Park site as well as try to identify any potential non- record utilities within that site so they can be reflected on the final base CAD file. Relevant utility and franchise companies will be contacted to obtain as-built information for the Community Garden site as well. Consultant will review record drawings provided by utility companies and franchise utilities to ascertain system location, depth, size, and type and will incorporate the utility information into the project base CAD file, reconciling with the topographic survey and site photos. Our review of the improvements within the park sites does not support the added expense of additional utility research within these areas. An optional task to perform additional utility research within the park sites is included. Once all utilities are documented in the project base file, all utility concerns relating to existing utility conditions and potential future conflicts with proposed project improvements will be examined and a summary graphic prepared for the Community Garden site to illustrate the locations of each utility concern and/or potential conflict.

Task 3 – Schematic Design
Consultant will generate a refined site design for the project . Through information gathered during the design process, Consultant will create a design for the project, including but not limited to:

1. Finalize design study alternatives for areas

2. Refine the concept to a final schematic design. Consultant will integrate the information gathered during Task 2 and evaluate the Concept Designs submitted as part of the grant application to determine if adjustments are required. Revised concepts will be prepared as required.

3. Preparation of Plans, Specifications and Cost Estimate of schematic design to be reviewed by the City’s Project Team at kickoff and 70% design Agreement No. 32300195
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4. Coordination with community stakeholders, such as Neighborhood Councils, as needed for design development, review, and discussion (estimated 6 meeti ngs).

The design team will prepare exhibits that present the collected survey and utility information, overlay the same information with the grant concepts, and integrated revised concept designs to present to the City and identified Neighborhood Councils to gain their input into the concept designs. KTUA envisions one (1) meeting dedicated to each project site, and then a combined meeting to approve the concepts to be moved forward into the Schematic Design package.

5. Planting plan with plant palettes consisting of native and drought resistant landscaping

6. Perspectives, sketches, and renderings as necessary to indicate the landscaping character of the project and its relationship to the pedestrian level shall be discussed with the Project Team, and provided to the Project Manager.

Consultant will produce one (1) digital perspective (Sketchup model rendered in Lumion) for each project site (total of 5) at the pedestrian level to support the design development process, and to communicate with the community.

7. Irrigation plan with itemized components and water efficiency design

8. Lighting plan with itemized components and energy efficient design

9. Identify potential locations of garden art piece, and develop concept with stakeholder input

10. Prepare 100% Schematic Design Package: This package is based on revisions requested by the Commission and City’s Project Team. The design team will prepare a 100% Schematic Design package that includes planting plans, irrigation plans, and improvement plans for all project sites, and a lighting plan for the Community Garden site. Also included in this submittal will be a set of outline specifications (2021 Greenbook), and an initial Rough Order of Magnitude (ROM) opinion of construction costs. The plan sheets will be submitted as 22”x34” sheets in PDF format and the opinion of construction costs in MS Excel format.

Task 4 – Design Development
Upon Project Team approval and acceptance of the Schematic Design and cost, Consultant will commence with Design Development. This phase of work shall refine the design and identify all key construction systems, materials, and critical coordination issues to initiate the PS&E process.

Tasks will include:

1. Develop the design to describe the character and construction method for all of the key construction and landscape elements

2. Detailed documentation of all elements within the scope of work, includi ng full specifications. Upon City’s approval of design development drawings and cost, Consultant will fully document all aspects of the design, including all relevant sections of technical specifications

3. Select key materials for site elements

4. Preparation of plans, specifications, details

5. Coordination of landscape design with civil engineering/grading design and documentation

6. Coordination with the City’s Project Team for design review and discussion. In addition to the bi-weekly coordination meetings, Consultant will schedule four (4) design coordination meetings with the City’s Project Team during the Design Development process.

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7. Cost estimating

8. Coordination of documents with specialist subcontractors, for example, the garden art piece details

9. Prepare drawings and data in AutoCAD and pdf formats and provide such drawings and data to Project Manager

10. Samples of proposed vegetation and related elements shall be discussed with the Project Team and provided to the Project Manager

11. Include all elements described in the Grant Agreement, as prioritized by Project Team and project stakeholders

12. 100% Design Development Plans (70% Construction Documents). Consultant will develop 70% Construction Documents for the new park improvements. Plans will include complete stormwater and drainage, landscape architecture and site design, electrical design, and structural design as required. Full specifications (2021 Greenbook) and a detailed opinion of construction costs will be developed.

The Design Development submittal will include 22”x34” sheets in PDF format and three (3) hard copy sets, and specifications in PDF and MS Word formats, and an updated opinion of construction costs in PDF and MS Excel format.

13. 100% Design Development Details

14. 100% Design Development Outline Specifications

15. 100% Design Development Cost Estimate

16. Meetings with Project Team (4 estimated)

17. Coordinate CEQA Compliance Documentation

Task 5 – Construction Documents
The Consultant shall prepare a probable construction cost estimate to be transmitted along with the final 100% design package for the Camino del Sol Community Garden and the turf conversion at the four parks. Consultant shall address comments from plan check and prepare final plans, specifications, and estimate, and submit to the City of Oxnard. It is expected that this package will be suitable for bidding and construction.

Consultant shall provide final design services that include full preparation of drawings, specifications, general and special provisions. The Consultant shall incorporate the review comments from the preliminary design phase into the 100% design package with the intermediate 90% submittal. The 100% design package shall include all bid documents, front -end documents, technical specifications, and drawings suitable for public bid. Subtasks include:

90% Design Submittal: Drawings and specifications from the preliminary design phase shall be modified to account for any remaining design changes as a result of the preliminary (70%) design review. At the end of the 90 percent design phase, drawings and specifications shall be complete. The following tasks are to be completed:

Consultant will integrate comments and direction from the City’s Project Team on the Design Development package into the 90% Design Submittal and ensure that all drawings and specifications are complete. Final Design Submittal will incorporate all plan check comments from permitting authorities into the Final Design Submittal. The submittal package will include PDF files and three (3) hardcopies of the 22”x34” plans and specifications.

The construction document package will include:

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1. T
itle Sheet
A title sheet will be prepared for the plan set based on the City of Oxnard standards and will also include project location and brief description, an index of sheets, a list of consultants, applicable code requirements, and any other additional information as required.

2. De
molition Plan
Consultant will prepare a site demolition plan including limits of demolition and specific items to be removed or protected in place. Irrigation and planting items will be indicated on the Landscape Demolition plan by Consultant.

3. S
ite Grading and Drainage Plan
A grading and drainage plan will be prepared indicating the grading and spot elevations to accommodate all of the new park improvements and stormwater BMPs. Earthwork quantities will be calculated with the intent to create a balanced site. In addition, the plans will include general civil notes, typical sections and details, DMA/Site Design BMP plan, and an erosion control plan.

4. Li
ghting Plan
Consultant will prepare the lighting plan identifying power source, control panels, and site lighting required within the community garden. Plans will include construction notes , photometrics, fixture schedules, and installation details.

5. S
tructural Design
Consultant will provide structural evaluation, detailing, and required calculations for structural components of the project. Anticipated structural components include pavilion footings, light standard foundations, and fence post footings.

6. S
ite Hardscape and Paving Plans
Consultant will prepare the site hardscape and paving plans to identify paving and surfacing materials, colors, and finishes within the project areas. The plans will include construction notes, schedules and legends, and construction details.

7. S
ite Furnishings and Amenities Plans
Consultant will prepare the site furnishings and amenities plans for the park improvements. The plans will identify park site furnishings such as benches, picnic tables, trash/recycle receptacles, etc. The plans will include construction notes, schedules and legends, and construction details.

8. P
lanting and Irrigation Plans
Consultant will prepare detailed planting and irrigation plans for all planting areas within the project limits of work indicating all irrigation equipment, heads, lateral and mainline runs, as well as the water and electrical points of connection. Plant species and quantities will be indicated as well as details for all plant types (trees, shrubs and groundcover).

Irrigation details for all equipment types, heads, pipe and conduit trenching, and any other required details for the irrigation system will be provided. Water -use calculations will be Agreement No. 32300195
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prepared to confirm compliance with the California Model Water Efficient Landscape Ordinance.

9. Traffic Control Drawings
As required

10. Electrical Drawings (equipment, instrumentation) and details Instrumentation and control drawings

11. Construction Cost Estimate and Schedule
Incorporation of all plan check comments from permitting authorities into Final Design Submittal.

12. Final Design Submittal
Final drawings shall be signed and sealed by a professional engineer and professional landscape architect registered by the State of California. The Consultant shall provide three (3) sets of 11” x 17” drawings, three (3) sets of 22” x 34” (D Size) drawings, four (4) sets of specifications, and an electronic copy in PDF format of the final design package for bid purposes. All drawings shall be prepared using a version of AutoCAD 2018 or later and .dwg files be delivered to the City as part of the final submittal.

Task 7: Bid Phase Services
The Consultant shall provide assistance to the City during the project advertisement and award period. Bid phase assistance shall include, at a minimum, the following:

1. Preparation of addenda in response to requests for information (RFIs) and requests for clarification (RFCs) received during the bid period. Consultant shall provide a written response to questions within two (2) business days of questions received during the bidding period. The responses shall be provided in short memorandum format with the question and response shown. Consultant shall also keep a log of the questions and responses.

2. Attendance and participation in the mandatory pre-bid meeting.

3. The Consultant shall incorporate all addenda issued during the Bid Period into a conformed set of contract documents within one week of the Bid Opening.

Task 8: Construction Phase Support
Consultant will respond to requests for information (RFI) from the construction contractor (Contractor), and review submittals for those parts of the project in the above scope of services. Consultant will provide design services during construction in support of t he City’s Construction Project Manager. Consultant will visit the site to familiarize generally with the progress and quality of construction and determine in general if the construction is proceeding in accordance with project design intent and constructi on documents.

Consultant will keep the City informed of the progress of construction and may recommend to the City the rejection of work failing to conform to the contract documents.

Engineering services during construction (ESDC) shall include, at a minimum, the following:

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1. Preconstruction Conference: Attendance and participation in the Pre- Construction Conference. Design team representatives will virtually attend the preconstruction meeting to support City staff
in their conversation with the awarded bidder. At this meeting, Consultant will also highlight key aspects of the construction drawing package, address any other requirements, and relay potential construction timing and phasing issues relating to the design to the contractor.

2. Project Meetings: Attendance and participation in the Bi -Weekly Project Progress Meetings with the construction contractor and all Project stakeholders. Consultant will participate in virtual bi-weekly construction coordination meetings including the contractor and City representatives to coordinate construction progress, issue coordination and resolution, and RFI and submittal tracking. Design team representatives will be included as appropriate. Consultant will respond to any RFIs that arise during construction and issue formal responses to City staff.

3. Attend Job Walks (2). Consultant will conduct two (2) job walks per project site, but grouped together in one day during construction to review m ockups, and plant material at delivery, inspect irrigation pressure and coverage tests, and examine overall construction progress. At these visits, KTUA will address any onsite questions relating to the construction drawings that may arise. A follow -up site observation report will be prepared after each site visit documenting any informational items and issues observed in the field with photographs and notes.

4. Submittal Review: Consultant shall review all shop drawings and material submittals transmitted by the construction contractor. Consultant will review all material submittals and shop drawings provided by the contractor for the project during construction and provide formal comments or acceptance to City staff. These will include all paving and hardscape, park amenities and furnishings, lighting, utility, irrigation, and landscape submittals.

5. Change Order Review: Consultant shall review all change order requests submitted by the construction contractor. The Consultant shall review each request and make a formal statement regarding entitlement and the merit of the contractor’s request. The Consultant shall budget for three change order requests to be submitted during the construction phase. The Consultant shall budget a minimum of eight (8) hours for each change order request. Consultant will consult with the City on any change orders submitted by the contractor to review whether the change order is warranted and whether the prices seem reasonable. Consultant shall budget for three change order reviews for 8-hours each.

6. Project Close-out: The Consultant shall assist in the development of Project punch lists and coordinate the delivery of all Project -related documentation. Upon completion of construction, Consultant will perform a Pre -Maintenance walkthrough to assess the project and confirm it is substantially complete and ready to move into the Establishment and Maintenance period. A punch list of necessary corrections will be prepared. Prior to the completion of the Establishment and Maintenance Period, Consultant will perform a Pre-Final walkthrough to identify any potential punch list items that remain to be corrected prior to the City providing final acceptance of the project. After completion of the final punch list items, Consultant will perform a Final walkthrough providing a thorough review of all constructed project elements including all park amenities and components, hardscape, irrigation, and landscape elements and systems. With all punch list items satisfied, Consultant will issue a letter of acceptable completion.

7. Prepare Record Drawings: The Consultant shall prepare a record drawing set based on the red-line drawings submitted by the construction contractor. The record drawings shall be
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prepared using a version of AutoCAD 2018 or later and shall be transmitted to the City within 30 calendar days of receipt of the contractor’s red-line drawings. Electronic copies of the record drawings shall be submitted to the City in both AutoCAD and PDF formats.

In addition, the Consultant shall submit three (3) hard copies of the record drawings on 22” x 34” bond paper.

Record Drawings
The Consultant shall prepare a record drawing set based on the red- line drawings submitted by the construction contractor. The record drawings shall be prepared us ing the version of AutoCAD 2018 or later and shall be transmitted to the City within 30 calendar days of receipt of the contractor’s red- line drawings. Electronic copies of the record drawings shall be submitted to the City in both AutoCAD and PDF formats. Record drawings will be provided to the City within 30-days of receiving the as-built redlines from the contractor. The as-built drawings will be provided to the City in digital format and three (3) sets of hard copies on bond paper. Verification of the contractor’s as -built redlines is not inclu
ded in this task.

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KTUA Jensen
Principal
Associate II
Associate
Civil
Engineer 2
Sr Project
Surveyor
C-Office
Admin
Task 1 Project Management
$185
$145
$135
$170
$165
$100

1.1 Biweekly coordination meetings with City & Stakeholders (Agenda, Materials, Minutes within 3-days)
8 16 16 8

1.2 Project Kick-off meeting with City (Virtual) 4 2 2 1

1.3 Update project schedule within 2-weeks of Kick-off 1 1 1

1.4 Develop and submit a communications protocol within 1-week of starting the project
1 1 1

1.5 Consultant and City coordination 1 1 1

1.9 Develop and submit a QA/QC Plan within 2 weeks of starting the project 1 1 1

1.10 Submit monthly invoices and project status reports 5 20 20 10 10 10 Total Hours 20 41 41 19 10 10
Total
$3,700
$5,495
$5,535
$3,230
$1,650
$1,600

EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and KTU&A)

SCHEDULE OF COMPENSATION
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KTUA Jensen EDI Earth Systems
Principal
Irrigation
Manager
Associate II
Associate

Sr Design II
Civil Engineer II
Engineering
Technician 3
Sr Project
Surveyor
Survey
Technician 3
C-Office Admin
2-man crew
E-Sr Engineer
G-Principal
G-Engineer
Technical
Assistant
Task 2 Preliminary
Investigations
$185
$175
$145
$135
$125
$170
$140
$165
$145
$100
$270
$175
$205
$145
$125

2.1 Review and assess
existing data and
reports
2 2 4 4 5 8 8

2.2 CEQA
Compliance
Review
1 1 1

2.3 Geotechnical
Investigators 1 1 20 17 2

2.4 Site Mapping 2 2 35 10 28

2.5 Site Utility
Investigations
(Includes 1 KTUA
site visit)
25 2 2 3 6 8
Total Hours 3 27 10 10 5 8 35 11 6 10 28 8 20 17 2
Total
$555
$4,725
$1,450
$1,350
$625
$1,360
$4,900
$1,815
$870
$1,000
$7,560
$1,400
$4,100
$2,465
$250
Other Direct Costs
$579
$5,270
Drill +
Labor

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KTUA Jensen EDI
Principal
Irrigation
Manager
Associate II
Associate

Sr Design II
Irrigation
Designer
Civil
Engineer II
Engineering
Technician 3
E-Sr
Designer

E-Designer
E-Drafter
Task 3 Preliminary Investigations
$185
$175
$145
$135
$125
$105
$170
$140
$175
$205
$145

3.1 Finalize design study alternatives (1)
for each site 4 5 5

8 3.2 Refine preferred concept to a final
schematic design 2 5 10 10 25 8

3.4 Coordination with community
stakeholders, such as Neighborhood
Council’s as needed for design
development, review, and discussion
(estimated 6 meetings) including
travel time and split teams
32 30 30

3 3.5 Planting plan with drought-
resistantisting of native and drought-
resistant landscaping 2 4 4 10

3.6 Irrigation plan with itemized
components and water efficiency
design
2 5 2 2
15 3.7 Lighting plan with itemized
components and energy-efficient
design (Community Garden only) 1

4 8 16
Coordinate new electric service with
SCE

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3.8 Identify potential locations of garden
art piece, and develop concept with
Stakeholder input (Community
Garden only)
1 2 4

3.9 Prepare 100% Schematice Design
Package – based on revisions
requested by the Commission and
City
4 2 4 4 15 10 12 24
City approval and acceptance of Schematic Design & Cost Estimate

Total Hours 47 12 58 55 54 25 31 24 20 8 16
Total
$8,695
$2,100
$8,410
$7,425
$6,750
$2,625
$5,270
$3,360
$3,500
$1,080
$1,520
Other Direct Costs
$1,816

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KTUA Jensen EDI T&S Structural
Principal
Irrigation
Manager
Associate II
Associate

Sr Design II
Irrigation
Designer
C-Principal
Civil Engineer
2 Engineering
Technician 3
E-Sr Engineer
E-Designer
E-Drafter
S-Principal
S-Project
Manager
S-Engineer

S-CAD
Technician
S-Office
Admin
Task
4 Design
Development
$185
$175
$145
$135
$125
$105
$230
$170
$140
$175
$135
$95
$220
$195
$140
$110
$85

4.1 Develop the design to describe the character and construction method

4.2 Detailed documentation of all elements, including specifications. Upon City approval of design development drawings & costs, consultant will fully document all aspects of the design, including relevant sections of technical specifications

4.3 Select key
materials for site
elements
1 2 2

4.4 Preparation of plans, specifications, details

4.5 Coordination with
City for design
with civil
engineering/
grading design
and
documentation
2 2

4.6 Coordination with City for design review and discussion (see 4.17 below)

4.7 Cost estimating

4.8 Coordination of documents with specialist sub-contractors, for example, the garden art piece details

4.9 Prepare drawings and data in AutoCAD and pdf formats and provide such drawings and data to the City

4.10 Perspectives, sketches, and rederings as necessary to indicate the landscaping chara cter of the project an its relationship to the pedesterian level shall be discussed with the City and provided to the PM

4.11 Samples of proposed vegetation and related elements shall be discussed with the City and provided to the PM Agreement No. 32300195
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4.13 100% Design
Development
Plans (70%
construction
documents) –
Submittal and
QAQC
8 4 4 4 8 4

1 2 5 2.5 0.5
Prepare grading /
drainage plans 1 1 3 8 24
Prepare layout
plans 2 2 10
Prepare planting
plans 2 2 50
Prepare irrigation
plans 8 1 1 50

Prepare
electrical/lighting
plans
1 4 8 16

4.14 100 % Design
development
details (details,
notes, and cals)

1 2 5 2.5 0.5
Prepare civil
details 3 8 24
Prepare
construction
details
2 2 5

Prepare planting
details 1 1 5
Prepare irrigation
details 1 5
Prepare
electrical/lighting
details

4 8

4.15 100% design
development full
specifications
2 2 6 6

4 6

0.5 1

4.16 100% design
development cost
estimate – 5 sites
2 2 3 3 5 5 4 6 4

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4.17 Meetings with
City (4
estimated)-virtual
4 4

2 4 4

4.18 Coordinate
CEQA
compliance
documentation
1 1

Total Hours
13 17 32 31 83 64 6 26 60 8 12 24 2 9.5 15 5 1
Total
$2,405
$2,975
$4,640
$4,185
$10,375
$6,720
$1,380
$4,420
$8,400
$1,400
$1,620
$2,280
$440
$1,853
$2,100
$550
$85
Other Direct
Costs

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KTUA Jensen EDI T&S Structural
Principal
Irrigation
Manager
Associate II
Associate

Sr Design II
Irrigation
Designer
C-Principal
Civil Engineer
2 Engineering
Technician 3
E-Principal
E-Sr Engineer
E-Designer
E-Drafter
S-Principal
S-Project
Manager
S-Engineer

S-CAD
Technician
S-Office
Admin
Task 5 Construction
Documents
$185
$175
$145
$135
$125
$105
$230
$170
$140
$195
$175
$135
$95
$220
$195
$140
$110
$85
Incorporate review comments from DD. The 100% design package shall include all bid documents, front -end documents, technical specifications, and drawings

5.1 90% and
100% design
submittal and
QAQC, 2
milestones
8 8 8 8 8 8

1 4 8 4 1

5.11 Demolition
plan and
details

1 4 16

5.12 Civil
drawings and
details
(grading and
public
improvement
s)

4 16 24

5.13 Landscape
architectural
drawings and
details
2 2 7 7 15 10

5.14 Traffic control drawings (as required
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5.15 Electrical
drawings
(equipment,
instrumentati
on, and
details

2 4 12

5.16 Instrumentation and control drawings

5.17 Complete
specifications 1 1 4 4 6 0.5 1

5.18 Construction
cost estimate
1 2 2 4

4 0.5

5.19 Incorporation
of all plan
check
comments
from
permitting
authorities
into the final
design sum
2 2 2 10 5

5.1.10 Construction
schedule 1 5 5 4

5.2 Final design
– QAQC and
submittal
2 2 2 2 10 5 8 2 4 8

5.2.1 Production of
final
engineering
drawings
1 1 5 5

5.2.2 Production of
final
engineering
specifications
1 1 1

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5.2.3 Probable
construction
cost estimate
(each site
separate)
1 1 1

Total Hours 16 16 33 33 52 33 5 42 40 2 2 8 20 1.5 7 13 8 1.5 Total
$2,960
$2,800
$4,785
$4,455
$6,500
$3,465
$1,150
$7,140
$5,600
$390
$350
$1080
$1090
$330
$1,365
$1,820
$880
$128
Other Direct
Costs

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KTUA Jensen EDI T&S Structural
Principal
Irrigation Manager
Associate II
Associate

Sr Design II
Irrigation Designer
Civil Engineer 2
Engineering
Technician 3
E-Designer
S-Project Manager
S-Engineer

Task 7 Bid Phase Services
$185
$175
$145
$135
$125
$105
$170
$140
$135
$195
$140

7.1 Preparation of addenda in response
to RFI and RFC, Written responses
within 2 days
2 4 4 6 4 2 4

7.2 Attendance /participation in
mandatory pre-bid meeting Virtual 1 2 2 1 2 2

7.3 Incorporate addenda into a
conformed set of contract
documents within 1 week of bid
opening
1 1 2 2 5 2 3 3 4

Total Hours
1 4 8 8 5 2 10 3 8 4 6
Total
$185
$700
$1,160
$1,080
$625
$210
$1,700
$420
$1,080
$780
$840
Other Direct Costs

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KTUA Jensen EDI

Principal
Irrigation
Manager
Associate II
Associate

Sr Design II
Irrigation
Designer
Civil Engineer 2
Engineering
Technician 3
E-Sr Engineer
E-Drafter

Task 8 Construction Phase Support
$185
$175
$145
$135
$125
$105
$170
$140
$175
$95
Preconstruction conference – virtual 1 1 1 1
Bi-weekly project meetings -virtual 2 6 18 18 9
Attend job walks (2) grouped 12 12 12
Submittal review 4 8 8 4 4
Change order review (8hrs/eax3) total 12 12
Project close out pre-final and final site observation
with site observation reports 24 12 12 4
Prepare record drawings within 30 days of receiving
red-lines (irrig, lighting, fencing, dg) 1 5 5 5 10 15 8 16 8 Total Hours 3 52 68 68 10 15 26 16 4 8
Total
$555
$9,100
$8,860
$9,180
$1,250
$1,575
$4,420
$2,240
$700
$760
Other Direct Costs
$4,053

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KTUA Jensen
Principal
Irrigation
Manager
Associate II
Associate

Sr Design II
Irrigation
Designer
C-Principal
Civil Engineer
2 Engineering
Technician 3
Sr Project
Surveyor
Survey
Technician 3
C-Office
Admin

2-man crew
Total
Hours
103 128 250 246 209 139 11 162 178 21 6 26 28
Total
$19,055
$22,400
$36,250
$33,210
$26,125
$14,595
$2,530
$27,540
$24,920
$3,465
$870
$2,600
$7,560
Other
Direct
Costs
$6,448

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EDI

EarthSystems T&S Structural
E-Principal

E-Sr
Engineer
E-Designer
E-Drafter

G-Principal

G-Engineer
Technical
Assistant
S-Principal

S-Project
Manager
S-Engineer
S-CAD
Technician
S-Office
Admin
Total Hours 2 42 36 68 20 17 2 3.5 20.5 34 13 2.5
Total
$390
$7,350
$4,860
$6,460
$4,100
$2,465
$250
$770
$3,998
$4,760
$1,430
$213
Total Other
Direct Costs

$5,270

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Optional Tasks C-Principal Sr Project Surveyor Survey Technician 3 2-Man Crew Additional site utility
investigations (optional)
12-hours 24-hours
Total $1,980 $3,480
Record map and
easement plotting
(optional)
10-hours 37-hours 17-hours
Total $1,650 $5,365 $4,590
Aerial topographic
survey Lump Sum
(optional)
$5,250

Hours Total 1767.5
Sub-Total $258,166
Other Direct Costs Total $11,718
Optional Services Total (not included in the Grand Total) $22,315 Grand Total $269,883

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EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and KTU&A)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “CONSULTANT”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

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 Insu rance 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 than $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.

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 signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before 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. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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 cover age 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 no tice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorse d to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain n o 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. 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.

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

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

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

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

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

Endorsement Forms

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

INS-A.doc

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

PRODUCER

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

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

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

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

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

CERTIFICATE HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

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

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

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

AUTHORIZED REPRESENTATIVE

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the 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 insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the 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.

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.

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

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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.

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

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

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

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

ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

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

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

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City of Oxnard
Agreement Number CCL-5129-106 AMS
ADV ID: 0722000281

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AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CAL TRANS. This RGA shall expire on December 31, 2024.

Recitals

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment Ill ("Project Work") within the project budget and in accordance with the items of this RGA.

Section II
CAL TRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section Ill
It Is Mutually Agreed:

EXHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and KTU&A)

RESTRICTED GRANT AGREEMENT
(CITY OF OXNARD AND CALTRANS)
Agreement No. 32300195
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City of Oxnard
Agreement Number CCL-5129-106
AMS ADV ID: 0722000281

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4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

7. Project funding is as follows:

20.30.010.900
FY 2021/22
FY2022/231
Agency Provided
Agency Provided
Agency Provided
Total Project Costs
City of Oxnard
Agreement Number CCL-5129-106
AMS ADV ID: 0722000281

Page 3 of 19 ends

Dollar Amount
$887,282.00
$2,661,847.00
$0.00
$0.00
$0.00
$3,549,129.00
No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Jennie Yee (},., A-•- o ft Jlp� 05/09/2022 $3,549,129.00 Accounting Officer Printed Ac4unting o6<'cer Date Amount Certified Name Signature

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 7 4 Ops. Cal. Atty. Gen. 10 (1991 ), and 88 Ops. Cal. Atty. Gen. 56.

CITY OF OXNARD
Attention: Kevin Thompson, Parks Manager
Phone Number: (805) 385-7951
Email: [email protected]
305 West Third Street, East Wing, 2nd Floor
Oxnard, California 93030
Agreement No. 32300195
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California Department of Transportation
District 07, Local Assistance
City of Oxnard
Agreement Number CCL-5129-106
AMS ADV ID: 0722000281

Page 4 of 19 ends

Attention: Tammi Altamirano, Clean California Grant Manager Phone Number: (213) 366-2601
Email: [email protected]
100 S. Main Street
Los Angeles, California 90012

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

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EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and KTU&A)

FEDERAL & STATE FUNDING - CALTRANS PROJECTS

The provisions of Exhibit E hereof are from the Caltrans Local Assistance Procedures Manual (“LAPM”) as Exhibit 10-R thereto dated September 2022. The provisions listed below are from Exhibit 10- R for which there is not a comparable provision otherwise in this Agreement. A complete copy of Exhibit 10- R can be found on the web at https://dot.ca.gov/programs/local-assistance/forms/local-assistance- procedures-manual-forms. Certain provisions of this Exhibit E only apply if the box immediately to the left of the Section is checked. If a box is to the left of any Section of this Agreement and it is not checked, the provision does not apply to this Agreement. If there is no check box provided, the provision applies to this Agreement. In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. For purposes of this Exhibit, the phrase “CONTRACT ADMINISTRATOR” shall be City’s Designated Representative as identified in Section 20 of this Agreement.

ARTICLE I - INTRODUCTION

A. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT.

CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

ARTICLE II - CONSULTANT’S REPORTS OR MEETINGS

schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III – STATEMENT OF WORK

☐ A. CONSULTANT Services
Landscape Design Services as outlined in Exhibit A

☐ B. Right of Way
☐ Right of Way requirements are to be determined and shown by CONSULTANT;
☐ Land surveys and computations with metes and bounds
descriptions are to be made; and,
☐ Right of Way parcel maps are to be furnished.

☐ C. Surveys
☐ CONSULTANT has the responsibility for performing
preliminary or construction surveys.

☐ D. Subsurface Investigations
CONSULTANT has responsibility for making
subsurface investigations. If borings or other
specialized services are to be made by others under
the supervision of CONSULTANT, appropriate
provisions are to be incorporated, including the
following ___________________________________.

Archaeological testing and data recovery guidance
can be found in the Standard Environmental
Reference.

E. CITY Obligations
All data applicable to the project and in possession of CITY, another agency, or government agency that are to
be made available to CONSULTANT are referred to in
the AGREEMENT. Any other assistance or services to
be furnished to CONSULTANT are to be stated clearly.

☐ F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed,
visits to the site, and inspection of the work by
representatives of the CITY, State, and/or FHWA. Costs
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incurred by CONSULTANT for meetings, subsequent to
the initial meeting shall be included in the fee.

☐ G. Checking Shop Drawings
This Agreement requires the preparation of construction drawings which must be checked. CONSULTANT
agrees that the payment for checking shop drawings by
CONSULTANT is included in the fee charged by
CONSULTANT under this AGREEMENT.

☐ H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the
course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together
with the method of payment for such services.

☐ I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that
CONSULTANT document the results of the work to the
satisfaction of CITY, and if applicable, the State and
FHWA. This may include preparation of progress and
final reports, plans, specifications and estimates, or
similar evidence of attainment of the AGREEMENT
objectives.

ARTICLE IV – PERFORMANCE PERIOD

None.

ARTICLE V – ALLOWABLE COSTS AND PAYMENTS

B. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.

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exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY approved overhead rate set forth in the approved Cost Proposal. In the event, CITY determines that changed work from that specified in the approved Cost Proposal and
AGREEMENT is required; the actual costs reimbursable by CITY may be adjusted by AGREEMENT amendment to accommodate
the changed work. The maximum total cost as specified in Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment.

C. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

D. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

E. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract
Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must
contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI
Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of
CONSULTANT’s work. Invoices shall be e-mailed to
[email protected]

F. The total amount payable by CITY including the fixed fee shall not exceed $269,883.

G. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

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ARTICLE VI – TERMINATION

None.

ARTICLE VII - COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

ARTICLE VIII RETENTION OF RECORD/AUDITS

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ARTICLE IX AUDIT REVIEW PROCEDURES

A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in
accordance with the terms of this AGREEMENT.

Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:

a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.

b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.

c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA- audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X – SUBCONTRACTING

A. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

B. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the
CONSULTANT by the CITY.

C. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

D. Prompt Progress Payment

CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

This clause applies to both DBE and non-DBE subconsultants.

E. Prompt Payment of Withheld Funds to Subconsultants

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The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

☐ Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are
prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant.

This clause applies to both DBE and non-DBE subconsultants.

☐ Method 2: No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant.

This clause applies to both DBE and non-DBE subconsultants.

☐ Method 3: The CITY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or
subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the CITY. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior Agreement No. 32300195
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written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII – STATE PREVAILING WAGE RATES

Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

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F. Penalty

Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

ARTICLE XIII – CONFLICT OF INTEREST

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV – REBATES, KICKBACK, OR OTHER UNLAWFUL CONSIDERATION

The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV – PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS

FOR LOBBYING

A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI – NON-DISCRIMINATION CLAUSE AND STATEMENT OF

COMPLIANCE

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

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of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII – DEBARMENT AND SUSPENSION CERTIFICATION

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

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will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

☐ ARTICLE XVIII – DISADVANTAGED BUSINESS ENTERPRISE (DBE)

PARTICIPATION

26.5, The CITY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

A list of DBEs certified by the CUCP can be found here.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
● 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
● 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.

This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall Agreement No. 32300195
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DBE goal.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal.

Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.

CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or,
(4) Disqualifying CONSULTANT from future proposing as non-responsible

authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good Agreement No. 32300195
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faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

Commercially Useful Function (CUF) when it is re sponsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies us ed on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10
th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F : Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

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M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX - INSURANCE

None.

ARTICLE XX – FUNDING REQUIREMENTS

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI – CHANGE IN TERMS

None.

ARTICLE XXII – CONTINGENCY FEE

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ARTICLE XXIII - DISPUTES

None.

ARTICLE XXIV - INSPECTION OF WORK

ARTICLE XXV – SAFETY

A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures.

CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI - OWNERSHIP OF DATA

belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

ARTICLE XXVII – CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR

None.

ARTICLE XXVIII – CONFIDENTIALITY OF DATA

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E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX – NATIONAL LABOR RELATIONS BOARD CERTIFICATION

ARTICLE XXX - EVALUATION OF CONSULTANT

ARTICLE XXXI - PROMPT PAYMENT FROM THE CITY TO CONSULTANT

1. Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a Agreement No. 32300195
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proper payment request.

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EXHIBIT F

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and KTU&A)

LIVING WAGE POLICY

C. If CONSULTANT fails to com pensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022

CONSULTANT shall compensate any employee of CONSULTANT
who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

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EXHIBIT G

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and KTU&A)

PREVAILING WAGE

1. CONSULTANT acknowledges that the Project defined in the Agreement between CONSULTANT and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONSULTANT shall perform the Project as a public work. CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

3. CONSULTANT is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

6. CONSULTANT shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq.

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concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship progr am. Within 60 days after concluding the Project, CONSULTANT and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

CONSULTANT shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work. CONSULTANT shall comply with and be bound by Labor Code Section 1810.

10. CONSULTANT shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours.

CONSULTANT shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by CONSULTANT’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of CONSULTANT under this Section shall survive Agreement termination.

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4

DATE: February 21, 2023

TO: Housing Authority

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

SUBJECT: Plaza Vista Apartments Drain Line and Electrical Panel Project.

RECOMMENDATION

That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize execution of the following firm-fixed price contracts:

1. Agreement number A-8512 in the amount of $267,472.92 with Oscalibur Plumbing, Inc to replace the plumbing drain line at the Plaza Vista public housing site using funds appropriated from the 2019 Capital Fund grant; and

2. Agreement number A-8510 in the amount of $341,857.79 to replace the main electrical panels at the Plaza Vista public housing site using funds appropriated from the 2019 Capital Fund grant.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0.)

BACKGROUND

The Plaza Vista public housing site is a seven-floor building built in 1966 with a total of fifty (50) apartment units which includes two (2) guest units. The Oxnard Housing Authority has begun replacing operating systems and remodeling the apartments based on funding availability and urgency of repairs needed. During the two most recent years, the number of emergency repairs due to the age and poor condition of the drain line system has nearly doubled. The drain lines are the sewer waste lines that run throughout the entire building. They are leaking in multiple areas, which are causing flooding of units. This issue not only jeopardizes the tenant’s personal belongings, but most importantly, water leaks create a safety hazard. Based on the number and scale of leaks and condition of the drain lines, their replacement is necessary.

In addition to the drain line system, the electrical panels and breakers manufactured by Zinsco and Federal Pacific need to be replaced. Although the panels are in proper working condition, the industry has moved away from panels manufactured by both companies because of potential safety hazards. Zinsco panels are no longer considered safe due to the type of aluminum used by the manufacturer which have been known to melt and fuse to the buss bar and issues with interior tripping mechanisms getting jammed. The Federal Pacific breakers have also shown problems with not tripping when an electric surge is detected, which could lead to a fire hazard. Therefore, it is recommended that the panels be replaced.

Both projects were planned for and included in the 2019 Capital Fund Program Five-Year Action Plan of the Housing Authority of the City of Oxnard.

ANALYSIS

The City of Oxnard and the Housing Authority of the City of Oxnard are members of Sourcewell (formerly known as the National Joint Powers Alliance), which competitively bids construction tasks with pre-set unit prices and specifications for general construction services including materials, equipment, and labor costs. The California Government Code 346
authorizes public agencies to participate in cooperative purchasing agreements like those established by Sourcewell, while still complying with the local procurement policies. This project is subject to wage requirements of the Davis- Bacon and Related Acts (29 CFR Part 5) and the Section 3 Act of 1968 (24 CFR Part 75).

The Housing Authority of the City of Oxnard engaged Gordian, which is a service consultant authorized by Sourcewell, to procure a plumbing contractor for the drain line project and a general contractor for the electrical panel project.

Agreement A-8512- Drain Line Project

Oscalibur Plumbing, Inc. submitted a proposal in the amount of $267,472.92. The proposed scope of work includes:

1. Demolition and removal of existing copper drainpipes for lavatory, toilet, bathtub, kitchen sink for 48 units, (the other 2 remaining units were recently updated)

2. Demolition and patching of drywalls used to access plumbing behind restrooms

3. Replacement of existing copper drain lines with polyvinyl chloride drain-waste-vents

4. Area of work will be cleaned daily and protected by plastic when in progress

5. Asbestos test will be performed

Agreement A-8510- Electrical Panel Project

MDJ Management, LLC submitted a proposal for the amount of $341, 857.79. The proposed scope of work includes:

1. Removal and replacement of existing 700-amp Federal Pacific main meter panel. Installation of Siemens switchboard meter, breakers, and 2 Siemens subpanels

2. Removal and replacement of existing 200-amp Federal Pacific subpanel. All new required breakers will be installed in each sub panel.

3. For floors 2 through 7, removal and replacement of existing breakers, switchgear and cabinets.

4. All 50 apartment units will have existing 70-amp Federal Pacific subpanels and individual breakers removed and replaced with new 100-amp Siemens panels. All new panels will also have new breakers installed.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT

The funding for this item will be from the Housing Authority Capital Fund Grant of 2019. The Capital Fund allocation to the Housing Authority of the City of Oxnard was $2,165,525. After deducting debt service, management fees and the cost of this agreement the remaining fund balance will be $66,291. There is no impact to any City Fund.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on January 24, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS
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1. Agreement Number A-8512

2. Agreement Number A-8510

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5

DATE: February 21, 2023

TO: City Council

FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected]

SUBJECT: Authorize the Programming of Additional Ongoing Funding for Park Maintenance Projects and the Approval of Two New One-Time Projects into Measure O.

RECOMMENDATION

That the City Council authorize the programming of the following additional ongoing funding for park maintenance projects and the approval of two new projects into Measure O:

1. Increase funding for existing Measure O project MO5701 (College Park Maintenance) from $838,524 annual budget by $27,000 to $865,524 annual budget and existing project MO5702 (East Village Park Operating Maintenance) from $91,301 annual budget by $3,000 to $94,301 annual budget;

2. Approve the following new Measure O project with associated one-time funding: Tier 2 Seismic Evaluation for the Performing Arts Center - $200,000; and

3. Approve the following new Measure O project with associated one-time funding: Facilities Assessment - $340,000.

(The Measure O Citizen Oversight Committee reviewed this item on January 26, 2023, and determined that it should proceed to Council).

BACKGROUND

As of January 10, 2023, Measure O funds a total of 41 active projects: 24 ongoing operational projects, 6 ongoing debt service items, and 11 one-time funded projects. Ongoing funded projects receive a specific amount of funds each fiscal year; if staff does not use all of the funding from that fiscal year, we cannot roll over unused funds to the following fiscal year. One-time funded projects receive the approved funding only once, and staff expends the funds throughout the course of the project, even if these funds roll over to the next fiscal year. Once the funds are depleted, that project receives no additional funding.

DISCUSSION

Proposed Additional Ongoing Funding for College Park Maintenance

College Park Maintenance (Measure O Project number MO5701) was approved by the City Council on November 15, 2011. Previously, the Council appropriated Measure O funding and completed park improvements; the current project is the ongoing maintenance and operations of that park, which currently has an annual budget of $838,524. East Village Park Operating Maintenance (Measure O Project number MO5702) was approved by the City Council on June 28, 2013.

At the time, the Council appropriated Measure O funding (plus additional Quimby fees) to build East Village Park; the current project is the ongoing maintenance and operations of that park, which has an annual budget of $91,301. The ongoing funding pays for five permanently assigned FTEs and all operating costs for these two parks.

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Currently, College Park Maintenance (MO5701) and East Village Park Operating Maintenance (MO5702) have been underfunded for many years. Additionally, post-pandemic inflation has significantly increased material costs, exacerbating the funding deficiency. An ongoing increase of $30,000 total to the annual maintenance budget of these two parks ($27,000 to College Park and $3,000 to East Village Park) would help remedy this and adequately maintain both parks for the high level of use that they receive. Below is a selection of commonly used supplies for the parks, including their prices in 2019 compared to 2023. All supplies are showing a substantial increase in cost due to inflation and supply chain difficulties.

Product
Name Size Date Cost Date Cost Cost
Increase % Increase
QC Pointer
Insecticide 4 oz 6/24/19 $245.44 1/3/23 $336.14 $90.70 36.95% Roundup
Custom
Herbicide

2.5 gal 5/18/21 $63.85 1/3/23 $161.16 $97.31 152.40%
Shepard
Fungicide
QC
4 oz 5/20/20 $210.05 1/3/23 $230.64 $20.59 9.80%
Soil
amendment Cubic yard 4/8/22 $28.01 11/29/22 $35.95 $7.94 28.35%

Proposed New One-Time Project: Tier 2 Seismic Evaluation for the Performing Arts Center

The Performing Arts Center was designed in 1966 and has a total exhibit space of over 18,000 square feet. No significant seismic or strengthening improvements have been performed since its construction in 1968. Given the age of the structure and changes to building codes over the last 55 years, the City needs to perform a seismic evaluation of the existing structure to establish a probable level of damage that would occur during a seismic event and possible deficiencies in the existing structure. A Tier 1 field investigation and screening has already been performed for $48,160. A further Tier-2 evaluation is a deficiency-based evaluation that includes an analysis of all of the potential deficiencies identified in the Tier 1 screening. The total estimated project cost is $200,000 and would be expended in Fiscal Years 2023/24 and 2024/25.

Proposed New One-Time Project: Facilities Assessment

The City is responsible for 116 buildings that are managed by the Facilities Division of the Public Works Department.

Most of these buildings have been impacted by long-term deferred capital improvements for systems such as HVAC, roofing, structural, electrical and plumbing. Unfortunately, the City does not have a comprehensive inventory of building assets nor a condition assessment of each asset. Therefore, the City needs specialized consulting services to develop a gap assessment management program for Public Works to identify the current life cycle stages of critical facilities and infrastructure. This will help reduce the deferred maintenance, establish best practices, and prioritize the capital improvement needs with cost estimates to be included in the City’s five-year Capital Improvements Program. The project would total $340,000 over the span of four fiscal years, with the following annual estimates: $160,000 in the remaining 6 months of FY2022-23, $100,000 in FY2023-24, $40,000 in FY2024-25, and $40,000 in FY2025-26. The actual annual costs will be based on the Consultant’s project schedule and actual task delivery. However, the total contract will not exceed $340,000.

The contract would cover an assessment of 41 of the City’s 116 buildings due to anticipated time constraints of possible vendors. The City’s entire inventory will need to be assessed in stages. Assessing 41 buildings will likely take over three years and is a realistic amount to include in an initial multi-year contract. The 41 buildings selected for assessment will be the most high-traffic and vitally used buildings.

STRATEGIC PRIORITIES

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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.

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 combined cost to Measure O for (1) the park maintenance projects increased funding and (2) two new projects is $570,000. No existing Measure O projects will be removed or reduced; the $570,000 is available for programming due to both the adopted budget’s Seven Year Weaning Schedule and projected revenue during the COVID-19 pandemic exceeding expectations.

Sales tax revenues collected during the pandemic came in higher than anticipated, providing more available funds for Measure O programming than previously anticipated. Additionally, the Seven-Year Weaning Schedule was recommended by the Oversight Committee at the April 28, 2022 meeting and adopted by the Council at the June 7, 2022 meeting. In FY 2022-23, $4.8 million was transferred to the General Fund. Several one-time initiatives/expenditures were added into Measure O for FY 2022/23, including citywide alleyway resurfacing, Fire Station 8 lease debt, a technology equipment upgrade and a library technology infrastructure refresh. Enough remains in Measure O to fund the proposed increase and two new projects.

Measure O’s ending fund balance at June 30, 2022, was $11.9 million. The projected ending fund balance at June 30, 2023, is $13.4 million.

COMMITTEE OUTCOME

The Measure O Citizen Oversight Committee reviewed this item on January 26, 2023, provided feedback and determined that it should proceed to Council.

Prepared by: Annie Jensen, Project Manager

ATTACHMENTS
None

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.6

DATE: February 21, 2023

TO: City Council

FROM: Phillip Molina, City Treasurer, (805) 385-7808, [email protected]

SUBJECT: General Banking Services Agreement.

RECOMMENDATION

That the City Council receive and file the agreement with Bank of America in an estimated amount of $500,000 for an initial term of 3 years with an option to renew for 5 one-year periods.

(Finance and Governance Committee approved 3-0.)

BACKGROUND

The City Treasurer, assisted by City staff from Finance, Information Technology (IT), Human Resources (HR), and Billing and Licensing developed a Request for Proposal (RFP) for Banking Services. Proposals were emailed to multiple banking institutions and solicited on Public Purchase, the City’s solicitation portal. Bids were received from Bank of America and Bank of the West. Through a formal evaluation process with criteria set forth in the RFP, Bank of America was deemed as the best value to the City.

The City Treasurer complied with California Government Code Sections 53630-53686 and the City of Oxnard’s Purchasing policies and wants to inform the Council and the public that best practices were followed.

DISCUSSION

State law authorizes a city treasurer to enter into contracts with depositories for services to be rendered by the depository to the agency. The proposals were written to include services such as banking services, lockbox services, sweep transactions, armored guard pickup services, etc. The question that came to mind was whether each separate activity might be best organized in such a way that a mixture of providers could result in better services with lower costs. With that in mind, the RFP was written so that we could pick from the list of services that would be most advantageous for the City.

Many requests for proposals were issued. The City received two proposals from Bank of America and Bank of the West.

The two finalists were very qualified, very competitive and familiar with the government cash management processes.

Bank of America was chosen through an evaluation process that included a panel of city staff from various departments.

City staff gained knowledge from the analysis and verification of competitive pricing. Should the City change banking institutions, the implementation period is approximately between 30-45 days (or more) and would incur additional costs including staff resources.

Bank of America will provide for a continuing Sweep account using a DDA (direct deposit account) 110% collateralized bank account.

STRATEGIC PRIORITIES

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This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The 3-year banking services contract, based on historical bank fees and projected volume, is estimated to cost $500,000. However, there is a possibility for this amount to be higher or lower. An Earned Credit Rate (ECR) of 2% will be applied to balances kept in eligible Bank of America deposit accounts. The resulting Earnings Credit Allowance (ECA) can be used to cover the costs or fees incurred from the bank. The ECA is calculated monthly and depending on the balance kept in these accounts, can reduce the amount paid for services and transaction fees. The ECA was considered when estimating the value of the general banking services agreement.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on January 10, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Phillip Molina, City Treasurer

ATTACHMENTS

1. Agreement for Government Banking Services

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AGREEMENT FOR GOVERNMENT BANKING SERVICES

This Agreement for Government Banking Services (the “Agreement”) is dated as of January 1, 2023 (the “Effective Date”), by and between Bank of America, N.A., a national banking association (“Bank”) and the City of Oxnard (“City” or “Client”).

WHEREAS, City issued a Solicitation for Banking Services on or about September 27, 2022, more fully identified as RFP #23-22 (the “RFP”) for the procurement of various treasury services as outlined therein (collectively, the “Services”); and

WHEREAS, Bank was the successful and awarded bidder for the Services under the RFP, having submitted its proposal to the City on or before November 9, 2022 (the “Proposal”); and

WHEREAS, the City previously executed that certain Authorization and Agreement for Treasury Services Terms and Conditions Booklet dated as of October 5, 2016 (the “T&C Booklet”) pursuant to which Bank has previously provisioned various treasury services to the City; and

WHEREAS, pursuant to the laws of the State of California, as applicable, the City wishes to procure such Services from Bank on basis of the RFP and the Proposal, subject to and as modified by the terms herein and Exhibit A attached hereto and made a part hereof; and

WHEREAS, the City and Bank wish to enter into this Agreement for the purpose of specifying the final terms and constituent documents of the full agreement regarding the Services.

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, the City and Bank each hereby agree as follows:

1. Integrated Agreement. The entire and final integrated agreement between the City and Bank related to the Services shall consist of the following documents: (i) this Agreement, including the schedule of fees as provided in Exhibit A; (ii) the T&C Booklet, including Bank’s relevant user documentation and set-up forms in connection with the Services referenced therein, as applicable; (iii) the Bank’s Proposal; and (iv) the City’s RFP. In the event of conflict among the foregoing documents, such conflict shall be resolved by giving precedence first to this Agreement, then to the RFP as modified by the Proposal, and finally to the T&C Booklet. This integrated agreement supersedes all prior negotiations, representations, statements and agreements between Bank and the City, whether written or oral, regarding the Services.

2. Commencement of Performance. Except as may be otherwise agreed, Bank shall continue and/or begin performing the Services upon the City’s execution and delivery of this Agreement and any related set-up forms, as applicable. Bank shall continue to perform the Services during the term of this Agreement in accordance with the terms hereof.

3. Term . The initial term of this Agreement shall begin as of the Effective Date and continue for three (3) years. This Agreement may be further extended or renewed upon mutual consent of the Bank and Client for up to five (5) additional periods of one (1) year each, or for such other period lengths and terms as the Bank and Client may further mutually agree in writing.

4. Failure to Perform/Cure. If Bank materially breaches any requirements of this Agreement, the City may issue a written notice to Bank that outlines the remedial action requested to cure such breach and bring Bank into material conformance with this Agreement. If such remedial action is not completed to the satisfaction of the City within ten (10) business days from Bank’s receipt of such notice, the City may issue a second written notice to Bank of such material breach. If Bank does not take satisfactory action within five (5) business days of the date of Bank’s receipt of the second written notice, then the City may terminate this Agreement effective immediately or upon such future date as the City may determine for such termination. Failure by the City to issue such notices or to Agreement No. 32300213
379
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 2 of 16 terminate this Agreement in a particular instance does not waive any of City’s rights to issue subsequent notices.

5. Mutual Non-Indemnity. Notwithstanding anything to the contrary herein or in any of the constituent documents of the integrated agreement provided in Section 1 above, to the fullest extent permitted by applicable law, the City and Bank agree to a position of mutual non-indemnification of the other.

For avoidance of doubt, the foregoing means that neither the City nor Bank shall bear responsibility to the other under this Agreement for any legal claims brought by third parties other than the City and Bank, or for any costs associated with or resulting from such legal claims.

6. Governing Law. Notwithstanding anything to the contrary herein or in any of the constituent documents of the integrated agreement provided in Section 1 above, the City and Bank agree that the construction and interpretation of this Agreement, and all rights and duties of the City and Bank hereunder, shall be governed by U.S. federal law and then the laws of the State of California, as applicable. Any legal action by the Bank against the City shall be brought in any court of competent jurisdiction with respect to Ventura County, California.

7. Notices. Except as may otherwise be specified in any applicable set-up forms or agreed to in writing by the City and Bank, notices to the City and Bank regarding this Agreement shall be sent to the respective addresses set forth below. Changes in the address set forth below may be made from time to time by either party upon written notice to the other party.

City: City of Oxnard
Attn: City Treasurer
300 Third Street, 2nd Floor
Oxnard, California 93030

Bank: Bank of America, N.A.

Attn: Public Sector Banking
333 South Hope Street, 38th Floor, Suite 3820
Los Angeles, California 90071

8. Authority. The City and Bank each represents and warrants that this Agreement has been duly authorized by all necessary action and is binding on such party in accordance with its terms herein.

9. Counterparts; Electronic Transmission and Signature. The City and Bank agree that this Agreement may be transmitted and signed by electronic or digital means by either/any or both/all parties and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument.

IN WITNESS WHEREOF, the City and Bank have executed this Agreement for Government Banking Services effective as of the date first written above.

CITY OF OXNARD

BANK OF AMERICA, N.A.

By: By:

Name: Name: David Randolph
Title: Title: SVP; Sr. Client Manager
Date: Date: 12/28/2022
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Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 3 of 16 Client - ATTEST
By:

Name:

Title:

Date:

Client - Approved as to FORM:

By:

Name:

Title:

Date:

Client – Approved as to CONTENT:

By:

Name:

Title:

Date:

Client - Approved as to AMOUNT:

By:

Name:

Title:

Date:

Client - Approved as to INSURANCE
By:

Name:

Title:

Date:
381
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 4 of 16

EXHIBIT A

 Earnings Credit Rate (ECR): the Earnings Credit Rate on the City’s applicable balances shall be set at 2.0% as of the Effective Date. This is a Bank-managed rate, not a fixed rate, and as such the ECR is subject to change by the Bank at any time, depending upon market conditions.

 Schedule of Fees / Pro-Forma Analysis Statement: See Attached.

382
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 5 of 16 AFP
Code
Service Code
Description Frequency Price Definition
010000 ACCOUNT

MAINTENANCE

PER ACCOUNT / PER
MONTH

5.0000 THE PER ACCOUNT MONTHLY SERVICE

CHARGE FOR MAINTAINING AN
ANALYZED ACCOUNT.
251050 ACH BLOCKS AUTH

ADD-CHANGE
PER ADD/CHANGE 1.0000 THE CHARGE TO ADD OR CHANGE

AUTHORIZED TRADING PARTNER
INFORMATION. APPLICABLE TO

ACCOUNTS ON THE ACH POSITIVE PAY

SERVICE, BLOCKS AND/OR
AUTHORIZATIONS SERVICES.
250150 ACH BLOCKS AUTH

INSTRUCTIONS

PER BLOCK AND PER
FILTER

0.7500 THE CHARGE PER INSTRUCTION ON

FILE TO ALLOW SELECTED ACH

CREDITS AND/OR DEBITS TO POST TO A
CORPORATE ACCOUNT. THIS FEE IS

APPLIED TO EACH BLOCK, WHICH IS AN
INSTRUCTION. THIS FEE IS APPLIED TO

EACH AUTHORIZATION, WHICH IS AN
INSTRUCTION. APPLICABLE TO

ACCOUNTS ON THE ACH POSITIVE PAY

SERVICE, BLOCKS AND/OR
AUTHORIZATIONS SERVICES.
251050 ACH BLOCKS AUTH

MAINTENANCE
PER ACCOUNT 1.0000 THE CHARGE TO MAINTAIN BLOCKS

AND AUTHORIZATION INFORMATION ON
THE ACH SYSTEMS. APPLICABLE TO

ACH BLOCK AND AUTHORIZATION
SERVICE. NOT APPLICABLE TO

ACCOUNTS ON ACH POSITIVE PAY
SERVICE.
250201 ACH CREDIT

RECEIVED ITEM
PER ITEM 0.1000 PER ITEM FEE, CHARGED TO THE

RECEIVER FOR PROCESSING AN ACH

ITEM OR AN ACH SETTLEMENT ENTRY

DESTINED FOR POSTING TO A DDA
ACCOUNT. THIS FEE IS IN ADDITION TO

THE PER ITEM FEE APPLIED BY DDA

FOR POSTING AN ELECTRONIC ITEM TO
A DDA ACCOUNT.
250200 ACH DEBIT RECEIVED
ITEM
PER ITEM 0.0100 PER ITEM FEE, CHARGED TO THE

RECEIVER FOR PROCESSING AN ACH

ITEM OR AN ACH SETTLEMENT ENTRY

DESTINED FOR POSTING TO A DDA
ACCOUNT. THIS FEE IS IN ADDITION TO

THE PER ITEM FEE APPLIED BY DDA

FOR POSTING AN ELECTRONIC ITEM TO
A DDA ACCOUNT.
250640 ACH DELETE-

REVERSAL
PER ITEM 20.0000 PER ITEM CHARGE TO DELETE OR

REVERSE AN ACH ITEM PREVIOUSLY
ORIGINATED BY THE CLIENT.
250501 ACH INPUT-FILE PER FILE 3.0000 PER FILE FEE TO PROCESS ACH ITEMS

THAT ARE DELIVERED TO BANK OF
AMERICA VIA A DATA TRANSMISSION.
250102 ACH LV OFF US
ITEMS
PER ITEM 0.7500 PER ITEM FEE TO ORIGINATE AN ACH

ITEM WHICH IS DESTINED FOR AN

ACCOUNT HOLDER AT ANOTHER
FINANCIAL INSTITUTION.
250102 ACH LV ON US ITEMS PER ITEM 0.7500 PER ITEM FEE TO ORIGINATE AN ACH

ITEM WHICH IS DESTINED FOR

ANOTHER BANK OF AMERICA ACCOUNT
HOLDER.
250000 ACH LV-MONTHLY

MAINTENANCE

PER ACH COMPANY

ID, PER MONTH

4.0000 A MONTHLY FEE TO MAINTAIN ONE ACH

COMPANY ID THE ACH SYSTEM WHEN

THE ACH COMPANY ID HAS BEEN SET
UP ON THE LOW VOLUME PRICE PLAN.

THE LOW VOLUME MONTHLY

MAINTENANCE FEE APPLIES TO

CLIENTS THAT DELIVER A FILE TO THE

BANK VIA CASHPRO ACH OR A PAYROLL
VENDOR.
383
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 6 of 16 250000 ACH MONTHLY

MAINTENANCE

PER ACH COMPANY

ID, PER MONTH

10.0000 MONTHLY FEE TO MAINTAIN A
COMPANY ID ON THE ACH SYSTEM.
251070 ACH NOTIF OF

CHANGE (NOC)
PER ITEM 0.5000 PER ITEM FEE FOR AN ACH

NOTIFICATION OF CHANGE (NOC) ITEM

SENT BY THE RECEIVER'S FINANCIAL

INSTITUTION TO NOTIFY THE

ORIGINATOR THAT THE INFORMATION

ON AN ACH TRANSACTION IS

ERRONEOUS OR HAS BECOME
OUTDATED.
250101 ACH OFF US CREDITS PER ITEM 0.0100 PER ITEM FEE TO ORIGINATE A

FUTURE-DATED ACH ITEM WHICH IS

DESTINED FOR AN ACCOUNT HOLDER
AT ANOTHER FINANCIAL INSTITUTION.
250100 ACH OFF US DEBITS PER ITEM 0.0200 PER ITEM FEE TO ORIGINATE A

FUTURE-DATED ACH ITEM WHICH IS

DESTINED FOR AN ACCOUNT HOLDER
AT ANOTHER FINANCIAL INSTITUTION.
250101 ACH ON US CREDITS PER ITEM 0.0100 PER ITEM FEE TO ORIGINATE A

FUTURE-DATED ACH ITEM WHICH IS

DESTINED FOR ANOTHER BANK OF
AMERICA ACCOUNT HOLDER.
250100 ACH ON US DEBITS PER ITEM 0.0100 PER ITEM FEE TO ORIGINATE A

FUTURE-DATED ACH ITEM WHICH IS

DESTINED FOR ANOTHER BANK OF
AMERICA ACCOUNT HOLDER.
250120 ACH ORIGINATED

ADDENDA

PER ADDENDA
RECORD

0.0200 PER ITEM FEE TO ORIGINATE ADDENDA

RECORDS ACCOMPANYING AN ACH
ITEM. AN ADDENDUM RECORD IS AN

OPTIONAL ACH RECORD TYPE THAT

CARRIES SUPPLEMENTAL DATA

NEEDED TO IDENTIFY AN ACCOUNT

HOLDER OR PROVIDE ADDITIONAL
INFORMATION CONCERNING THE ITEM.
250400 ACH REPORTS-

ELECTRONIC
PER REPORT 1.0000 A PER REPORT CHARGE TO DELIVER AN

OPTIONAL OR STANDARD ACH REPORT

ELECTRONICALLY, INCLUDING VIA

ECHANNEL, TRANSMISSION AND OTHER
ELECTRONIC DELIVERY METHODS.
250302 ACH RETURN ITEM PER ITEM 0.7500 PER ITEM FEE TO PROCESS AN ACH

RETURNED ITEM PREVIOUSLY
ORIGINATED BY THE CLIENT.
251000 ACH SETUP PER COMPANY ID 250.0000 ONE TIME FEE FOR THE INITIAL SET UP

OF A SINGLE COMPANY ID FOR A
CLIENT TO ORIGINATE ACH.
159999 ARP AUTO CHECK

RETURN MAINT
PER MONTH 10.0000 MONTHLY MAINTENANCE CHARGE FOR
ARP AUTO CHECK RETURN SERVICE.

THIS ENABLES CLIENTS WHO HAVE

DEPOSITORY ACCOUNTS OR

ACCOUNTS DEDICATED TO

ELECTRONIC PAYMENTS TO

AUTOMATICALLY RETURN ALL CHECK

TRANSACTIONS POSTED TO THE
CLIENT'S ACCOUNT.
200309 ARP OUTPUT

PROCESSING PER
ITEM
PER ITEM 0.0000 THIS SERVICE IS NO LONGER ACTIVELY
SOLD. PER ITEM CHARGE FOR THE

PROCESSING OF AN OUTPUT FILE FOR
FULL AND PARTIAL RECON SERVICES.
200120 ARP PARTIAL PPAY
ITEM
PER CHECK PAID 0.0150 THE PER PAID ITEM CHARGE FOR

PROVIDING POSITIVE PAY WITH
PARTIAL RECONCILIATION SERVICE.
200020 ARP PARTIAL PPAY

MAINT-SUPP

PER CYCLE/PER

ACCOUNT

15.0000 MONTHLY PER CYCLE/PER ACCOUNT

MAINTENANCE CHARGE FOR THE

PARTIAL RECONCILIATION SERVICE

WITH POSITIVE PAY WHERE THE CLIENT

DOES NOT RECEIVE THE PAPER
REPORTS.
384
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 7 of 16 150322 ARP POSITIVE PAY

RETURN-OTHER
PER ITEM 10.0000 PER ITEM CHARGE FOR THE RETURN

OF PPY EXCEPTION ITEMS FOR A
REASON OTHER THAN FRAUD.

DEFAULT RETURN DECISIONS
INCLUDED.
159999 ARP PPAY INPUT

FILE-TRANS
PER FILE 0.8000 THE PER FILE CHARGE FOR

SUBMITTING CHECK ISSUE

INFORMATION VIA TRANSMISSION FOR

ACCOUNTS WITHOUT ANY
RECONCILIATION SERVICES.(TRACKING
CODE)
150030 ARP PPAY MAINT-NO
RECON

PER MONTH/PER

ACCOUNT

12.0000 THE PER MONTH PER ACCOUNT

CHARGE FOR PROVIDING THE POSITIVE
PAY SERVICE. CUSTOMER PROVIDES

BANK WITH CHECK ISSUE INFORMATION

BUT HAS NO OTHER RECONCILIATION
SERVICE(S).
151099 ARP PPAY NO RECON

INPUT ITEM
PER ISSUE INPUT 0.0200 THE PER ISSUE ITEM CHARGE FOR

PROVIDING POSITIVE PAY SERVICES
WITH NO RECONCILIATION.
200301 ARP RECON OUTPUT
FILE
PER FILE 5.0000 THE PER FILE CHARGE FOR PROVIDING

A RECONCILIATION OUTPUT FILE

WHETHER GENERATED DAILY, END OF
MONTH, OR ANY OTHER FREQUENCY.
200325 ARP REPORTS ADDL

DUP ANCILLARY

PER ACCOUNT/PER
REPORT

7.5000 THE PER ACCOUNT/REPORT CHARGE

FOR ACCOUNTS RECEIVING

ADDITIONAL/DUPLICATE END OF CYCLE

REPORTS AND/OR AR ANCILLARY

REPORTS (AR DAILY ADJUSTMENT AND

AR OUTSTANDING ISSUE REPORT
ONLINE).
200209 ARP VOID CANCEL
ITEMS
PER CANCEL 0.0300 THE PER CANCEL CHARGE FOR

SUBMITTING CANCELS VIA

TRANSMISSION, CASHPRO OR

CASHPRO CHECK ISSUES AND
CANCELS API.
450020 AUTO MUTUAL FUND

INVESTMENT
PER MONTH 75.0000 THE MONTHLY FEE CHARGED TO A

CLIENT USING THE AIS SWEEP MUTUAL
FUND ADVISER M SERVICE. THIS FEE

ALSO APPLIES TO THE MASTER

ACCOUNT IN AN AIS MULTI-ACCOUNT
ADVISER M SWEEP RELATIONSHIP.
100000 BANKING CENTER

DEPOSIT
PER DEPOSIT 5.7500 THE FEE FOR PRESENTING A DEPOSIT

TO A TELLER IN A BANKING CENTER

FOR CREDIT TO THE ACCOUNT AND

IMMEDIATE VERIFICATION OF THE CASH
PORTION OF THE DEPOSIT. THIS FEE IS
APPLIED PER DEPOSIT.
350320 BOOK CREDIT PER ITEM 0.0000 THE RECEIPT OF A TRANSFER TO A

CLIENT'S ACCOUNT FROM ANOTHER

BANK OF AMERICA ACCOUNT NOT IN
THE SAME CLIENT RELATIONSHIP.
350120 CASHPRO ACCOUNT

TRANSFER
PER TRANSACTION 2.0000 CHARGE TO INITIATE A TRANSFER

BETWEEN TWO BANK OF AMERICA

ACCOUNTS FOR THE SAME CLIENT VIA
CASHPRO.
200305 CASHPRO ARP

REPORTS

PER MONTH/PER

ACCOUNT

15.0000 THE PER MONTH PER ACCOUNT

CHARGE FOR ANY/ALL RECONCILIATION

REPORTS PASSED TO CASHPRO,
STANDARD & OPTIONAL RPT WITH A 24
MONTH RETENTION. THIS INCLUDES

ALL STANDARD AND OPTIONAL END OF

CYCLE REPORTS AND THE DAILY PAID
REPORT.
350000 CASHPRO GP ACCTS

ENTITLED

0.0000 A BUNDLED FEE USED FOR BUNDLED

ACCOUNT AND/OR PER ITEM FEES FOR

CUSTOM AND DEFENSIVE PRICING
SCENARIOS. NOT INTENDED FOR
BROAD USE.
385
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 8 of 16 350599 CASHPRO GP CUST

MNT TMPLT STRG
PER ITEM 0.5000 STORAGE OF A CASHPRO ONLINE WIRE
PAYMENT TEMPLATE.
151350 CASHPRO IMAGE

SUBSCRIPTION

PER ACCOUNT / PER
MONTH

0.4500 PER ACCOUNT PER MONTH

MAINTENANCE FEE FOR CASHPRO
IMAGE SUBSCRIPTION.
400055 CASHPRO ONLINE

CDR ACCOUNT

PER ACCOUNT / PER
MONTH

40.0000 MONTHLY MAINTENANCE CHARGE FOR

EACH BOA OR MULTIBANK(DOMESTIC

OR INTERNATIONAL ) REPORTING

ACCOUNT ENTITLED TO CDR THROUGH
CASHPRO ONLINE. PER ACCOUNT, PER
MONTH.
400275 CASHPRO ONLINE

CDR ITEM
PER ITEM 0.1000 PER ITEM CHARGE FOR ONE TIME LOAD

OF CURRENT DAY SUMMARY & DETAIL

ITEMS FOR USE ON CASHPRO ONLINE
REPORTING. 24 MONTH STORAGE.

NOTE: ALL SUMMARY BALANCES WILL

BE CHARGED (ZERO AND NON-ZERO)
(EX.LEDGER BALANCE, COLLECTED
BALANCE, 1 DAY FLOAT ETC) NO

CHARGE FOR ZERO DOLLAR SUMMARY
TOTAL FIELDS (EXAMPLE: TOTAL
DEBITS, TOTAL ACH CREDITS ETC.).

NOTE: ON AVERAGE A CLIENT MIGHT
HAVE 10-15 SUMMARY FIELDS PER
ACCOUNT PER DAY. THIS CHARGE IS

FOR BOTH BOA AND MULTIBANK
ACCOUNTS.
151351 CASHPRO ONLINE

IMAGE RETRIEVAL
PER ITEM 0.0000 CHARGE IF CLIENTS VIEWS A SINGLE

IMAGE OR PRINTING THE IMAGE LIST
VIEW WITHIN CHECK MANAGEMENT.

WHEN PRINTING LIST VIEW FEE
ASSESSED FOR EACH IMAGE PRINTED.
(NO CHARGE WHEN REVIEWING
POSITIVE PAY ITEMS).
400052 CASHPRO ONLINE

PDR ACCOUNT

PER ACCOUNT / PER
MONTH

15.5000 MONTHLY MAINTENANCE CHARGE FOR

EACH BOA OR MULTIBANK(DOMESTIC

OR INTERNATIONAL ) REPORTING

ACCOUNT ENTITLED TO PDR THROUGH
CASHPRO ONLINE. PER ACCOUNT, PER
MONTH.
400272 CASHPRO ONLINE

PDR ITEM
PER ITEM STORED 0.0300 PER ITEM CHARGE FOR ONE TIME LOAD

OF PREVIOUS DAY SUMMARY & DETAIL

ITEMS FOR USE ON CASHPRO ONLINE
REPORTING. 24 MONTH STORAGE.

NOTE: ALL SUMMARY BALANCES WILL

BE CHARGED (ZERO AND NON-ZERO)
(EX.LEDGER BALANCE, COLLECTED
BALANCE, 1 DAY FLOAT ETC) NO

CHARGE FOR ZERO DOLLAR SUMMARY
TOTAL FIELDS (EXAMPLE: TOTAL
DEBITS, TOTAL ACH CREDITS ETC.).

NOTE: ON AVERAGE A CLIENT MIGHT
HAVE 10-15 SUMMARY FIELDS PER
ACCOUNT PER DAY. THIS CHARGE IS

FOR BOTH BOA AND MULTIBANK
ACCOUNTS.
400340 CASHPRO ONLINE

RESEARCH ITEM
PER ITEM 0.0200 CASHPRO PREMIUM PACKAGE.

INFORMATION REPORTING SERVICES.

RESEARCH ITEM. PER ITEM RETRIEVED.
386
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 9 of 16 400299 CASHPRO ONLINE

SUBSCRIPTION
PER ID/ PER MONTH 50.0000 CASHPRO ONLINE PORTAL FEE;

CHARGED FOR HAVING ACCESS TO

CASHPRO ONLINE, IF THE ID HAS ONE

OR MORE TREASURY APPS (ACH, ACH

PPY, BILLPAY, GLOBAL PAYMENTS,

PDR/CDR, RECEIVABLES) AND IS SETUP
WITH COMMERCIAL OR LG. CORPORATE

SEGMENT & STANDARD PRICE PLAN IN
CP TOOL. WITH CASHPRO ONLINE

ACCESS CLIENTS WILL HAVE

COMPLIMENTARY ACCESS TO APIS,

ALERTS, AND THE CASHPRO APP FOR

THE PRODUCTS THEY ARE ENTITLED
TO. NOTE: SERVICE CODE 1720 ALSO

APPLIES IF CLIENT HAS PDR AND/OR
CDR.
400299 CASHPRO REPORT

EMAIL SCHEDULED
PER EMAIL 0.0000 A PER NOTIFICATION CHARGE FOR A

USER SCHEDULED SUMMARY LEVEL

EMAIL NOTIFICATION VIA THE CASHPRO
PREMIUM PACKAGE SERVICE.
400299 CASHPRO

REPORTING

SUBSCRIPTION

PER CO ID / PER
MONTH

20.0000 CASHPRO REPORTING MONTHLY
MAINTENANCE. MONTHLY CHARGED

FOR HAVING ACCESS TO INFORMATION

REPORTING APPLICATION WHEN

COMPANY IS ENTITLED TO PDR AND/OR
CDR. INCLUDES 24 MONTH DATA

RETENTION FOR REPORTS, ACCESS TO

REPORTING APIS AND ALERTS,
CASHPRO FORECASTING AND MORE.
100040 CHANGE ORDER BKG
CTR
PER ORDER 13.1100 THE FEE FOR RECEIVING AND

PROCESSING A REQUEST FOR COIN

AND/OR CURRENCY IN A BANKING

CENTER OR AUTOMATED BUSINESS
CENTER. THE FEE IS APPLIED PER
EACH CHANGE ORDER PROCESSED.
100141 CHANGE ORDER-

AUTO OR STNDG-VLT
PER ORDER 6.0000 THE FEE FOR RECEIVING AND

PROCESSING A REQUEST FOR COIN

AND/OR CURRENCY IN A CASH VAULT

RECEIVED VIA A STANDING ORDER OR
AN AUTOMATED CHANNEL. THIS FEE IS

APPLIED FOR EACH CHANGE ORDER
PROCESSED.
100200 CHECK DEPOSIT-ICL
or RDSO
PER DEPOSIT 0.4500 RECEIPT OF A TRANSMISSION WHICH

CONTAINS A DEPOSIT OF AN IMAGE
CASH LETTER.
10022Z CHECKS DEPOSITED-

BKG CENTER
PER ITEM 0.2000 PAPER CHECK DEPOSITS MADE IN
BANKING CENTER.
10022Z CHECKS DEPOSITED-

CASH VAULT
PER ITEM 0.2000 PAPER CHECK DEPOSITS MADE
THROUGH CASH VAULTS.
10022Z CHECKS DEPOSITED-

LOCKBOX
PER ITEM 0.0800 CHECKS DEPOSITED THROUGH
LOCKBOX.
10022Z CKS DEP UN-

ENCODED ITEMS
PER ITEM 0.1950 TRANSACTIONAL CHARGE FOR
PROCESSING UNENCODED CHECKS.
100111 COIN DEPOSIT-NON

STD BAG-VLT
PER BAG 7.0000 THE FEE TO DEPOSIT BAGS OF LOOSE

COIN IN LESS THAN FEDERAL RESERVE

STANDARD AMOUNTS OR MIXED

DENOMINATION DELIVERED DIRECTLY
TO A CASH VAULT. THIS FEE IS APPLIED
PER BAG.
100199 COIN DEPOSIT-ROLL-
VLT

PER ROLL

DEPOSITED

0.2000 THE FEE TO DEPOSIT ROLLS OF COIN
DELIVERED TO A CASH VAULT. THIS
FEE IS APPLIED PER ROLL. FOR BULK

COIN DEPOSITS THIS FEE IS IN
ADDITION TO THE PER BAG FEE.
100044 COIN SUPP ROLL-

BKG CTR
PER ROLL 0.2500 THE PER ROLL FEE FOR SUPPLYING

ROLLS OF COIN OF ANY DENOMINATION
FROM A BANKING CENTER.
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Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 10 of 16 100146 COIN SUPP ROLL-

BOX-VLT
PER ROLL 0.0800 THE FEE FOR SUPPLYING A STANDARD

BOX OF ROLLED COIN FROM A CASH
VAULT. A STANDARD BOX MAY CONTAIN
25 OR 50 ROLLS, DEPENDING ON
DENOMINATION REQUESTED. THE FEE

IS APPLIED PER ROLL CONTAINED IN
BOX(ES) SUPPLIED.
100144 COIN SUPP ROLL-VLT PER ROLL 0.1200 THE FEE FOR SUPPLYING INDIVIDUAL ROLLS OF COIN FROM A CASH VAULT.

THE FEE IS APPLIED PER ROLL
SUPPLIED.
010101 CREDITS POSTED-
OTHER
PER ITEM 0.0100 PER ITEM FEE CHARGED TO THE

RECEIVER FOR POSTING AN
ELECTRONIC ITEM TO A DDA ACCOUNT.
100102 CURR DEPOSITED-

PER NOTE-VLT
PER NOTE 0.0408 THE FEE FOR PROCESSING THE CASH

PORTION OF A DEPOSIT DELIVERED

DIRECTLY TO A CASH VAULT BY
CLIENT'S ARMORED CARRIER. THE FEE
IS APPLIED TO EACH NOTE DEPOSITED.
100049 CURR SUPP $100-

BKG CTR
PER $100 0.2500 THE FEE FOR PROVIDING CURRENCY

REQUESTED FROM THE BANKING

CENTER OR AUTOMATED BUSINESS
CENTER . THE FEE IS APPLIED TO EACH
$100 REQUESTED.
100148 CURR SUPP-$100-

NONSTD-VLT
PER $100 0.1200 THE FEE FOR SUPPLYING CURRENCY IN
NON-STANDARD STRAP AMOUNTS (I.E.,
LESS THAT 100 NOTES OF THE SAME
DENOMINATION) FROM A CASH VAULT.

THE FEE IS APPLIED TO EACH $100

SUPPLIED (ANY PARTIAL STRAP

RESULTS IN ENTIRE ORDER BEING
TREATED AS NONSTD.
10014A CURR SUPP-$100-

STD-VLT
PER $100 0.0900 THE FEE FOR SUPPLYING CURRENCY IN
STANDARD STRAP AMOUNTS (I.E.,100

NOTES OF THE SAME DENOMINATION)
FROM A CASH VAULT. THE FEE IS
APPLIED TO EACH $100 SUPPLIED.
10001Z CURR-COIN DEP-
$100-BKG CTR
PER $100 0.1800 THE FEE FOR COUNTING THE CASH

PORTION OF A DEPOSIT AT THE TIME

OF PROCESSING THE DEPOSIT FOR
CREDIT TO THE ACCOUNT. THIS FEE IS
APPLIED TO EACH $100 CASH
DEPOSITED AT A BANKING CENTER.

THIS IS ALSO KNOWN AS IMMEDIATE
VERIFICATION.
10001A CURR-COIN DEP-
$100-QBD-ND
PER $100 0.2100 THE FEE FOR COUNTING THE CASH

PORTION OF A POST-VERIFIED DEPOSIT
DELIVERED TO A BANKING CENTER.

CASH IN A POST-VERIFIED DEPOSIT IS

COUNTED AFTER THE DEPOSIT IS

PROCESSED FOR CREDIT TO THE
ACCOUNT. THIS FEE IS APPLIED TO
EACH $100 CASH DEPOSITED.
010100 DEBITS POSTED-
OTHER
PER ITEM 0.0100 PER ITEM FEE CHARGED TO THE

RECEIVER FOR POSTING AN
ELECTRONIC ITEM TO A DDA ACCOUNT.
100106 DEP CONDITIONING-

SURCHG-VAULT
PER DEPOSIT 10.0000 PER DEPOSIT CHG FOR DEPOSITS

DELIVERED TO A VAULT WHICH DO NOT

MEET STD VAULT DEPOSIT
PREPARATION CRITERIA (E.G.,

CURRENCY IS NOT PRESENTED

ORDERLY) THE CHARGE IS APPLIED

FOR EACH DEPOSIT NOT PRESENTED
PER DEPOSIT INSTRUCTIONS.
000230 DEPOSIT BANK

ASSESSMENT
PER $1,000 0.1461 MONTHLY CHARGE FOR DEPOSIT
BALANCES. A FEE BASED ON THE
ACCOUNT’S AVERAGE POSITIVE
LEDGER BALANCES FOR THE MONTH.
388
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 11 of 16 100501 DEPOSIT

CORRECTION-CASH
PER CORRECTION 8.0000 THE FEE FOR A DISCREPANCY FOUND

BETWEEN CLIENT'S DECLARED AMOUNT

OF CASH DEPOSITED AND THE AMOUNT
ACTUALLY VERIFIED BY BANK. CHARGE

APPLIES TO ALL CASH VAULT AND

BANKING CENTER CASH DEPOSITS AND

IS APPLIED PER DEPOSIT REQUIRING
ADJUSTMENT. ALSO APPLIED FOR A
MISSING DEPOSIT TICKET.
100502 DEPOSIT

CORRECTION-

NONCASH-RDS
PER CORRECTION 1.0000 TRANSACTIONAL CHARGE FOR

PROCESSING AN ADJUSTMENT FOR

EACH NON-CASH DEPOSIT

RECONCILIATION DIFFERENCE OR AN

ADJUSTMENT MADE TO AN INCOMING
IMAGE LETTER.
010000 DEPOSITORY+ SUB

ACCT MAINT
PER ACCOUNT 25.0000 THE MONTHLY CHARGE FOR

MAINTAINING THE CUSTOMER-DEFINED

IDENTIFICATION NUMBER FOR A
DEPOSITORY+ SUBSIDIARY ACCOUNT,

ATTACHING THAT NUMBER TO EACH

TRANSACTION PRIOR TO REPORTING IT

AND ROLLING TRANSACTION

INFORMATION TO THE MASTER
ACCOUNT.
350103 ELEC WIRE OUT-

DOMESTIC
PER WIRE 4.0000 OUTGOING, ELECTRONICALLY

INITIATED USD WIRE BEING SENT FROM
OUR CLIENT'S U.S. BANK OF AMERICA

ACCOUNT TO A BENEFICIARY'S
ACCOUNT AT ANOTHER U.S. BANK.
25010B EXPRESS TAX
(EFTPS) ONLINE PMT
PER TRANSACTION 0.7500 THE CHARGE PER TRANSACTION FOR

TAX PAYMENTS SUBMITTED THROUGH
EXPRESS TAX SOFTWARE PRODUCT.
150102 GENERAL DISB CKS

PAID-IMAGE
PER CHECK 0.0800 THE GENERAL DISBURSEMENT PER

ITEM CHECKS PAID CHARGE FOR

RECEIVING FRONT ONLY OR FRONT

AND BACK IMAGES OF PAID CHECKS VIA
IMAGE STATEMENT.
150102 GENERAL DISB CKS

PAID-TRUNC
PER ITEM 0.0600 GENERAL DISBURSEMENT PER ITEM
FEE FOR TRUNCATED PAID CHECKS.
151351 IMAGE ARCHIVE-180
DAY-2 YEAR
PER ITEM 0.0354 THE PER ITEM FEE ASSOCIATED WITH

THE CAPTURE AND STORAGE FOR

ONLINE ACCESS TO PRESENTED
IMAGES ITEMS FOR 180 DAYS TO TWO
YEARS.
151351 IMAGE ARCHIVE-90
DAYS
PER ITEM 0.0000 THE PER ITEM FEE ASSOCIATED WITH

THE CAPTURE AND STORAGE FOR

ONLINE ACCESS TO PRESENTED
IMAGES ITEMS FOR 90 DAYS.
100229 IMAGE DEPOSITED

ITEMS-RDSO
PER ITEM 0.0700 BUNDLED PRICE FOR ITEMS CLEARED

AS IMAGES VIA RDSO
151350 IMAGEDROP FILE

MAINTENANCE

PER MONTH / PER

ACCOUNT

5.4500 IMAGEDROP FILE MONTHLY

MAINTENANCE FILE FEE PER ACCOUNT

FOR SOFTWARE EXPENSE, ONGOING
SUPPORT AND REVISION/UPGRADES.
151353 IMAGEDROP PER
FILE
PER FILE 5.0000 IMAGEDROP FILE FEE ASSESSED ON
THE DESIGNATED "PRIMARY" ACCOUNT.
151353 IMAGEDROP PER
ITEM
PER ITEM 0.0200 PER ITEM FEE IS BASED ON POSTED

CHECKS AND DEBIT ITEMS AND
ASSESSED AT THE ACCOUNT LEVEL.
350300 INCOMING DOMESTIC
WIRE
PER WIRE 4.0000 INCOMING, ELECTRONICALLY INITIATED
USD WIRE BEING SENT FROM A U.S.

BANK TO OUR CLIENT'S BAML ACCOUNT
IN THE U.S.
389
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 12 of 16 101010 MTHLY ARMORED

CARRIER
AMOUNT 2758.4400 A BILL PAYMENT ARRANGEMENT

UNDER WHICH THE BANK PAYS FEES

FOR TRANSPORTATION SERVICES FOR

DELIVERY OF VAULT DEPOSITS

PROVIDED A CLIENT PURSUANT TO A

CONTRACT BETWEEN THE CLIENT AND
A 3RD PARTY VENDOR, AND WHICH
RESULTS IN EXPLICIT (I.E. HARD

DOLLAR) CHARGES OR BALANCE BASED

CHARGES (USING EARNINGS CREDITS)

IN AN AMOUNT AT LEAST EQUAL TO THE
BILL PAYMENT. SUBJECT TO THE NON-

STANDARD REQUEST POLICY AND

APPROVAL BY CONTRACT
MANAGEMENT.
101010 MTHLY ARMORED

CARRIER
AMOUNT 0.0000 A BILL PAYMENT ARRANGEMENT

UNDER WHICH THE BANK PAYS FEES

FOR TRANSPORTATION SERVICES FOR

DELIVERY OF VAULT DEPOSITS

PROVIDED A CLIENT PURSUANT TO A

CONTRACT BETWEEN THE CLIENT AND
A 3RD PARTY VENDOR, AND WHICH
RESULTS IN EXPLICIT (I.E. HARD

DOLLAR) CHARGES OR BALANCE BASED

CHARGES (USING EARNINGS CREDITS)

IN AN AMOUNT AT LEAST EQUAL TO THE
BILL PAYMENT. SUBJECT TO THE NON-

STANDARD REQUEST POLICY AND

APPROVAL BY CONTRACT
MANAGEMENT.
150500 NON-RELATIONSHIP

CK CASHED-CA
PER ITEM 4.5000 NON-RELATIONSHIP CUSTOMER CHECK

CASHING TRANSACTIONS THAT OCCUR
IN CA BANKING CENTER; CLIENT HAS CA

SPECIFIC NRC ARRANGEMENT
010310 PAPER DEPOSIT

STATEMENT MAILED
PER ITEM 25.0000 CHARGE FOR PAPER STATEMENT
WHEN RECEIVING ELECTRONIC.
150210 PAYEE POSITIVE PAY

ISSUE MATCH
PER ISSUE INPUT 0.0300 THE PER ISSUE ITEM CHARGE FOR

MATCHING PAID CHECK PAYEE NAME

INFORMATION AND THE CHECK
ISSUANCE PAYEE INFORMATION.
150122 PAYEE POSITIVE PAY

MAINTENANCE

PER MONTH/PER

ACCOUNT

0.0000 MONTHLY PER ACCOUNT

MAINTENANCE FOR THE PAYEE
POSITIVE PAY SERVICE.
251110 PAYMODE CON

MTHLY LICENSE
PER MONTH 90.0000 MONTHLY FEE FOR USE OF PAYMODE
CONCENTRATOR SERVICE.
250800 PAYMODE CON

TRANSACTION
PER PAYMENT 0.0800 PER ITEM FEE FOR EACH PAYMENT
CONCENTRATED.
010610 PHOTOCOPY-
MANUAL
PER ITEM 7.0000 THE PER ITEM CHARGE FOR

PHOTOCOPYING CHECKS, DEPOSIT
TICKETS, ETC.
010610 PHOTOCOPY-SELF

SERVICE
PER ITEM 3.0000 PER ITEM CHARGE FOR PHOTOCOPIES

REQUESTED THROUGH SELF-SERVICE
CHANNELS (VRU, CPO).
150310 POSITIVE PAY

EXCEPTIONS
PER ITEM 0.0150 THE PER ITEM CHARGE FOR PAID NO

ISSUE, CHECK VOIDED PRIOR TO

PAYMENT AND PAYEE NOT FOUND

POSITIVE PAY EXCEPTION ITEMS

RELEASED TO THE CLIENT FOR
DECISION.
390
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 13 of 16 100007 QBD-NIGHT DROP

DEPOSIT
PER DEPOSIT 5.2700 THE FEE FOR GIVING CONDITIONAL

CREDIT FOR A DEPOSIT DELIVERED TO
A BANKING CENTER. THE DEPOSIT IS

CREDITED UNDER THE CONDITION

THAT THE DECLARED CASH AMOUNT IS

EQUAL TO THE ACTUAL CASH
COUNTED. THE FEE IS APPLIED PER
DEPOSIT. NOTE: CURRENCY DEPOSITS

MADE INTO A REMOTE NIGHT DROP

WILL BE BILLED AS VAULT DEPOSIT AND
CURR DEPOSITED-PER NOTE-VLT.
010000 REMOTE DEPOSIT

ACCOUNT MAINT
PER ACCOUNT 10.0000 THE MONTHLY MAINTENANCE CHARGE

FOR EACH ACCOUNT ENTITLED TO THE
REMOTE DEPOSIT SERVICE.
019999 REMOTE DEPOSIT

CKC IMAGE PROC
PER ITEM 0.0400 THE PER ITEM CHARGE FOR THE

SCANNING, VALIDATION, CORRECTION

AND TRANSMISSION OF REMOTE
DEPOSIT ITEMS.
019999 REMOTE DEPOSIT

ITEM STORAGE
PER ITEM 0.0000 THE ROLLING 45 DAY STORAGE OF

REMOTE DEPOSIT DEPOSITED ITEMS

IMAGES WITHIN THE REMOTE DEPOSIT
APPLICATION WITHIN CASHPRO.
019999 REMOTE DEPOSIT

SUPPLY ORDERS
AMOUNT 72.3000 REMOTE DEPOSIT SUPPLY ORDERS.
100401 RETURNS-

ADDITIONAL ADVICE
PER ITEM 2.0000 A PER ITEM CHARGE FOR A SINGLE,

DUPLICATE OR TRIPLICATE RETURNED
ITEM PER ADVICE.
100401 RETURNS-

ALTERNATE ACCT
PER DAY 0.0500 RETURNED ITEMS ARE DEPOSITED TO

ONE DDA ACCOUNT AND ARE CHARGED
BACK TO A DIFFERENT DDA ACCOUNT.

A DAILY CHARGE ONLY WHEN THERE IS
ACTIVITY.
100400 RETURNS-

CHARGEBACK
PER ITEM 1.5000 PER ITEM CHARGE FOR A DEPOSITED

CHECK WHICH IS RETURNED BY THE

PAYER BANK AND DEBITED BACK TO
THE DEPOSITOR'S ACCOUNT.
100402 RETURNS-RECLEAR PER ITEM 0.7000 THE CHARGE FOR REDEPOSITING AN

ITEM WHICH HAS BEEN RETURNED BY

THE PAYER BANK TO THE DEPOSITOR'S
ACCOUNT. A PER ITEM CHARGE.
010610 STATEMENT COPY PER ITEM 10.0000 THE PER ITEM CHARGE FOR PROVIDING

A PHOTOCOPY OF A CLIENT'S DDA
STATEMENT UPON REQUEST. CLIENT

HAS THE OPTION OF RECEIVING THE

STATEMENT COPY WITH OR WITHOUT

COPIES OF THE ACCOMPANYING
CHECKS. IF CHECK COPIES ARE

REQUESTED, CHECK PHOTOCOPY FEES
APPLY.
150410 STOP PAY
AUTOMATED<=12
MONTHS

PER STOP PLACED

OR RE-ISSUED

3.5000 PER STOP FEE FOR STOP PAYMENTS

PLACED AND REISSUED VIA CASHPRO
FOR DURATIONS OF 12 MONTHS OR
LESS.
101010 TRANS MGMT

MONTHLY MAINT
MONTHLY REPEATER 25.0000 FEE FOR ADMINISTERING VAULT
TRANSPORTATION SERVICES.
100100 VAULT DEPOSIT PER DEPOSIT 1.5000 PER DEPOSIT FEE FOR PROCESSING A DEPOSIT DELIVERED TO A CASH VAULT.
350000 WIRE MONTHLY

SUBSCRIPTION
PER MONTH 10.0000 CASHPRO ONLINE GLOBAL PAYMENTS

SERVICES MONTHLY MAINTENANCE
(PREMIUM SUBSCRIPTION FEE).
050422 WLBX CASHPRO REC
ARCHIVE 6M-1Y
PER IMAGE 0.0150 PER IMAGE FEE TO HAVE LOCKBOX

IMAGES ARCHIVED AND AVAILABLE
ONLINE FOR A PERIOD OF 6 MONTHS
OR 1 YEAR.
050400 WLBX CASHPRO REC

MAINTENANCE
PER MONTH 115.0000 PER MONTH MAINTENANCE FEE TO

ACCESS LOCKBOX IMAGES AND DETAIL
INFORMATION VIA AN ONLINE PORTAL.
391
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 14 of 16 050424 WLBX CASHPRO REC

PER IMAGE
PER IMAGE 0.0100 PER IMAGE FEE FOR ONLINE ACCESS

OF IMAGES OF CHECKS, INVOICES,

SUPPORTING DOCUMENTS, ENVELOPES

AND CORRESPONDENCE RECEIVED IN
LOCKBOX.
05011P WLBX CHECK DATE
REVIEW
PER CHECK 0.1000 PER CHECK FEE TO NEGOTIATE AN

ITEM BASED ON POST/STALE DATED
ELIGIBILITY.
050530 WLBX

CORRESPONDENCE
PER ENVELOPE 0.2500 PER ENVELOPE FEE TO HANDLE

REMITTANCES THAT DO NOT CONTAIN

MONETARY PAYMENT (CHECK, CARD,
CASH.)
050413 WLBX COURIER

DELIVERY OF PKG
AMOUNT BASED 58.9700 PER AMOUNT FEE (BASED ON WEIGHT,

PACKAGE SIZE, FROM / TO ZIP CODES)

TO MAIL A REMITTANCE PACKAGE TO A

CLIENT USING THE BANK'S PREFERRED
COURIER.
050126 WLBX DATA

CAPTURE
PER KEYSTROKE 0.0100 PER KEYSTROKE FEE TO CAPTURE

DATA AS DEFINED BY THE CLIENT FROM

CHECKS, PROCESSED CARD

TRANSACTIONS, REMITTANCE

SUPPORT DOCUMENTS, AND/OR

CORRESPONDENCE RECEIVED IN A
LOCKBOX.
050300 WLBX DEPOSIT PREP

PER DEPOSIT
PER DEPOSIT 1.0000 PER DEPOSIT FEE TO PREPARE AND

DEPOSIT CHECKS RECEIVED IN A
CLIENT'S LOCKBOX.
05011L WLBX DOCUMENT

RETURN PKG PREP
PER MONTH 30.0000 PER MONTH FEE TO PREPARE A

PACKAGE OF ANY OF THE FOLLOWING -

REMITTANCE DOCUMENTS, NON-

DEPOSITABLE ITEMS, IMAGEDROP
FILES, ETC. THIS FEE IS APPLIED TO ALL
LOCKBOXES.
050120 WLBX DUAL SIDED

IMAGE MAINT

PER LOCKBOX PER
MONTH

50.0000 PER MONTH FEE TO PROVIDE IMAGES

OF THE FRONT AND BACK OF

DOCUMENTS RECEIVED WITHIN THE
LOCKBOX.
05011R WLBX IMAGE

DOCUMENTS IMAGED
PER IMAGE 0.0200 PER IMAGE FEE TO CAPTURE IMAGES
OF REMITTANCE DOCUMENTS. THE

BILLABLE VOLUME INCLUDES THE

CHECK, INVOICE, SUPPORTING

DOCUMENTS, ENVELOPE (OPTIONAL)
AND CORRESPONDENCE (OPTIONAL).

IF THE LOCKBOX HAS DUAL-SIDED

IMAGING, THE VOLUME OF BACKSIDE
IMAGES IS ALSO INCLUDED. THE CLIENT

MAY REQUEST THAT ONLY BACKSIDED
IMAGES WITH CONTENT ARE IMAGED.
050401 WLBX IMAGE TRANS

MAINTENANCE
PER MONTH 100.0000 PER MONTH FEE TO GENERATE A

TRANSMISSION OF LOCKBOX IMAGES

OF CHECKS, CARD PAYMENT COUPONS,

INVOICES, SUPPORTING DOCUMENTS,

ENVELOPES (OPTIONAL) AND

CORRESPONDENCE (OPTIONAL) AND
DEPOSIT INFORMATION. USE IN

CONJUNCTION WITH WLBX IMAGE
TRANS PER IMAGE.
050420 WLBX IMAGE TRANS

PER IMAGE
PER IMAGE 0.0100 PER IMAGE FEE TO TRANSMIT IMAGES

OF CHECKS, REMITTANCES,

ENVELOPES AND CORRESPONDENCE IN
AN IMAGE TRANSMISSION. USE IN

CONJUNCTION WITH WLBX IMAGE
TRANS MAINT.
392
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 15 of 16 050000 WLBX LOCKBOX

MAINT PER BOX

PER LOCKBOX PER
MONTH
135.0000 PER MONTH MAINTENANCE FEE FOR
USE OF AN IMAGE LOCKBOX. IF THE

LOCKBOX IS SETUP WITH SCANNABLE

PROCESSING, THIS FEE IS NOT BILLED

AND INSTEAD THE CLIENT WILL BE

BILLED UNDER WLBX SCANNABLE LBX
MAINT.
050100 WLBX LOCKBOX

PROC PER ITEM
PER CHECK 0.1300 PER CHECK FEE TO PROCESS AN ITEM

RECEIVED IN THE LOCKBOX OR AN ITEM

RECEIVED IN A SCANNABLE LOCKBOX
WITHOUT A SCANNABLE OCR COUPON.
050131 WLBX PAYEE

VALIDATION PER
ITEM
PER CHECK 0.0700 PER CHECK FEE TO REVIEW AND

VERIFY PAYEES OF CHECKS RECEIVED

AGAINST THE ESTABLISHED PAYEE LIST

OF PAYEES FOR THE LOCKBOX TO

DETERMINE IF THE ITEM IS
AUTHORIZED FOR DEPOSIT. THE

BILLABLE VOLUME IS CHARGED FOR

ALL CHECK VOLUME RECEIVED IN THE

LOCKBOX REGARDLESS OF THE

NUMBER OF ACCEPTABLE PAYEES OR
ACCEPT ALL PAYEES.
050530 WLBX REJECTED
ITEM
PER ITEM 0.2500 PER TRANSACTION FEE TO REJECT AN

ITEM THAT FAILS TO MEET THE

CLIENT'S SPECIFIED PROCESSING
INSTRUCTIONS. THIS INCLUDES NON-

PROCESSABLE ITEMS (RIPPED, TORN

ITEMS), CARD TRANSACTIONS

DECLINED/FAIL MERCHANT

AUTHORIZATION, AND ITEMS REJECTED

BY THE CLIENT VIA THE ONLINE
CORRECTION SERVICE.
050020 WLBX SCANNABLE

LBX MAINT
PER MONTH 85.0000 PER MONTH MAINTENANCE FEE FOR
USE OF A SCANNABLE LOCKBOX.
50101 WLBX SCANNABLE

PROC MULTIPLES
PER CHECK 0.2500 PER CHECK FEE TO PROCESS ITEMS

WITH SCANNABLE COUPONS RECEIVED
IN A SCANNABLE LOCKBOX. THE FEE IS

BILLED IN INSTANCES WHERE MULTIPLE

CHECKS AND OR INVOICES ARE

RECEIVED IN A SINGLE REMITTANCE
ENVELOPE. USE IN CONJUNCTION WITH
WLBX SCANNABLE PROC PER INV.
050101 WLBX SCANNABLE

PROC PER INV
PER INVOICE 0.0300 PER INVOICE (OR COUPON) FEE TO

PROCESS EACH OCR-READABLE

COUPON WITHIN A SCANNABLE
LOCKBOX. USE IN CONJUNCTION WITH

WLBX SCANNABLE PROC PER ITEM

SINGLE OR WLBX SCANNABLE PROC
PER ITEM MULTI.
050020 WLBX SCANNABLE

PROC SINGLE
PER ITEM 0.1000 PER CHECK FEE TO PROCESS ITEMS

WITH SCANNABLE COUPONS RECEIVED
IN A SCANNABLE BOX. THE FEE IS

BILLED IN INSTANCES WHERE A SINGLE

CHECKS IS RECEIVED WITH A SINGLE

INVOICE IN A SINGLE REMITTANCE
ENVELOPE. USE IN CONJUNCTION WITH
WLBX SCANNABLE PROC PER INV.
050112 WLBX SCANNABLE

SORT MAINT
PER MONTH 100.0000 PER MONTH FEE TO SEPARATE

LOCKBOX TRANSACTIONS INTO

SCANNABLE PROCESSING (WITH

COUPON) AND WHOLESALE

PROCESSING (WITHOUT COUPON) ON A
SCANNABLE LOCKBOX. USE IN

CONJUNCTION WITH WLBX SCANNABLE
SORT PER ITEM.
393
Oxnard CA - Govnt Treas Svcs Agrmt – Dec2022v2 Page 16 of 16 050155 WLBX SCANNABLE

SORT PER ITEM
PER ITEM 0.0200 PER ITEM FEE TO SEPARATE LOCKBOX

TRANSACTIONS INTO SCANNABLE

PROCESSING (WITH COUPON) AND

WHOLESALE PROCESSING (WITHOUT
COUPON) ON A SCANNABLE LOCKBOX.

USE IN CONJUNCTION WITH WLBX
SCANNABLE SORT MAINT.
05011P WLBX SPECIAL

CHECK REVIEW
PER CHECK 0.1000 PER CHECK FEE TO NEGOTIATE AN

ITEM THAT FAILS CRITERIA SPECIFIED
BY A CLIENT. EXAMPLES INCLUDE

REVIEWING THE CHECK FOR MISSING

SIGNATURE, OR LEGAL/COURTESY
AMOUNT DIFFERENCES.
05011P WLBX WALK-IN

COURIER PKG ITEM
PER ITEM 0.7500 PER ITEM FEE FOR EACH ITEM IN A

PACKAGE RECEIVED FROM A SOURCE

OTHER THAN THE STANDARD USPS

LOCKBOX ADDRESS (MAIL PICKED UP

FROM THE POST OFFICE BY A BANK
COURIER MULTIPLE TIMES A DAY.) THE

OTHER SOURCES INCLUDE, BUT ARE

NOT LIMITED TO CLIENT, LOCAL, OR
NATIONAL COURIERS. PRIORITY MAIL,
AND USPS TRACKABLE MAIL.
010020 ZBA-DEPOSITORY+

MASTER MAINT

PER ACCOUNT / PER
MONTH

25.0000 MONTHLY CHARGE ASSOCIATED WITH

MAINTAINING A MASTER ACCOUNT

WHICH IS USED FOR FUNDING OR

COLLECTING FUNDS FROM THE
ZBA/TFR SUBSIDIARY ACCOUNTS. THIS

CHARGE IS IN ADDITION TO STANDARD
ACCOUNT MAINTENANCE.

394

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. K.1

DATE: February 21, 2023

TO: City Council

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

SUBJECT: Substantial Amendment to the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans. (30 minutes)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing and receive comments related to the Substantial Amendment of the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans;

2. Approve a Substantial Amendment to the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans, reallocating Community Development Block Grant, Community Development Block Grant – Coronavirus, and HOME Investment Partnership funding;

3. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the Amendments to the United States Department of Housing and Urban Development;

4. Authorize the City Manager and his designees, to execute the appropriate agreements with subgrantees, and to adjust any of the funding activity, not to exceed ten percent, if the programs require more or less funding to meet their objectives; and

5. Authorize the City Manager and his designees, to incorporate any recommended changes resulting from public input to each of the aforementioned plans, as directed by the City Council, including amending any grant revenue and/or expenditure budgets to reflect the reallocations described in the 2022-2023 and 2020-21 mid-year budgets.

(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/3tT35nVwou8

BACKGROUND

On October 6, 2020, City Council approved an amendment to the Fiscal Year 2020-2021 Annual Action Plan to incorporate $8,343,372 of Community Development Block Grant – Coronavirus, and Emergency Solutions Grant – Coronavirus funding allocated to the City of Oxnard under the Coronavirus Aid, Relief, and Economic Security Act. The City of Oxnard allocated the funding to critical projects that helped minimize the economic impacts of COVID-19 on the most vulnerable.

On May 17, 2022, City Council approved the Fiscal Year 2022-2023 Annual Action Plan. Approval was necessary to complete the process to obtain $3,571,605 in Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant funds from the United States Department of Housing and Urban Development (“HUD”). The Annual Action Plan outlines the activities and proposed spending plan for the fiscal year. 395

DISCUSSION

A majority of the entitlement funding allocated in Fiscal Years 2020-2021 and 2022-2023 were expended as approved by the City Council. However, several factors have created a surplus in funding, such as the State’s COVID-19 Rent Relief Program that assisted our proposed rental assistance program, canceled projects due to compliance issues, or entities not have the ability to carry out projects and programs. The current year, Fiscal Year 2022-2023, has been fully budgeted during the normal budget cycle approved on May 17, 2022, however, the accumulation of unallocated funds from past years needed to be reallocated to shovel-ready projects, whether the projects are existing or newly identified.

HUD enforces numerous regulations to ensure the timely disbursement of federal funds and allows jurisdictions to carry over prior year funds, yet funds cannot exceed one and half times the amount of the annual funding allocation. Because of the factors noted above, the City of Oxnard currently has approximately two times its annual Community Development Block Grant award. Therefore, it’s critical that the City of Oxnard allocate funding to shovel ready projects to ensure timely disbursement of funds in compliance with federal regulations within Fiscal Year 2022-2023. This mid-year budget comprises Fiscal Year 2020-2021 to amend the CARES Act funding, and Fiscal Year 2022-2023 for CDBG and HOME carryover funds from prior years.

Fortunately, there are shovel ready projects that can be supported by the available grant funds thus the Housing Department is requesting that the City Council amend the Fiscal Years 2020-21 and 2022-23 Annual Action Plans to reallocate and commit available Community Development Block Grant funding to shovel ready projects. With this reallocation, the City is required to amend the 2020-21 and 2022-23 Annual Action Plans and submit them to HUD as a Substantial Amendment. A "Substantial Amendment" includes a new activity, a major increase in a project, or a large set of funds that change the Annual Action Plan originally sent to HUD for approval. All Substantial Amendments to the Annual Action Plans must be approved by HUD before implementing the amended changes.

In addition, the Fiscal Year 2022-2023 Substantial Amendment includes a commitment of surplus HOME funds. Housing Staff has been working closely with two affordable housing developers to provide gap financing for their projects.

The draft 2020-2021 and 2022-2023 Annual Action Plan Amendments were posted on the City of Oxnard’s website for public review and a public hearing was held on December 28, 2022 at the Main Library providing the community with the opportunity to comment on the proposed amendments.

Below is a brief overview of the projects that staff recommends funding through the proposed amendments. Three HUD programs will be affected: CDBG, CDBG-Coronavirus, and HOME. The complete 2020-2021 and 2022-2023 Annual Action Plan Amendments and funding recommendations is attached (Attachments 1-3). Funds identified in this staff report are connected to the Housing Contracts Administration Services Agreement number 9660-22-HO approved by the Community Services, Public Safety, Housing & Community Development Committee on January 10, 2023.

Community Development Block Grant Reallocations

There is $3,554,923 in carryover funds from prior years. Two current projects were canceled, including Caregivers Volunteers Assisting the Elderly because the organization was unwilling to comply with federal program regulations and Affordable Housing Rehabilitation Program.

Gabriel’s House, located at 1450 S. Rose Avenue, requires an additional funding of $950,000 to complete the rehabilitation project. The primary driver of this need for additional funding is the increase in construction costs. Additionally, Staff proposes funding for People’s Self Help Housing for a ninety-unit affordable rental housing project, known as Cypress Place at Garden City. The project has successfully obtained State and federal funding to help finance a majority of the project Staff proposes $1,500,000 in CDBG funds for clearance and site improvements prior to the construction of affordable housing.

Staff also proposes $100,000 in related activity delivery costs to support project-specific operations including staffing, consultants, environmental and other studies. Staff requests that the City Council approve $100,000 in Activity-Delivery Costs including $18,000 for the rehabilitation of Gabriel’s House, $27,500 for the Cypress Place activities, and $54,500 to support the CDBG and HOME-related projects as described in Attachment 3. The $54,500 includes $30,000 for 396
project management services from the Oxnard Housing Authority and $6,000 for use of environmental compliance services that have not been specifically identified at this time.

There is a Report on the February 21, 2023 City Council agenda for the approval of HOME and CDBG Loan Agreements for the above mentioned Cypress Place at Garden City project. This subject item must be approved if the Loan Agreements are to be approved.

Community Development Block Grant – Coronavirus Reallocations

On October 6, 2020, the City Council approved fourteen projects totaling $3,088,367 in support of preventing, preparing and responding to the impacts related to the Coronavirus pandemic. Of those projects, an unexpended balance from seven of these projects in the amount of $2,037,807.03 remains.

Staff requests approval to reallocate $1,417,135.38 of the unexpended funds to projects that continue to need support including: increasing the Business Assistance Program to continue services to local business owners who have been impacted by the pandemic by providing an additional $50,000 to serve an additional 5 businesses; continuing the homeless encampment response for the unsheltered; case management and housing navigation services at the Housing Authority of the City of Oxnard; and the need to restore the PAL site that the Recreation Department allowed Housing to use as a temporary homeless shelter.

HOME Commitments

There is $4,135,142 in surplus HOME funds from prior years. Staff proposes to allocation a total of $3,601,400 of these funds, leaving a balance of $533,742. Housing Staff has been working closely with two developments that have obtained State and federal funding for the majority of their projects, but a financial gap still exists. The first project is with Cabrillo Economic Development Corporation for a forty-two-unit affordable rental housing project, known as the Dolores Huerta Gardens Apartments (previously referred to as Etting Road). Staff proposes a $1,854,000 in HOME funds to support development costs. The second project is Cypress Place at Garden City, a 90 unit affordable housing project. Staff proposes $1,600,000 in HOME funds to support development costs (separate and apart from the the $1,500,000 in CDBG funds previously described in this report). Additionally, the proposed amendment includes a HOME allocation for Activity-Delivery Costs in the amount of $147,400 to support staff costs, consultants and other project related expenses needed to carry out both projects.

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

All activities in the substantial amendment will be supported by available HUD grant funding. Approval of the recommended actions will authorize any necessary grant revenue and/or expenditure budget amendments.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director
397

ATTACHMENTS

1. 2020-2021 Annual Action Plan Amendment Draft

2. 2022-2023 Annual Action Plan Amendment Draft

3. 2020-2021 & 2022-2023 Annual Action Plan Funding Recommendations

4. PowerPoint Presentation

398
City of Oxnard
2020 Annual Action Plan
CARES Act Amendment
DRAFT
January 2023
Prepared by:

C
ity of Oxnard – H ousing Department – Grants Management 435 South D Street, Oxnard, California, 93030
399
Annual Action Plan
2020
2 OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
ACTION PLAN AMENDMENT UPDATE – City of Oxnard amendment to reflect additional resources to existing activities and new activities to further the CARES Act mission of preventing, preparing and responding to the impacts related to COVID-19 to the Community Development Block Grant CARES Act (CDBG-CV) of the first year 2020 Annual Action Plan in the 2020-2024 Ventura County Regional Consolidated Plan, per City of Oxnard Council Action on October 6, 2020. This is a substantial amendment and requires the fifth amendment to this document. The amendment is exclusively for the CDBG-CV funds as changes to specific projects have been identified in the AP-38 of this report. City of Oxnard City Council action scheduled on February 21, 2023.

Ho
using and community development resources are currently available in Ventura Urban County and Entitlement Jurisdictions include:
• Community Development Block Grant (CDBG) funds
• HOME Investment Partnerships Program (HOME) funds
• Emergency Solutions Grant (ESG) funds
• General funds (tax levy)
• Housing Successor Funds (formerly low-moderate Redevelopment Agency Funds) • HUD Section 108 Loan funds
• HUD Housing Choice Voucher Program (through the Area Housing Authority of Ventura County, Oxnard Housing Authority, Housing Authority of the City of San Buenaventura, Santa Paula DRAFT
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Housing Authority, and the Housing Authority of the City of Port Hueneme) • California Housing Finance Agency funds (CalHFA)
• State Housing and Community Development (HCD) housing funds • State transportation funds
• Ventura County Housing Trust Fund
• CARES Act Community Development Block Grant (CDBG-CV) funds • CARES Act Emergency Solutions Grant (ESG-CV) funds
A
nticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public
-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services
2,573,996 100,000 352,000 3,025,996 10,406,067
Block grant
from HUD to
address
housing,
community
development,
and
economic
development
needs.

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public
-
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for ownership
TBRA
775,947 100,000 0 875,947 3,256,502
Grant from
HUD to
address
affordable
housing
needs.

ESG public
-
federal
Conversion
and rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid re-
housing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
221,083 0 0 221,083 840,722
Grant from
HUD to
address
needs and
services for
homeless
persons or
persons at
risk of
becoming
homeless.

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Other public
-
federal
Other
8,343,372 0 0 8,343,372 0
$5,255,055 in
ESG-CV
funding to
prevent,
prepare for,
and respond
to the
coronavirus
pandemic
among
individuals
and families
who are
homeless or
receiving
homeless
prevention
activities to
mitigate
impacts of
COVID-19
Table 1 - Expected Resources – Priority Table
E
xplain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The jurisdictions leverage federal resources against other sources of federal, state, local, and private funding to maximize the impact of CDBG, HOME, and ESG funds. Leveraging varies from activity to activity depending on the project scope. For instance, the Federal Low-Income Housing Tax Credit (LIHTC), historic tax credits, and various affordable housing loan and grant products from the CA Department of Housing and Community Development and the Federal Home Loan Bank can be leveraged with HOME funding to develop affordable housing.

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Although the CDBG program does not require a match, the HOME program and the ESG program require funding match. The HOME program requires a 25 percent non-federal cash or non-cash match of the annual grant amount or entitlement, less 10 percent for administration and five percent for Community Housing Development Organization (CHDO) operating support.

ESG match is required on a one-to-one basis (100 percent match). ESG grantees report required match detail to the Ventura County Continuum of Care (CoC) on a monthly or semi-annual basis. Matching contributions from ESG grantees (cash or non-cash) may be obtained from any source, including any federal source other than the ESG program, as well as state, local, and private sources, per 24 CFR 576.201.

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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Most County-owned property is used to house County operations or is deed-restricted, limiting its feasibility for new uses. The County has been evaluating land it owns, as it becomes available, for the purpose of providing affordable housing and will continue to consider land that is deemed as surplus for the needs identified in the Regional Consolidated Plan. The County has initiated the use of a surplus building in San Buenaventura for a year-round emergency shelter for homeless persons. The building is currently being renovated and is expected to begin serving clients early in 2020. Additionally, late in 2019 the County released a Request for Qualifications and Concept Proposals for a County-owned property located in the unincorporated area for an affordable housing development, with a permanent supportive housing component.

Discussion
Anticipated CARES Act funding is included in "Other" section in table above, $3,088,367 in CDBG-CV funds to be used to prevent, prepare for and respond to the coronavirus and $5,255,055 in ESG-CV funding to prevent, prepare for, and respond to the coronavirus pandemic among individuals and families who are homeless or receiving homeless prevention activities to mitigate the impacts of COVID-

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Annual Goals and Objectives
AP-2
0 Annual Goals and Objectives
Goals Summary Information
Table on next page
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Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Improve
Supply of
Affordable
Housing
2020 2024 Affordable
Housing
New Rental
Housing
Housing Support
and Stability
Homeownership
Opportunities
Rehabilitation &
Preservation of
Existing Housing
Assistance for
Senior Residents
Disaster Planning
and Recovery
CDBG: $1,030,153
HOME: $788,521
Rental units constructed: 5
Household Housing Unit
Rental units rehabilitated: 8
Household Housing Unit
Homeowner Housing Added:
10 Household Housing Unit
Housing Code
Enforcement/Foreclosed
Property Care: 2000
Household Housing Unit
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2 Enhance
Economic
Stability
2020 2024 Non-Housing
Community
Development
Increase Job
Skills
Facade
Improvements
Local
Entrepreneurship
3 Increase Social
Services
2020 2024 Non-Homeless
Special Needs
Housing Support
and Stability
Assistance for
Senior Residents
Social Services
Youth Activities
and Services
Disaster Planning
and Recovery
CDBG: $401,158 Public service activities other
than Low/Moderate Income
Housing Benefit: 2300
Persons Assisted
Public service activities for
Low/Moderate Income
Housing Benefit: 150
Households Assisted
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4 Work to End
Homelessness
2020 2024 Homeless Housing Support
and Stability
Homelessness
ESG: $221,083 Tenant-based rental
assistance / Rapid Rehousing:
15 Households Assisted
Homeless Person Overnight
Shelter: 155 Persons Assisted
Homelessness Prevention: 20
Persons Assisted
Other: 100 Other
5 Create Quality
Neighborhoods
2020 2024 Non-Housing
Community
Development
Housing Support
and Stability
Assistance for
Senior Residents
Streets and
Streetscapes
Parks and
Community
Space
Disaster Planning
and Recovery
Utilities and
Public
Infrastructure
CDBG: $708,200
CDBG: (Prior Year)
$352,000
Public Facility or
Infrastructure Activities other
than Low/Moderate Income
Housing Benefit: 125000
Persons Assisted
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6 Effective
Administration
2020 2024 Planning and
Administration
New Rental
Housing
Housing Support
and Stability
Homeownership
Opportunities
Rehabilitation &
Preservation of
Existing Housing
Assistance for
Senior Residents
Increase Job
Skills
Facade
Improvements
Local
Entrepreneurship
Social Services
Youth Activities
and Services
Homelessness
Streets and
Streetscapes
Parks and
Community
Space
Disaster Planning
and Recovery
Utilities and
Public
CDBG: $534,877
HOME: $87,613
Other: 0 Other
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Infrastructure
7 CDBG COVID
Pandemic
Response
2020 2022 COVID
Pandemic
Response
COVID-19 Impact CDBG-CV:
$3,088,367
Public Services-area benefit:
approx. 125,000 Persons
Assisted Public Services- 400
persons assisted Economic
Development: 20 Business
assisted Rental Assistance:
500 assisted
8 ESG COVID
Pandemic
Response
2020 2022 COVID
Pandemic
Response
COVID-19 Impact ESG-CV:
$5,255,005
Tenant-based rental
assistance / Rapid Rehousing:
30 Households Assisted
Homeless Person Overnight
Shelter: 350 Persons Assisted
Street Outreach/Other: 200
Other
Table 2 – Goals Summary
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Goal Descriptions

Provide housing support to households impacted by COVID-19. CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus.
2 Goal Name Enhance Economic Stability
Goal
Description
Enhance economic stability and prosperity by increasing economic opportunities for residents through job skills training and promotion of local entrepreneurship.

Provide economic development support to businesses impacted by COVID-19. CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus.
3 Goal Name Increase Social Services
Goal
Description
Increase access to health and wellness services, youth activities, senior activities, and social service activities for residents.

Public service activities supporting response to COVID-19. CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus.

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4 Goal Name Work to End Homelessness
Goal
Description
Work alongside the Ventura County Continuum of Care to end homelessness within Ventura County by providing housing, emergency shelter, and social services to homeless persons or those at risk of homelessness.

Provide homeless service activities for persons experiencing homelessness impacted by COVID-19. ESG-CV funds will be used to prevent, prepare for and respond to coronavirus pandemic among individuals and families who are homeless or receiving homeless prevention activities to mitigate impacts of COVID-19. CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus.
5 Goal Name Create Quality Neighborhoods
Goal
Description
Enhance access to quality, resilient, and livable neighborhoods by improving publicly owned facilities and infrastructure such as parks, streets, sidewalks, and community buildings, including improving accessibility to meet Americans with Disabilities Act (ADA) standards.
6 Goal Name Effective Administration
Goal
Description
Create and maintain effective housing and community development programs that address the priority needs listed within the Consolidated Plan, comply with all U.S. Housing and Urban Development (HUD) requirements, and achieve the goals and objectives set out by each Ventura County jurisdiction.

Administrative tasks supporting activities to prevent, prepare for and respond to coronavirus. (CDBG-CV 20% cap of Allocation and ESG-CV 10% cap of Allocation). Subject to the CARES Act and emergency policy from HUD, including program regulations and waivers.
7 Goal Name CDBG COVID Pandemic Response
Goal
Description
Subject to the CARES Act and emergency policy from HUD, including program regulations and waivers.

CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus DRAFT
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8 Goal Name ESG COVID Pandemic Response
Goal
Description
Subject to the CARES Act and emergency policy from HUD, including program regulations and waivers.

ESG-CV funds will be used to prevent, prepare for and respond to coronavirus DRAFT
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Projects
AP-35 Projects – 91.220(d)
Introduction
***FIFTH ACTION PLAN AMENDMENT UPDATE -
CDBG-CV funds as changes to specific projects have been identified in the AP-38 of this report; Project 13: CV-COVID RESPONSE.

These are 2020 Plan year Projects designed to accomplish the goals and objectives of the 2020 AAP. The 2020 Projects will organize Activities in IDIS under the Projects setup in this section of AAP. The Projects are New Rental Housing, Housing Support and Stability, Homeownership Opportunities, Rehabilitation and Preservation, Assistance for Senior Residents, Other Public Services, Youth Activities and Services, Homelessness, Parks and Community Space, Public Facilities and Improvements, Public Facilities-Fire Protection Equipment and Administration and Planning.

Additionally, three new projects will be used to track activities as a result of CARES Act Amendment, CV- COVID RESPONSE, CV-ADMINISTRATION AND ESG20-OXNARD.

P
rojects
# Project Name
1 NEW RENTAL HOUSING
2 HOUSING SUPPORT AND STABILITY
3 HOMEOWNERSHIP OPPORTUNITY
4 REHABILITATION AND PRESERVATION
5 ASSISTANCE FOR SENIOR RESIDENTS
6 OTHER PUBLIC SERVICES
7 YOUTH ACTIVITIES AND SERVICES
8 HOMELESS ASSISTANCE
9 PARKS AND COMMUNITY SPACE
10 PUBLIC FACILITIES AND IMPROVEMENTS
11 PUBLIC FACILITIES-FIRE PROTECTION EQUIPMENT
12 ADMINISTRATION
13 CV-COVID RESPONSE
14 CV-ADMINISTRATION
15 ESG20-OXNARD
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Table 3 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The allocation priorities are based on the annual needs identified in coordination with other city departments. Public service allocations are determined by the participation from other providers to meet the goals of the ConPlan. HOME funds are balanced between development projects and single family housing needs. HESG allocation are targeted exclusively for the needs of the homeless population.

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AP-38 Project Summary
Project Summary Information-
Table on next page
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1 Project Name NEW RENTAL HOUSING
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed New Rental Housing
Funding HOME: $788,353
Description PARTICIPATION IN HOUSING DEVELOPMENT FUNDING ASSISTANCE Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
5 LOW INCOME HOUSEHOLDS
Location Description CITY OF OXNARD. CALIFORNIA
Planned Activities FINANCIAL ASSISTANCE TO A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FOR THE DEVELOPMENT OF 5 HOUSING UNITS FOR LOW INCOME HOUSEHOLDS IN OXNARD. THIS PROJECT INCLUDES 15% OF HOME ALLOCATION SET ASIDE FOR CHDO'S, OR $131,392.
2 Project Name HOUSING SUPPORT AND STABILITY
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Housing Support and Stability
Funding CDBG: $200,000
Description HOUSING SERVICES
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
5 HOUSING UNIT, 8 HOUSEHOLDS (REHABILITATION ), 6 HOUSING UNITS- HOUSING SERVICE; TOTAL OF 19 HOUSEHOLDS
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD DRAFT
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Planned Activities HOUSING SERVICES FOR LOW - MODERATE INCOME HOUSING

HOUSEHOLDS
3 Project Name HOMEOWNERSHIP OPPORTUNITY
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Homeownership Opportunities
Funding CDBG: $125,000
Description HOMEOWNERSHIP ASSISTANCE
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
6 HOUSEHOLDS ASSISTED
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities HOMEOWNERSHIP ASSISTANCE FOR LOW-MODERATE INCOME

HOUSING HOUSEHOLDS
4 Project Name REHABILITATION AND PRESERVATION
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Rehabilitation & Preservation of Existing Housing Funding CDBG: $705,153
Description REHABILITATION OF HOUSING UNITS; CODE ENFORCEMENT AND

COMPLIANCE
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
8 HOUSEHOLDS HOUISNIG UNITS
2,000 HOUSEHOLD HOUSING UNITS (CODE COMPLIANCE)
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Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities AFFORDABLE HOUSING RENTAL UNITS FOR LOW-MODERATE INCOME HOUSEHOLDS; SUPPORT THE CODE ENFORCEMENT ACTIVITIES OF THE

CITY OF OXNARD DEVELOPMENT SERVICES TO IMPROVE QUALITY OF

LIFE AND PROPERTY ISSUES
5 Project Name ASSISTANCE FOR SENIOR RESIDENTS
Target Area
Goals Supported Increase Social Services
Needs Addressed Assistance for Senior Residents
Funding CDBG: $47,500
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2021 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR SENIOR SERVICES TO INCREASE

THE QUALITY OF LIFE
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
300 PERSONS WILL BE ASSITED WITH SENIOR SERVICES
Location Description CITY-WIDE
Planned Activities 1) ASSISTING WITH DAILY NEEDS FOR SENIORS BY CAREGIVERS

VOLUNTEERS ASSISTING THE ELDERLY, CITY OF OXNARD
RECREATION AT 2) PALM VISTA SENIOR CENTER
6 Project Name OTHER PUBLIC SERVICES
Target Area
Goals Supported Increase Social Services
Needs Addressed Social Services
Funding CDBG: $149,299
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2021 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR SENIOR SERVICES TO INCREASE

THE QUALITY OF LIFE
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Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
125 LOW-INCOME INDIVIDUALS WILL BE ASSISTED WITH SUBSIDIZED HEALTH CARE SERVICES, FAIR HOUSING SERVICES WILL ASSIST 150 FAMILIES, AND 150 HOMELESS INDIVIDUALS WILL BE ASSISTED WITH EMERGENCY SHELTER AND SERVICES.

Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities ***ACTION PLAN UPDATE - The City initially awarded $20,000 to Thrive Mentorship House where addiction and rehabilitation services for adult men were made available. This activity's funds have been reallocated to a park project. Thrive Mentorship House was unable to complete the initial documentation prior to developing a Subrecipient Agreement, therefore the project was closed. Additionally, the Fair Housing Program has been moved from Public Services to Administration, as the City of Oxnard serves all income levels with this program.

1) CITY OF OXNARD FAIR HOUSING PROGRAM, 2) EMERGENCY SHELTER

FOR HOMELESS BY COUNTY OF VENTURA HUMAN SERVICES AGENCY RAIN PROGRAM, 3) HOMELESS SERVICES BY SHELTER CARE RESOURCES, 4) SUBSIDIZED HEALTH CARE SERVICES BY LIVINGSTON MEMORIAL

VISITING NURSES ASSOCIATION

7 Project Name YOUTH ACTIVITIES AND SERVICES
Target Area
Goals Supported Increase Social Services
Needs Addressed Youth Activities and Services
Funding CDBG: $204,300
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2021 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR YOUTH RECREATIONAL AND EDUCATIONAL PROGRAMS; YOUTH FROM LOW- AND MODERATE-
INCOME HOUSEHOLDS.

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Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
1700 YOUTH WILL BE ASSISTED WITH YOUTH SERVICES/RECREATIONAL

AND EDUCATIONAL PROGRAMS IN LOW-MOD NEIGHBORHOODS
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities CITY OF OXNARD RECREATION AT 1) COLONIA GYM, 2) COLONIA BOXING GYM, 3) COLONIA RECREATION CENTER, 4) POLICE ACTIVITIES LEAGUE, 5) RECREATION ON THE GO AND 6) COLONIA LIBRARY

EDUCATIONAL PROGRAM
8 Project Name HOMELESS ASSISTANCE
Target Area
Goals Supported Work to End Homelessness
Needs Addressed Homelessness
Funding ESG: $221,083
Description MERGED EXPECTED RESOURCES, PROJECT FUNDING AND NARRATIVES WITH PROJECT ESG20-OXNARD. THIS PROJECT IS NOT AVAILABLE FOR ACTIVITIES.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
KINGDOM CENTER WILL PROVIDE EMERGENCY SHELTER TO 140
INDIVIDUALS; TURNING POINT WILL PROVIDE EMERGENCY SHELTER TO 15 MENTALLY-ILL PERSONS; CITY OF OXNARD HOUSING DEPARTMENT, HOMELESS DIVISION WILL PROVIDE STREET OUTREACH TO 100
INDIVIDUALS; RAPID RE-HOUSING TO 15 HOMELESS HOUSEHOLDS and HOMELESS PREVENTION ASSISTANCE TO 20 HOMELESS PERSONS
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities 1) ADMINISTRATION OF HESG BY CITY OF OXNARD, 2) KINGDOM CENTER WILL PROVIDE EMERGENCY SHELTER AND , 3) EMERGENCY SHELTER FOR MENTALLY ILL BY TURNING POINT FOUNDATION, 4) CITY

OF OXNARD HOUSING DEPARTMENT, HOMELESS DIVISION WILL
PROVIDE STREET OUTREACH, 4) RAPID RE-HOUSING, AND 5) HOMELESS

PREVENTION
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9 Project Name PARKS AND COMMUNITY SPACE
Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Parks and Community Space
Funding CDBG: $118,000
Description PUBLIC IMPROVEMENTS OF PUBLIC PARKS AND COMMUNITY SPACE

WITHIN LOW- AND MODERATE INCOME AREAS
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities

THIS PROJECT WILL ACCOUNT FOR TANGIBLE IMPROVEMENTS TO

PUBLIC IMPROVEMENTS IN LOW-MOD CENSUS TRACT
NEIGHBORHOODS. THE ACTIVITIES WILL TARGET LOW-MOD CENSUS TRACT NEIGHBORHOODS, ESTIMATED AT 60,000 PERSONS.

Location Description LOW AND MODERATE INCOME AREAS

Planned Activities 1) PLEASANT VALLEY PARK BALL COURT AND 2) LA COLONIA GREEN ALLEYS

10 Project Name PUBLIC FACILITIES AND IMPROVEMENTS
Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Utilities and Public Infrastructure
Funding CDBG: $746,945
Description PUBLIC FACILITIES AND IMPROVEMENTS
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities

THIS PROJECT IS CITY-WIDE AND WILL ACCOUNT FOR IMPROVEMENTS TO CITY FACILITIES. THE CITY-WIDE ACTIVITIES WILL ASSIST APPROX 209,000 PERSONS, OF WHICH OVER 60% ARE LOW/MOD INCOME
RESIDENTS, ESTIMATED AT 125,000 PERSONS
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Location Description CITY-WIDE
Planned Activities 1) HOMELESS SHELTER PORTABLE FACILITIES, 2) MULTI SERVICE CENTER REHABILITATION, 3) ONE STOP FACILITY AND 4) POLICE ACTIVITY

LEAGUE (PAL) REHABILITATION
***ACTION PLAN UPDATE- 5)HOMELESS SHELTER IMPROVEMENTS AT 1450 SOUTH ROSE AVE

THE CITY OF OXNARD HOUSING DEPARTMENT, HOMELESS DIVISION

WILL UTILIZE PRIOR YEAR CDBG FUNDS FOR HOMELESS SHELTER IMPROVERMENTS TO THE 1450 SOUTH ROSE AVE PROJECT. THE

PROJECT WILL IMPROVE ACCESSIBILITY AND SAFETY, AND INCREASE

RESRTOOM SPACE AND CAPACITY TO MEET THE NEEDS OF THE
HOMELESS FACILTIY.
11 Project Name PUBLIC FACILITIES-FIRE PROTECTION EQUIPMENT Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Disaster Planning and Recovery
Utilities and Public Infrastructure
Funding CDBG: $195,000
Description PUBLIC FACILITIES -FIRE PROTECTION EQUIPMENT Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities

THIS PROJECT IS CITY-WIDE AND WILL ACCOUNT FOR IMPROVEMENTS TO PUBLIC FACILITIES-FIRE PROTECTION EQUIPMENT. THE CITY-WIDE ACTIVITIES WILL ASSIST APPROX 209,000 PERSONS, OF WHICH OVER 60% ARE LOW/MOD INCOME RESIDENTS, ESTIMATED AT 125,000
PERSONS.

Location Description CITYWIDE
Planned Activities 1) EMERGENCY OPERATIONS CENTER
12 Project Name ADMINISTRATION
Target Area
Goals Supported Effective Administration
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Needs Addressed New Rental Housing
Housing Support and Stability
Homeownership Opportunities
Rehabilitation & Preservation of Existing Housing
Assistance for Senior Residents
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Streets and Streetscapes
Parks and Community Space
Disaster Planning and Recovery
Utilities and Public Infrastructure
Funding CDBG: $534,799
HOME: $87,594
Description ADMINISTRATION AND PLANNING COSTS SUBJECT TO CAPS FOR EACH FUNDING SOURCE; CDBG (20% of Allocation & PI) AND HOME (10% of Allocation & PI)
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities

ADMINISTRATION AND PLANNING ACTIVITIES WILL BENEFIT FAMAILIES CITYWIDE. AN ESTIMATED 209,000 PERSONS WILL BENEFIT FROM THIS ACTIVITY OF WHICH OVER 60% ARE LOW- AND MODERATE- INCOME RESIDENTS.

Location Description CITYWIDE
Planned Activities COORDINATION OF ALL CDBG AND HOME ADMINISTRATION AND

PLANNING ACTIVITIES
13 Project Name CV-COVID RESPONSE
Target Area
Goals Supported Enhance Economic Stability
Increase Social Services
Work to End Homelessness
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Needs Addressed Housing Support and Stability
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Funding CDBG-CV: $2,470,694
Description *** ACTION PLAN UPDATE – Activities identified with reallocation of CDBG-CV funds. Several projects were cancelled due to not having the ability to carry out the program during COVID-19.

CDBG activities to prevent, prepare for and respond to coronavirus.

Subject to the CARES Act and emergency policy from HUD, including program regulations and waivers. The CV-COVID RESPONSE activities total $2,470,694.

Target Date 6/30/2022
Estimate the number
and type of families
that will benefit from
the proposed
activities
*** ACTION PLAN UPDATE – Estimated 15 persons assist with job retention/creation; homeless prevention to assist 150 persons; 150 homeless individuals will be assisted with homeless services; Post-PAL Shelter rehabilitation for 1 public facility.

An estimated 21,000 person will benefit from the Fire Paramedicine activity for low and moderate income residents. 21,000 persons will be assisted with Food Share activity; 14,000 persons will be assisted with Health Sanitation activity; 250 homeless individuals will be assisted with emergency shelter and services; 150 youth will be assisted with youth services and educational programs; 10 persons will be assisted by job development and training; rental assistance program will assist 500; and technical assistance activity will assist 20 businesses. These activities are in low-moderate income neighborhoods.

Location Description Citywide and Low and Moderate Income Areas.

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Planned Activities *** ACTION PLAN UPDATE- Additional Activities are Business Assistance Grants- increase funds; Post-PAL Shelter Rehabilitation; Homeless Encampment ; Homeless Prevention programs. CDBG-CV cancelled activities are PAL Homeless Shelter Expansion, Vocational Job Training, Community of Action of Ventura County-Oxnard Homeless Services, and Business Improvement-South Oxnard.

City of Oxnard Fire Department will provide 1) Fire Paramedicine & PPE; City of Oxnard Cultural & Community Services will provide 2) Food Share, 3) Health-Sanitation Program, 4) Homeless Shelter Expansion, 5) Homework Center at Colonia Gym, South Oxnard Center, Durley Park Youth Center; City of Oxnard Housing Department will provide 6) Homeless Outreach, 7) Homeless Encampment Response, 8) Vocational Job Development & Training, 9) Business Improvement-South Oxnard; City of Oxnard Housing Authority will provide 10) Rental Assistance Program; and Community of Action of Ventura County will provide 11) Oxnard Homeless Services.
14 Project Name CV-ADMINISTRATION
Target Area
Goals Supported Effective Administration
Needs Addressed Housing Support and Stability
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Funding CDBG-CV: $617,673
Description Administrative tasks supporting activities to prevent, prepare for and respond to coronavirus. (20% cap of Allocation) Subject to the CARES Act and emergency policy from HUD, including program regulations and waivers. The CV-ADMINISTRATION Project total is $617,673.

Target Date 6/30/2022
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Estimate the number
and type of families
that will benefit from
the proposed
activities
Administration and planning activities will benefit families citywide. An estimated 209,000 persons will benefit from this activity of which over 60% are low- and moderate- income residents.

Location Description Citywide.

Planned Activities Coordination of all CDBG-CV Administration and planning activities. 15 Project Name ESG20-OXNARD
Target Area
Goals Supported Work to End Homelessness
Needs Addressed Homelessness
Funding ESG: $221,083
ESG-CV: $5,255,005
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Description ***AMENDMENT (4th)Updated activities 4) Turning Point Foundation will provide Emergency Shelter, 5) Mercy House will provide Rapid Re- Housing. Both activities are regular ESG funds. ***AMENDMENT(3rd) Updated activities Oxnard ESG-CV funds will provide 1) Homeless Expansion Shelter (Mercy House Emergency Shelter) at K Street (2) Temporary Homeless Shelter at PAL (Mercy House Emergency Shelter), Emergency Shelter Maintenance (at K Street and PAL) 3) Temporary Emergency Shelter at 2nd Street (terminated), and Emergency Shelter (Turning Point Foundation), and Emergency Shelter Services (Ventura County Healthcare Services) 4) Case Management & Rapid Re-Housing, 5) Homeless Encampment Response-Outreach, 6) Street Outreach (Ventura County Health Care Services Agency and the Salvation Army) and 7) Tenant-Based Rental Assistance (United Way-Forward Home) and 8) Administration of ESG-CV
***Annual Action Plan Amendment Update (2nd) - The City reallocated ESG-CV funds to activities that needed additional funding within the calendar year. ESG-CV Administration was reduced to $51,090, and Emergency Shelter was increased to $4,083,495 - dedicated to Mercy House Shelter Services and Operations, Turning Point Foundation, and Ventura County Health Care Services Agency. Street Outreach was reduced by $136,516 with those funds moving to Emergency Shelter Services. The original Annual Action Plan had an unallocated amount of $651,589, that is now moving to Emergency Shelter Services. HESG ANNUAL $221,083 - Administration and Planning costs subject to 7.5% Cap, or $16,581. HEARTH Emergency Solutions Grant funds to provide financial assistance to various service providers for Emergency Shelter and Street Outreach subject to 60% Cap; Homeless Prevention, Rapid Re-Housing, and HMIS activities to serve homeless individuals and families, and those at-risk of becoming homeless. Street Outreach and Emergency Shelter activities will be limited to 60% of HESG allocation, or $132,649. All HESG subrecipients are required by CITY OF OXNARD to provide matching funds of a dollar for every dollar HESG grant dollar received. (First AAP Amendment) ESG-CV ANTICPATED RESOURCES ALLOW $5,476,088 OF ESG-CV ACTIVITIES TO PREVENT, PREPARE FOR AND RESPOND TO CORONAVIRUS.

Target Date 6/30/2022
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Estimate the number
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the proposed
activities
HESG PY 2020 Annual grant will assist Kingdom Center with Emergency Shelter activity funds for 140 individuals; assist Turning Point with Emergency Shelter funds for 15 mentally ill persons; City of Oxnard Housing Department, Homeless Division with funds to contract for a provider to assist with Street Outreach to 100 individuals; Rapid Re- Housing to 15 Homeless households and Homeless Prevention assistance to 20 homeless persons.

With CARES Act, ESG-CV funds - Homeless activities planned are Emergency Shelter to 350 homeless persons; Rapid Re-Housing to 30 individuals; Street Outreach to 200 individuals.

Location Description Various locations throughout City of Oxnard.

Planned Activities PY 2020 HESG Annual activities will be; 1) Administration of HESG activities, 2) Kingdom Center will provide Emergency Shelter for families, 3) Emergency Shelter for mentally ill by Turning Point Foundation, 4) City of Oxnard Housing Department, Homeless Division, will provide Street Outreach, 4) Rapid Re-Housing, and 5) Homeless Prevention.

Oxnard ESG-CV funds will provide 1) Homeless Expansion Shelter, 2) Temporary Homeless Shelter at K Street, 3) Temporary Emergency Shelter at 2nd Street, 4) Case Management & Rapid Re-Housing, 5) Homeless Encampment Response-Outreach, 6) Street Outreach and 7) Administration of ESG-CV.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The primary national objectives of the ConPlan programs are to benefit LMI residents, therefore, the City’s CDBG funds will be targeted to extremely low, low, and moderate-income persons. The City has traditionally dedicated 100 percent of its CDBG resources to activities that exclusively benefit LMI persons. CDBG funds will be used to serve the LMI persons Citywide and in Low-Moderate Areas (LMA).

This trend is expected to continue in PY 2020. Also, the City will continue to assist the low-income persons citywide with HOME and HESG funds. The target areas are: (1) Citywide, with 89 percent of the total entitlement funds; and, (2) the LMA Census Tract, 11 percent. The total entitlement includes the administration and planning funding.

Geographic Distribution
Target Area Percentage of Funds
NA NA
Table 4 - Geographic Distribution

Rationale for the priorities for allocating investments geographically The need for affordable housing (funded from CDBG and HOME) is present throughout the City. CDBG funds for direct benefit category-capital improvements and code enforcement are allocated based on the percentage of LMI persons within the LMA neighborhoods. Regarding the Public Services category of the CDBG funds, the proposed projects will focus on the basic needs of the residents such as health care, essential and supportive services, as well as housing services. The special population such as seniors, homeless and youth will continue to receive their funding for the healthcare needs, nutrition needs, education needs, shelter support and recreational needs.

HESG allocations are based on the limited clientele are distributed citywide.

HOME funds are distributed based on the income eligibility of the clients and citywide basis. These allocations also cover designated areas targeted by Code Compliance efforts to reduce and eliminate the deterioration of the areas through the Homeownership program as well as the Housing Rehabilitation program: homeowners will improve the beautiful appearance of the home and the safety of the DRAFT
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neighborhood.

Discussion
As always, the City of Oxnard will continue to look for available public and private resources and creative ways to fund the needy programs.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
HOME affordable housing loans for down payment assistance or rehabilitation will leverage affordable housing loan programs, funded by State of CA, such as BEGIN and CAL-HOME. HOME development financing assistance will leverage development funds from State of California, developer equity, private financing, and tax credit financing.

Lower-income households continue to pay a high percentage of their income for housing, compared to other income groups. A large percentage of lower-income renters tend to experience overcrowding and inadequate housing conditions as housing problems. In order to help provide decent and affordable housing, and improve the social and economic status for LMI households in Oxnard, the following programs will be available during the next program year:

1. First time Homebuyer Loan Program

2. Homeownership Assistance Program

3. Rehabilitation of Single-Family and Mobile home Housing Units

4. Rehabilitation of Housing Rental Units

5. Construction of new affordable dwelling units

6. Preservation of 520 public housing rental units and 1,840 Section 8 vouchers (including 15 set aside vouchers for homeless persons and 67 VASH vouchers for veterans) One Year Goals for the Number of Households to be Supported Homeless 50
Non-Homeless 2,360
Special-Needs 250
Total 2,660
Table 5 - One Year Goals for Affordable Housing by Support Requirement

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One Year Goals for the Number of Households Supported Through Rental Assistance 2,145
The Production of New Units 5
Rehab of Existing Units 6
Acquisition of Existing Units 10
Total 2,166
Table 6 - One Year Goals for Affordable Housing by Support Type

Discussion
City of Oxnard's Affordable Housing Division (AHRD) offers HOME grant funds to finance homebuyer assistance and rehabilitation of owner-occupied single family housing for local residents. AHRD will also continue to provide financial assistance to Community Housing Development Organizations (CHDO) to develop affordable housing units throughout the City subject to available funding and as permitted by the funding source. Loan information is provided to interested residents at homeownership fairs, workshops, and on the City of Oxnard's Housing Department website.

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AP-60 Public Housing – 91.220(h)
Introduction
Oxnard Housing Authority (OHA) currently administers 520 public housing units, 1,840 Section 8 rental assistance vouchers, which includes 67 VASH vouchers and provides support services through its Resident Services program and Family Self-Sufficiency (FSS) program. The needs of public housing residents are supported with a Resident Services program which offers a variety of services to families and youth on-site. The FSS program supports and promotes public housing and Section 8 families with homeownership opportunities and economic self-sufficiency. The FSS Program provides one-on-one counseling and individual assistance to families that participate in this program. Marking flyers for the residential rehabilitation program and the home buyer program are also available in the City's Housing Department lobby.

Actions planned during the next year to address the needs to public housing Modernization projects for the public housing units, where most needed, are funded through its Capital Fund program. Every 5 years the Capital Fund program conducts a PNA (Physical Need Assessment) throughout the entire housing units and sends out survey questionnaires to the residents to assess the physical deficiencies in their units. It also collects input from Maintenance and Public Housing Staff. All the collected deficiencies get translated into capital improvement projects and get tabulated into a 5 year action plan. Each year, in its Annual Plan and Statement, Capital Fund re-prioritizes those projects identified in the 5 year plan.

For Fiscal year 2020/21, the following capital improvement projects for public housing units are planned:

Cal 31-2 (Felicia Court) Roofing $250,000 Exterior Doors $220,000
Cal 31-8 (Palm Vista) Boiler Replacement $ 10,000
Cal 31-5 (Plaza Vista) Kitchen Cabinets $175,000 Cal 31-7 (Scattered sites) Kitchen Cabinets $350,000
Building Improvements $ 10,000

Total Planned projects for 2020 $1,015,000 In 2019, the Oxnard Housing Authority retired 144 public housing units, the impacted public housing residents were issued Section 8 Project Based Vouchers for the Las Cortes Project and any remaining families were given Section 8 tenant based vouchers to relocate to a unit in the private market.

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Actions to encourage public housing residents to become more involved in management and participate in homeownership
Homeownership opportunities are promoted by offering public housing families homeownership counseling services by Ventura County Community Development Corporation (VCCDC). In addition, families are informed of these services through its Family Self-Sufficiency Program and distribution of fliers to all households.

Public housing residents are encouraged to participate in public housing tenant associations that advocate on behalf of tenants to support efforts to improve public housing stock and living conditions.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not Applicable
Discussion
In order to respond to the increasing need for affordable housing units within the community, OHA and the Housing Department will continue to seek new resources of financing new housing development projects and partnering with developers, owners, and CHDO's.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Jurisdictions that receive federal funds for homeless assistance are required to conduct a Point In Time Count (PIT) of homeless persons each year. The 2020 PIT count was conducted on January 29, 2020.

The "Ventura County 2020 Homeless Count and Subpopulation Survey: Final Report", published in April 2020. The report is at the following website:
https://s33020.pcdn.co/wp-content/uploads/2020/04/2020-VC-Homeless-Count-Report-Final.pdf In summary, the PIT count is a snapshot of homeless people who could be enumerated on one specific day. The 2020 PIT counted a total of 379 unsheltered homeless persons in Oxnard.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
In the previous twelve months the City of Oxnard established a year around homeless shelter and navigation center located on K Street in Oxnard. The City of Oxnard contracted Mercy House to operate the navigation center. The navigation center will continue its operation for the next twelve-month period and beyond. Oxnard has launched an effort to develop a new construction mixed-use development that will include a new and replacement navigation center and 110-bed homeless shelter plus other support services and fifty-four units of permanent supportive housing. We expect that this new project will be in operation within thirty-six months and will maintain the interim operation on K Street until relocation is possible.

During the next year, Oxnard will engage a new street outreach team to offer navigation for basic needs, services and shelter. The street outreach team will coordinate with Mercy House and the Oxnard Navigation Center as well as the Homeless Liaison Officers with the Oxnard Police Department.

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Ventura County Rescue Mission - single men over the age of 18 with rotating stay schedule, 10 nights in/5 nights out; Kingdom Center - emergency shelter for single women and women with children; Lighthouse Mission for Women and Children - single women and women with children; and Turning Point Foundation - mentally ill individuals.

Transitional housing needs are currently being met by the following providers: Kingdom Center - single women and women with children; Khepera House - single men; Many Mansions - transition aged youth, single women and women with children; Turning Point Foundation - single mentally ill persons; Salvation Army - families, single parents and single persons; VC-HSA - families, single parents and children, and single persons; Project Understanding - families and single parent households.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
There are many providers that are working diligently to assist homeless persons from not only finding housing, but also to prevent further incidents of homelessness. The Oxnard Housing Authority has created a homeless preference in issuance of Housing Choice Vouchers and is actively offering permanent housing opportunities. During the 2019 – 2020 fiscal year the Oxnard Housing Authority expects to house fifty otherwise homeless families with the use of Housing Choice Vouchers.

The Ventura County Human Services Agency utilizes both County General Funds and the City's Emergency Solutions Grant to provide eviction prevention and rapid re-housing services to all of these populations; they will continue to do this in the forthcoming operating year. Additionally, Ventura County Veterans Services, Homeless Health Care and Ventura County Behavioral Health all work closely with the service providers to provide other supportive services to assist in reducing the incidence of homelessness as they have also done in the recent past.

OHA works in conjunction with the Veteran Administration to administer 67 housing vouchers for homeless veterans under the VASH program. This program targets chronically homeless veterans.

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foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The CoC has documented discharge policies of all of the above mentioned services that spell out various directions to ensure persons are not discharged into homelessness. Additionally, as stated earlier, HSA works with qualifying low-income persons and families to avoid homelessness. This is done with the utilization of HESG and Ventura County allocated general fund dollars. Under the CoC discharge policy, in fulfilling the State Mandated Policy (state law related to the discharge protocol), the following are found:

1. Health Care Facilities: the County health care system describes the discharge policy as interdisciplinary responsibility. For the persons who require ongoing medical and nursing care and who have no identifiable address they may be discharged to a respite program at the RAIN project, a County operated transitional housing project. Others, upon discharge routinely go to group homes, board and care facilities, or reunite with families and friends.

2. Mental Health Facilities: the Ventura County Medical Center Psychiatric Inpatient Unit with the collaboration of Ventura County Behavioral Health and various community agencies provide discharge planning and placement assistance to patients, when leaving the mental health facilities.

3. Foster care and other youth facilities: the goal is to provide assisted services to eligible youth and young adults between the ages of 16 and 21 in making a successful transition from foster care to independent living and achieve self-sufficiency. In addition to the County Children and Family Services, a Transitional Age Youth (TAY) center, operated by Pacific Clinic is also available.

4. Corrections programs and institutions: upon release, inmates are able to obtain housing in transitional and permanent housing programs, group homes, and sober living homes as well as with family and friends.

Discussion
The CoC has incorporated each of the following goals of Opening Doors into its 20-year plan to end homelessness:

1. Ending chronic homelessness through targeted street outreach (CDBG-Community Action-One Stop Shelter, CoC-Oxnard Homeless Outreach Program, VCHSA-Rapid Re-housing, HESG-Winter Warming Shelter), discharge planning and implementation of a housing first approach.

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2. Preventing and ending homelessness among veterans by providing permanent supportive housing beds, in addition to Section 8 HUD VASH vouchers.

3. Preventing and ending homelessness for families, youth, and children by 2020 through rapid rehousing program and homeless prevention activities. The CoC set a path to ending all types of homelessness in its 10-year plan by implementing a coordinated assessment system-Pathways to Home. As a result, the number of chronic homeless, veterans, families, and youth continue to demonstrate positive results.

4. All of the above objectives are still in progress and will be folded into a regional plan and strategy lead by the County of Ventura.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Barriers or constraints to the affordability of housing exist in many forms. A particular building code that to one sector might be interpreted as a “negative” public policy that acts as a barrier to affordable housing may to another sector be seen as a life-saving necessity – for example, seismic safety construction requirements. The same can be said for zoning and land use regulations. It should be noted that in Ventura County, local growth limitations have been adopted by direct ballot measures. Some of these measures entail costs which can affect housing supply and the cost of housing that is produced.

Barriers to exit homelessness include the lack of a permanent, year round shelter and the lack of housing units for those at the very low- and low- income spectrum. Because of the high cost to develop housing for these populations and limited public funding to subsidize the development of new affordable housing units, developers often do not have the resources to develop the number of units necessary to house this population. When this occurs, badly needed units go undeveloped, thus further limiting housing opportunities for those hardest to house.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Environmental review, general planning, zoning, and related local land use regulations and development standards are all extensions of local government police powers to protect life and property, minimize nuisances, and achieve a desired quality of life as expressed through a participatory democratic process.

Certain barriers to affordability are imposed by the mandates created by State Law (such as preparing and adopting a General Plan and conducting environmental reviews), are adopted for safety or civil rights reasons (such as the imposition of seismic construction standards in quake-prone areas, or requiring compliance with accessibility or visitability design standards), or enacted to remedy or prevent a specific local issue (such as requiring landscaping to deter graffiti). The term “barrier” should not be interpreted in the context that local development standards and development review procedures are inhibiting the provision of quality affordable housing that would otherwise be developed, but are the cumulative effect of the development requirements imposed by the layers of government regulations DRAFT
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and laws that impact residential development.

Discussion:

The City strives to consistently implement all policies and procedures, to review local development standards and development review procedures in such a way as to avoid and ensure that such do not have unintended negative consequences, and to improve policies and procedures so as to increase the opportunities and feasibility of developing affordable housing, especially for special needs and very low- and low-income units). The City will continue to engage in these efforts to identify and minimize any barriers over which the City has legal authority, in accordance with applicable law.

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AP-85 Other Actions – 91.220(k)
Introduction:

The City will implement the goals and strategies of the Consolidated Plan to achieve the other actions listed in the next section.

City staff will address the challenges of existing and new obstacles in PY 2020 by focusing on the following programmatic and administrative areas: Staff will continue to research the availability of future funding resources that leverage the development of affordable housing units, inclusive of grants, bond financing, Section 108 funding and partnering with other affordable housing developers. CDBG and other funds will be used to fund administrative support for programs that serve the needs of LMI citizens citywide. This is especially critical now that no redevelopment agency funding is available, given that redevelopment agencies no longer exist in California. Staff will continue to collaborate with private-sector partners when appropriate in the development and construction of affordable housing.

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comply with timely draw-down requirements.

Actions planned to foster and maintain affordable housing The City utilizes its Inclusionary Housing Program to provide significant numbers of affordable housing units. To ensure that Oxnard has enough opportunity sites suitable for residential development and to meet the remaining RHNA affordable allocation of 2,497 lower income and moderate units and 53 above moderate income units, the City is relying on the following:
• The All Affordable Housing Opportunity Program (AAHOP) and Affordable Housing (AH) additive zone (see Supplement 2) with an inventory of 2,067 units on 38 AAHOP sites • 66 Vacant and Underutilized Sites (see Supplement 2)
The City of Oxnard has adopted several ordinances that establish inclusionary affordable housing requirements for new developments. Relevant ordinances are City Council Ordinances 2721 and 2615. The Inclusionary Housing Program provides for in-lieu fee payments that can replace the on-site units within a development subject to approval by the City Council. The City is currently in the process of completing a study to increase the City's in-lieu fee. In-lieu fees for development project are as follows:

For-Sale Units: If the in-lieu request is granted, the developer is required to make a payment of 1 percent of the sales price of each for sale unit in the project based on increments of $50,000, with a minimum payment of $5,000 for each unit.

Rental Units: A payment is required for each rental unit. The price is adjusted every six months by the percentage increase or decrease for the previous six months as determined by the Los Angeles Riverside-Orange County Consumer Price Index for all urban consumers.

The City Council generally prefers on-site affordable housing as opposed to payment of in-lieu fees. A project that is approved for in-lieu payments has usually agreed to another public benefit through a Development Agreement that justifies the in-lieu payment. In-lieu payments are made when the developer applies for building permits for the approved units. The in-lieu fees collected provide funding support in the form of developer loans to new affordable housing projects and are almost always DRAFT
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leveraged with other funding sources. The current in-lieu fund balance is approximately $2.8 million.

Possible incentives may include, but are not limited to, the following:
• Assistance with accessing and applying for funding (based on availability of federal, state, local foundations, and private funds)
• Mortgage-subsidy or down payment assistance programs to assist first- time homebuyers and other qualifying households, when such funds are available • Expedited/streamlined application processing and development review • Modification of development requirements, such as reduced setbacks and parking standards on a case-by-case basis
• Density bonus
Actions planned to reduce lead-based paint hazards
The City will coordinate activities with the County of Ventura Department of Health and Human Services to reduce lead-based paint hazards in accordance with federal regulations. Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead-based paint, as applicable. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant households reporting or having been discovered to have poisoned children or any child with “Elevated Blood Lead Level”. OHA staff provides a brochure related to lead based paint hazards to all new tenants and program participants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements.

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and thereby getting them out of poverty:
• City Corp
• Community Action of Ventura County
• Oxnard Housing Authority
• County of Ventura-Human Services Agency
• City's youth programs such Police Activities League programs, Colonia Gymnasium, Colonia Recreation Center and Boxing programs
Actions planned to develop institutional structure
Extensive public and private partnerships have been established and organized to address the City's housing, homeless, and community development needs: Entitlement Grants workshops and training, Affordable Housing workshops for homeowners, Relocation meetings for residents, Fair Housing training and other scheduled meetings (such as Pre-construction meetings, Commission on Homelessness meetings, and meetings with County Continuum of Care Council, Housing Committee meetings).

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to collaborate with public and private housing and social service agencies to meet the goals and objectives of the Consolidated Plan. This could be from ongoing meetings, special meetings and task force.

Discussion:

The City anticipates significant numbers of inclusionary affordable housing to be developed within several proposed specific plans and other new projects. Based on a thorough review, the City does not believe that the current inclusionary housing program is a constraint to the development of housing in addition to the incentives and concessions currently being offered and conversations with local developers who have been able to work within the requirement of the inclusionary housing program and produce housing. To further ensure the program does not pose a constraint, the City has included a monitoring process.

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environmental reviews for housing developments and facility improvement projects, more complicated, and time consuming projects; 3) Labor Compliance Act: the City reviews and perform the contract administration of all CDBG-funded construction projects; 4) Section 3 Compliance: this function is also performed by the City; 5) Procurement and Purchasing: The City has its own procurement and purchasing policies managed by staff in the Finance Department; 6) Partnerships with Citizen Advisory Groups: Inter-Neighborhood Council Forum, Commission on Homelessness, Parks and Recreation and Community Services Commission, Mobilehome Park Rent Review Board, and Senior Services Commission.

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

In addition to the 20% cap for Administration, the City of Oxnard also allocates 15% of 2020 CDBG funds for public services such as recreation programs for youth, homeless services, senior services and fair housing activities. The balance of the funds will be allocated to housing activities, code compliance and public facilities and improvements. In the event of an emergency (such as an earthquake, flooding, or hurricane ...) the City will cut the non-committed funds from other existing projects in order to fund the urgent need within the allowable range. However, the urgent need to meet the following tests: (1) the existing conditions pose a serious and immediate threat to the health and welfare of the community, (2) the existing conditions are recent or recently became urgent, generally 18 months, (3) the City cannot finance on its own, (4) and when other funding sources are not available.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0
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2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%

HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

Other forms of local investments for housing that may be available to projects include financing from the City’s in-lieu fees, CDBG funding. Additionally, the City also provides homebuyer assistance through the use of program income received from BEGIN and CALHOME State funded grant programs.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

Refer to Questions # 3 for Resale Provisions & procedures.

Recapture:

Provisions
• “In the event that the homebuyer fails to satisfy the requirements during the term of the loan, or otherwise defaults, the City shall exercise its legal rights, as set forth in the promissory note and deed of trust, in order to recover the monetary assistance previously provided to the maximum extent permitted by law.”
• “If the recapture provisions are triggered by a sale of the housing unit, (whether voluntary or involuntary –such as foreclosure) or other default, the City shall take all necessary steps to recover the full amount of HOME funds from the net proceeds. The phrase ‘net proceeds’ is defined as the sales price, minus the loan repayment of the first trust deed (other than HOME funds) and any closing costs.”
The HOME Program regulations allow the City to recapture the entire HOME Subsidy, in the event the loan recipient violates the affordability and or term period requirements. However, should the ‘net proceeds’ not cover the entire HOME Subsidy or not cover any of the HOME Subsidy, the City is required to forgive the remaining balance of the direct HOME Subsidy.

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• During the term of the loan, the homeowner must repay the loan if it is sold, transferred or refinanced without the City’s permission and/or with cash out to the homeowner or the homeowner does not occupy the residence as a primary residence.

Procedures
The City utilizes an agreement which includes restrictions, and a promissory note secured by a deed of trust which is recorded with the Ventura County Recorder’s Office.

Staff monitors and requires certification annually by the homeowner that the property is owner- occupied to determine if recapture provisions shall be invoked upon discovery of violations for owner-occupancy or unauthorized transfers.

The City will exercise the rights stipulated in the promissory note, secured by the deed of trust that was recorded with the County Recorder’s Office.

Should Borrower transfer (as that term is defined in the Note) the Property during the occupancy period, City shall require that Borrower pay from the net proceeds the full amount of the Loan. For purposes of this Loan Agreement, “net proceeds” shall mean the sales price minus loan repayment (other than CDBG funds) and closing costs.

In the event net proceeds are not sufficient to discharge the full amount of the Loan during the occupancy period plus enable the Borrower to recover his or her initial investment in the Property and documented costs of any capital improvements, Borrower shall share the net proceeds with City. The City’s share of the net proceeds shall be calculated as follows:
(Amount of Loan / Amount of Loan + Borrower’s Investment) = % of Net Proceeds that City is entitled to.

Should the net proceeds not discharge the full amount of the Loan, City shall forgive the remaining balance.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

Refer to Question #2 for Recapture provisions and procedures.

Resale
Provisions

During the affordability period, the homeowner must resell to another low-income homebuyer if the property is refinanced without the City’s permission and/or with cash out to the homeowner or the homeowner does not occupy the residence as a primary residence.

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The original homebuyer receives a fair return on investment, (i.e., the homebuyer’s down payment plus capital improvements made to the house. It is important to note that in certain circumstances, such as a declining housing market where home values are depreciating, the original homebuyer may not receive a return on his or her investment because the home sold for less or the same price as the original purchase price); and

In the event that the homebuyer fails to satisfy the requirements during the term, or otherwise defaults, the City shall exercise its legal rights, as set forth in the Resale Restriction Agreement.

Procedures
The City utilizes a Resale Restriction Agreement (RRA) secured by a deed of trust which is recorded with the Ventura County Recorder’s Office.

Staff monitors and requires certification annually by the homeowner that the property is owner- occupied to determine if resale provisions shall be invoked upon discovery of violations for owner- occupancy or unauthorized transfers.

If the homeowner defaults or fails to satisfy requirements during the term, the City will exercise the rights stipulated in the Resale Restriction Agreement.

Property must be sold to an eligible low-income homebuyer which shall acquire the unit subject to the continuation of restrictions provided in the RRA through an assumption agreement.

The purchase price must be affordable for a low-income household who earns up to 80% of the area median income, provided by HUD. The monthly cost for principal, interest, taxes, insurance, HOA fees, utilities, and maintenance should not be more than 30% of the monthly income for the household or otherwise stated in the RRA. There is no preference to a particular segment of the low- income population.

The resale price is calculated using one of two ways methods described below. The method used is identified in the RRA:

Determined as the affordable housing cost for a family at 80% of AMI paying no more than 30% of the monthly income for the household or in accordance of California Health And Safety Code 50025.5, whichever is lesser, but not less than the original price paid by homebuyer, or Determination using a CPI method to calculate the increase (or decrease) in value of the property.

The U.S. Bureau of Labor Statistics Consumer Price Index – All Urban Consumers for the Los Angeles- Riverside- Orange Counties Area (all items based 1982-1984=100) provides the CPI on the date of the calculation and the CPI on the purchase date. The calculation is the CPI on the date of the calculation minus the CPI on the purchase date, plus the cost of improvements to property evidenced with receipts, less 7% depreciation, plus the costs of bringing the housing unit up to current building codes and in a salable condition.

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4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City currently does not have any plans to invest HOME funds in this type of activity.

Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (may include as attachment) The City does not provide any direct assistance under the HESG program any longer. All written standards vary by service providers and assistance type. However, all providers must ensure recipients meet the minimum qualifications established by HUD for each eligible funded activity.

HESG Policies and Handbook are provided to all HESG subrecipients.

2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.

The Regional Ventura County Continuum of Care Alliance has established centralized or coordinated assessment system, Pathways to Home, that provides coordination intake as well as systems to avoid duplication of effort and redundancies.

Pathways to Home is centralized to provide identical information and system-wide tracking through HMIS, of all homeless individuals who seek and /or receive assistance at any one of the various service providers, or through the County directly.

3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).

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e. The Review Committee reviews all proposals and provides a scores for each eligible application.

The funding recommendations are derived based on the scores. f. The funding recommendation are adjusted to meet the available resources and cap requirements; reviewed by management and then submitted to the City Council for approval. g. All applicants are contacted and urged to attend the City Council meeting in which the items fall on the agenda. All supporting comments and grievances are done at this time. h. The Mayor and City Council directs the City Manager and staff to move forward with final processing.
i. Staff prepare all contracts for execution. Additionally, all internal processes are completed in order to encumber funds to each individual agency.
j. Contracts are completed and services can begin on July 1. k. All HESG contracts are awarded for two years.

4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

The City meets the homeless participation requirement by having a homeless and formerly homeless person serve on the City's Commission on Homelessness. In addition, each entity receiving city HESG funding is also asked to provide information as to how they involve the homeless.

5. Describe performance standards for evaluating ESG.

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families.
• Rapid Re-housing: must show continued housing of clients receiving assistance for at least three months after receiving assistance. This should be done via case management of clients, documentation and HMIS entry and exit dates.
• Eviction Prevention: must show continued housing of clients receiving assistance for at least three months. This should be done via case management of clients, documentation and HMIS entry and exit dates.
• All clients, with the exception of victims of domestic violence, must be entered into the Regional HMIS within 15 days of receiving service(s), and must be exited from the system within 30 day of program completion or termination.
• MINIMUM STANDARDS: Sub-grantees are expected to have taken steps to meet the Minimum Standards for Homeless Programs within thirty days of executing the Program Year contract.
• BUILDING AND HABITABILITY STANDARDS: Any building for which HESG funding is used for renovation, major rehabilitation or conversion must meet local government safety and sanitation standards. In addition, the Sub-Grantee must meet a number of basic standards to ensure that shelter and housing facilities funded through the HESG program are safe, sanitary and adequately maintained.
• MONITORING: City staff will monitor the use of grant funds through a combination of a thorough review of all submitted reports, review of audit or financial statements, and monitoring and site visits.
• The City will continue to develop and implement eligible activities using the grant funds and through the monitoring and review processes and techniques in order to comply with the federal specific requirements.

Discussion:

Homeless Assistance Division continues to fund all the activities prescribed in the HEARTH act. With the sub-recipients cooperation, the City's HESG will continue to provide substantial additional leverage funds to invest in the various programs in order to assist the homeless population toward the goal of reduction and ending homelessness. Also, HESG limits the cost categories for administration and planning to 7.5% or $16,581 and 60% for street outreach and emergency shelter $132,649; total $149,230 for those cost categories. The City's 2020 action plan allows the maximum toward $16,581 administration and planning, and a total of $71,853 or 32.5% toward other activities such as homeless prevention and rapid re-housing support.

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City of Oxnard
2022 Annual Action Plan
Amendment
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Prepared by:

C
ity of Oxnard – H ousing Department – Grants Management 435 South D Street, Oxnard, California, 93030
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
FIRST ACTION PLAN AMENDMENT UPDATE – City of Oxnard amendment to update projects to the (CDBG) and (HOME) to the 2022 Annual Action Plan - the third year in the 2020- 2024 Ventura County Regional Consolidated Plan, per City of Oxnard Council Action on May 17, 2022. This is a substantial amendment and requires the first amendment to this document. The amendment is exclusively for the CDBG & HOME funds as changes to a specific project have been identified in the AP-38 of this report. City of Oxnard City Council action scheduled on February 21, 2023.

1. Introduction
The City of Oxnard is within Ventura County, California, located northwest of Los Angeles and southwest of Santa Barbara. Oxnard is the largest city in the county with the population of 202,063, according to the United States Census Bureau population estimates in 2020. The regulations of the United States Department of Housing and Urban Development (HUD) require that an Annual Action Plan (AAP) be submitted for each plan year within an agency's Consolidated Plan.

The City of Oxnard (City) joined the Ventura County Regional Consolidated Plan (Regional ConPlan) is a five year plan document covering five plan years from 2020-2024. The Ventura County Regional Consolidated Plan is a collaborative document between all incorporated cities and the unincorporated areas of Ventura County, California. Collaborating in the development of the Regional Consolidated Plan are the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Santa Paula, San Buenaventura (City of Ventura), Simi Valley, and Thousand Oaks. The Regional ConPlan document is to comply with the HUD requirement to submit the City of Oxnard's Annual Action Plan for plan year 2022.

In the Regional ConPlan, the priorities that need to be addressed for community development and housing needs of the City of Oxnard are identified. The AAP’s annually identify the resources available to address those needs identified in the Regional ConPlan, describe the activities that will be undertaken designed to meet the annual goals and objectives that relate to the identified needs as determined in the Regional ConPlan, describe the geographic areas targeted for assistance, include the Citizen Participation Plan, and set the basis for performance monitoring whereby results are measured as goals accomplished and outcome indicators.

Goals and objectives of the community needs identified in the Regional ConPlan will be accomplished by activities specified by the City’s AAPs. With the 2022 AAP, the City will implement activities that continue to strive to derive positive outcomes that were set forth as goals for the Regional ConPlan DRAFT
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period, Plan Year 2022. The current AAP will cover the period of July 1, 2022 to June 30, 2023 (plan year 2022). Herein are described the expected federal, state and local resources, the priorities and specific objectives the City desires to achieve, and the activities that will be undertaken throughout the 2022 plan year.

In recent years, the City’s allocation of entitlement grant funds from HUD has either increased or remained relatively unchanged but this year's allocation slightly decreased. The Plan year 2022 allocations are; Community Development Block Grant (CDBG) $2,365,280 a decrease of 2%, HOME Investment Partnerships (HOME), $855,503 an increase of 11% and Hearth Emergency Solutions Grant (HESG), $211,474 a decrease of 3%. Total HUD entitlement grant funds decreased by 1.9%, to $3,432,257.

The City's goals, as identified in the Regional ConPlan, can be found throughout this AAP, and are designed to principally serve extremely-low, low-, and moderate-income residents by addressing the following:
• Improve the Supply of Affordable Housing
• Enhance Economic Stability
• Increase Social Services
• Work to End Homelessness
• Create Quality Neighborhoods
• Effective Administration
The AAP describes the resources expected to be available in the coming program year from federal, state, local and private sources, and also includes a description of the activities that will be undertaken to meet the specific objectives.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City is being guided by HUD's Office of Community Planning Development Outcome Performance Measurement System to address the high priority needs stated in its Regional ConPlan. When funding an activity, the City determines which of three HUD objectives best describes the purpose of the activity.

The three objectives are:
• Suitable Living Environment (SL) - In general, this objective relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment.

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• Decent Housing (DH) - The activities that typically would be found under this objective are designed to cover the wide range of housing programs possible under HOME, CDBG or HESG.

This objective focuses on housing programs where the purpose of the program is to meet individual family or community needs and not programs where housing is an element of a larger effort, since such programs would be more appropriately reported under Suitable Livin g
E
nvironment.
• Creating Economic Opportunities (EO) - This objective applies to the types of activities related to economic development, commercial revitalization, or job creation.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City combines the information reported to HUD in the FY 2020-21 Consolidated Annual Performance and Evaluation Report (CAPER) and the directives from HUD in the determination and recommendation of the FY 2022-23 AAP proposed projects.

The three major program areas underlining CDBG, HESG and HOME entitlement grants, such as (1) Decent and Affordable Housing, (2) Suitable Living Environment, and (3) Economic Opportunities, coupled with the Continuum of Care (CoC) of Homelessness have received a high priority in the 2020-24 Regional ConPlan. The goals and accomplishments for Plan year 2022 are summarized in the attached table.

Accomplishments achieved during the program year (PY) 2020 (July 1, 2020 through June 30, 2021) were evaluated in detail in the PY 2020 CAPER. The CAPER was completed and submitted to HUD on November 17, 2021. Due to the Public Health Order response to COVID-19, the annual goals were difficult to meet throughout the fiscal year 2020-21. Stay at Home order were issued and activities were reduced significantly or halted in order to meet the health and safety of recipients. Therefore, subrecipient were unable to meet their performance goals in FY 2020-21.

4. Summary of Citizen Participation Process and consultation process SECOND ACTION PLAN AMENDMENT UPDATE- For purposes of the Action Plan Amendment, the public hearing is scheduled on December 27, 2022 during the Committee meeting and final approval by the City Council is scheduled on January 17, 2023. A 30-d ay public comment period was conducted between December 16, 2022 and February 21, 2023.

Comments are pending during the comment period.

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Summary from citizen participation section of plan.

As part of the AAP development, the City staff scheduled two public hearings: (1) December 15, 2021 and (2) May 17, 2022:

The Administrative Public Hearing-December 15, 2021 provided the opportunity for the public to comment on unmet community needs for FY 2022-23 AAP. As part of the development process of the AAP, City Staff developed a mailing list of more than 65 addresses consisting of organizations, the faith community, service providers; and cities within Ventura County were provided a copy of the public hearing in English and Spanish. The administrative public hearing notices in English and Spanish were included in the Neighborhood News packets which were distributed weekly for a month prior to the public meeting to approximately 230 Oxnard residents. The public hearing notice was published in the Vida newspaper in English and Spanish, posted on the City website. The public comment period started December 15, 2021 and ended on February 3, 2022. During the public comment period there were no written public comments submitted and one (1) verbal public comment was received during the public hearing.

Pursuant to Assembly Bill 361, members of the legislative body, members of the public and City staff may participate via teleconference. Consistent with City policies imposed to promote social distancing, the facility where the City Council, 305 West Third Street, Oxnard, California regularly meets was temporarily closed to the public. The Administrative Public hearing was held via video conference/teleconference.

Oxnard residents were encouraged to participate remotely by accessing a meeting link posted on the City's Housing Department website at oxnard.org/city-department/housing/grants-management/.

Oxnard residents were encouraged to submit comments via email before 3 p.m. to [email protected] and the comments will be provided during the meeting.

Second public hearing –May 17, 2022 (1) to provide the opportunity to the public to comment on the projects recommended for funding for FY 2022-23 AAP; and (2) to receive recommendations and direction from the City Council regarding the FY 2022-23 AAP grant funding. As part of the development process of the AAP, City Staff developed a mailing list of more than 65 addresses consisting of organizations, the faith community, service providers; and cities within Ventura County will be provided a copy of the public hearing in English and Spanish. The public hearing notices in English and Spanish were included in the Neighborhood News packets which were distributed weekly for a month prior to the public meeting to approximately 230 Oxnard residents. The public hearing notice was published in the Vida newspaper in English and Spanish, posted on the City website and broadcasted on the public viewing TV Channels 10/35. The public comment period started April 15, 2022 and end on May 17, 2022.

During the public comment period there were no written public comments submitted and one(1) verbal public comment was received during the public hearing.

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5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

FIRST ACTION PLAN AMENDMENT – All comments will be accepted, however, currently this information is pending throughout the 30-day public comment period.

First Administrative Public Hearing: December 15, 2021
During the first Public Hearing, there was (1) one verbal comment submitted. In addition, no written comments were submitted during the public comment period. The comment was presentation was very informative.

Second Public Hearing: May 17, 2022During the second Public Hearing, (1) one verbal comment submitted. In addition, no written comments were submitted during the public comment period. The comment was thanked the City for the support of agency.

6. Summary of comments or views not accepted and the reasons for not accepting them FIRST ACTION PLAN AMENDMENT – Comments pending during the 30-day public comment period. Final amendment will provide an update; however, all comments will be accepted for the record.

During the first Public Hearing, all comments were accepted.

During the second Public Hearing, all comments were accepted.

7. Summary
FIRST ACTION PLAN AMENDMENT – Comments pending during the 30-day public comment period. Final amendment will provide an update.

The City is committed to provide funds that serve the most disadvantaged residents while following HUD’s directives. The City increased awareness of the Annual Action Plan’s public review activities and process by providing the public notice in various ways.

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prior to the Hearing to approximately 230 Oxnard residents and broadcasted on the public viewing TV channel 10/35. The Public Hearings are in compliance with the Americans with Disabilities Act. If the public requires special assistance to participate in a meeting, the individual would contact the City Clerk’s Office. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for persons accessibility to the meeting. This notation is included on all city Agenda’s.

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency OXNARD
CDBG Administrator OXNARD Housing Department
HOPWA Administrator
HOME Administrator OXNARD Housing Department
ESG Administrator OXNARD Housing Department
HOPWA-C Administrator
Table 1 – Responsible Agencies
N
arrative (optional)
The City of Oxnard has designated the Housing Department’s Grants Management Division to develop the Annual Action Plan, the Comprehensive Annual Performance and Evaluation Report, and the Regional Consolidated Plan. The Housing Department‘s Grant Management Division will also act as grants management of several public and private agencies that will implement and administer programs and activities under the Plan.

Consolidated Plan Public Contact Information
City of Oxnard
Housing Department
435 South D Street Oxnard CA 93030
Phone: (805) 385-8096
E-mail: [email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Federal regulations require that a participating jurisdiction consult extensively with community service providers, other jurisdictions and other entities with a potential interest in or knowledge of that jurisdiction's housing and non-housing community development issues. Staff have developed and followed a detailed schedule which provides for and encourages citizen participation emphasizing the participation of persons of low- and moderate-income.

The regional consolidated plan and the annual action plan represent a comprehensive planning effort mainly led by Housing Department-Grants Management Division staff, with involvement of (1) local government experts; (2) the social service community; (3) residents; and, (4) consultation with other local HUD entitlement communities. The following items are examples of the consultations efforts:
• Grants Management Division staff work closely with other City staff members such as:

Affordable Housing and Rehabilitation; Homeless Assistance Program; Development Services; Utilities; Treasury; Oxnard Housing Authority; Community Development Services; Code Compliance; Geographical Information System; Recreation and Community Services; and Finance to ensure that careful consideration is given to the City's identified needs, and that programs and services are cost-effective and meet specific goals and objectives in order to develop and implement the Regional ConPlan and the AAP. • City staff members in the Department and/or Divisions; Affordable Housing and Rehabilitation, Homeless Assistance Program, Development Services, Utilities, Treasury, Oxnard Housing Authority, Community Development Services, Code Compliance, Geographic al
I
nformation System, Recreation and Community Services and Finance provide supportive services as needed to accomplish ConPlan development efforts. • Housing staff during the fiscal year cycle continue to provide HUD program workshops to social s
ervice agencies and the opportunities for the residents to participate in the public hearings. • The Housing staff finalized the City of Oxnard Analysis of Impediments to Fair Housing (AI), which is required by HUD to be submitted once every five years. In January of 2019, the City and the County of Ventura agreed to collaborate on the production of the AI, which was completed and adopted by the Oxnard City Council in May of 2020.

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The City engaged Magellan Advisors in its development of a fiber master plan, and the City is also considering a broader discussion regarding broadband. The goal is to provide improved connectivity to underserved communities while also identifying opportunities for economic development. Oxnard is also collaborating with neighboring cities and the County of Ventura to improve connectivity within the region.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City consulted with the agencies/organizations while preparing the AAP, through public hearings, workshops, forum meetings, and training sessions (individuals and group discussions):
• The City of Oxnard City Council conducted two (2) public hearings, on 12/15/2021 and 5/17/2022, as prescribed in the Citizen Participation Plan. • A community Fair Housing workshop, free to the public, was conducted by the Housing Rights Center seminar is scheduled for May of 2021.
• Consultations with four affordable housing developers (Cabrillo Economic Development Corporation, Habitat for Humanity, People Self-Help Housing, and Many Mansions) were held throughout the year;
• Attended the regional Continuum of Care (CoC) meetings to discuss the application, homeless needs and program directions and strategies;
• The City of Oxnard Commission on Homelessness conducts monthly meetings; • Facilitated monthly meetings bringing together service providers and the Police Department’s Homeless Liaison Unit to coordinate services and planning; • Participated in Encampment Response Task Force meetings with Ventura County; • Participate in monthly Veterans Case Conferencing meetings with the CoC, Veterans Affairs and service providers;
• City Lead for Ventura County annual Homeless Point In Time Count; • Chair for a Regional Advisory Council for Mercy House (emergency shelter service provider); • Participate in monthly Community Intervention Court meetings with the police department, service providers, and city attorney
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Ventura County Continuum of Care Alliance (CoC) is a regional consortium covering all communities in Ventura County. The CoC is a collaborative group dedicated to promoting a safe, desirable and thriving community by ending homelessness in Ventura County. The CoC is comprised of a Board of Directors and five sub committees (Homeless Management Information System (HMIS) Steering DRAFT
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Committee, Data Performance and Evaluation, Public Information and Outreach, Coordinated Intake, and Housing Service and Coordination). Within these standing committees and the CoC body, are representatives from local housing authorities, homeless service providers, homeless health care, mental health, veterans' services, law enforcement, education, local homeless task forces, business leaders and city/county government representatives.

The coordination of housing assistance and services for homeless persons continues to be implemented through a broad range of public and private funding and service providers that reach: chronically homeless individuals and families with children, veterans, unaccompanied youth, the recently homeless and those at risk of becoming homeless. City staff participate as well on the City's Affordable Housing Team, OHA, the Homeless Committee, which is comprised of the Mayor Pro Tem and another City Council member. Other entities involved in the development of policy and implementation of the provision of services include the City Council-appointed Commission on Homelessness, regional bodies such as the Ventura County Housing and Homeless Coalition, the South Coast Collaborative Regional HMIS implementation committee, the Southern California Regional CoC Collaborative, and the Ventura County CoC Alliance.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The CoC's Data Performance and Evaluation Sub Committee is tasked with establishing performance measures and new policies and procedures for all homeless grant funds and activities. The HMIS Steering Committee is tasked with developing the policies and procedures that govern HMIS, which is administered by the County of Ventura.

City staff continue to work with the CoC to develop performance standards for and evaluation of outcomes for ESG-funded projects and activities. Through participation on regional sub-committees staff also continue to inform HMIS policies, procedures, operations and administration.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities.

Table on next page
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization CITY OF OXNARD
Agency/Group/Organization Type PHA
Services - Housing
Services-homeless
Service-Fair Housing
Grantee Department
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City of Oxnard Public Housing Authority and the Affordable Housing Division are under the direction of the Housing Director of the City of Oxnard, as is the Grants Management Division. A bi-monthly management meeting was held for all Housing staff, including OHA staff. The topics were comprehensive and specific with detailed instructions on handling the issues which can be related to housing, homelessness and/or community partnership. Because the OHA is a component unit of the City and a Division of the City Housing Department, coordination occurs on a daily basis.

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2 Agency/Group/Organization MERCY HOUSE
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Discussed outreach, case management and homeless services provided by Mercy House to support overnight shelter for the homeless.
3 Agency/Group/Organization PEOPLES SELF HELP
Agency/Group/Organization Type Non-Profit
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
During the current fiscal year People Self-Help Housing submitted a funding application requesting HOME program funding for the development of a 100% affordable housing development, known as Cypress Place at Garden City. The project will consist of two phases. HOME funding is being requested for the first phase, which will include a total of 90 rental units (inclusive of one unrestricted manager's unit).
4 Agency/Group/Organization Habitat for Humanity of Ventura County Agency/Group/Organization Type Non-Profit CHDO
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
During the current fiscal year Habitat for Humanity requested a HOME program funding application for development of a new project. However, Habitat for Humanity has not submitted an application yet.

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5 Agency/Group/Organization Many Mansions
Agency/Group/Organization Type Non-Profit CHDO
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Many Mansions submitted a funding application for development of an 87 unit development in downtown, known as Central Terrace Apartments in 2020.

While the City initially considered HOME funds as the funding source, the City instead provided City in-lieu funds. In 2022 Many Mansions secured all funding necessary to move forward with this project and is estimated to begin construction in June 2022. The development will be 100% affordable and will provide 8 City in-lieu units and will also be receiving 35 Project Based Vouchers from the Oxnard Housing Authority to provide 35 permanent supportive housing units to homeless households and will also provide on-site supportive services.

Many Mansions is in the process of obtaining land use approvals for Phase II of their downtown development, Phase II of their development is known as Aspire Apartments. Many Mansions has expressed interest in submitting an application for HOME-ARP funding for this project or the use of other funds, for a gap- financing loan, but given that the City is still required to complete a community engagement process and submit a plan to HUD to determine the use of HOME- ARP funds, the City is not able to consider any applications for use of these funds at this time.
6 Agency/Group/Organization CABRILLO ECONOMIC DEVELOPMENT CORPORATION Agency/Group/Organization Type Non-Profit CHDO
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Cabrillo applied for HOME CHDO development assistance funds to construct 57- rental units which will include housing for farmworker families, located at the corner of Pleasant Valley Road and Etting Road, Oxnard, CA 93033. The Housing Department previously issued a conditional letter of approval to Cabrillo for this development, however, given that the conditional approval was for a 42 unit development which has now been increased to 57 units, the Housing Department is currently in the process of reviewing their updated application for consideration of HOME funds.
7 Agency/Group/Organization THE KINGDOM CENTER
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
ADA compliance and resource development
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The Kingdom Center was toured by staff and determined areas of the facility that could be upgraded, enhanced and modified to promote greater access for persons with disabilities. In 2020-2021, architectural plans were completed for the project, and it is anticipated that the construction phase of the project will commence in 2022. The project includes not only ADA improvements and increased accessibility in the exterior of the complex, but also an expansion of bathroom capacity to meet the needs of the client population. 8 Agency/Group/Organization County of Ventura Human Services Agency Agency/Group/Organization Type Services-homeless
Services-Health
Other government - County
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What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Created and implemented a coordinated plan conducting encampment response at a large homeless encampment. The City conferred with the Ventura county Public Health Department regarding addresses of housing units wherein children have been identified as lead-poisoned in the City of Oxnard. Prior to implementation of the 2022 Annual Action Plan, the City will receive a list of addresses if such a list exists. Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead- based paint, as applicable inspections requirements. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant households reporting or having been discovered to have poisoned children or any child with "Environmental Intervention Blood Lead Level"(EBLL). OHA staff provides a brochure related to lead based paint hazards to all new program participants and tenants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements. 9 Agency/Group/Organization Housing Rights Center
Agency/Group/Organization Type Service-Fair Housing
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What section of the Plan was addressed by
Consultation?
Fair Housing, Discrimination
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City contracts with a professional fair housing service provider, the Housing Rights Center (HRC), through a regional agreement with the County of Ventura.

The HRC provides fair housing counseling, discrimination complaint investigation, complaint processing, and dispute resolutions services for Oxnard tenants, home seekers, and housing providers. In addition, twice every year the HRC staff provides free fair housing training seminars for the public, along with a bi-annual training presented to the staff of the Oxnard Housing Authority and city housing staff on their fair housing obligations and responsibilities.

Identify any Agency Types not consulted and provide rationale for not consulting Not Applicable

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of
Care
Ventura County CEO's
Office
The goals of the Strategic Plan overlap with the goals of each plan by ensuring homeless persons have access to adequate services to help reduce the incidence of homelessness.

Oxnard Housing
Authority Agency
Plan
Oxnard Housing
Authority
The OHA Plan presents the program policies and procedures related to Public Housing units and the Section 8 housing program, which overlaps with the AAP for delivering and providing affordable housing units to Oxnard residents. OHA is currently administering 15 set aside homeless preference vouchers per fiscal year, 77 VASH vouchers, 46 Emergency Housing vouchers, 10 Family Unification vouchers and 40 Mainstream vouchers.

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Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Oxnard
Housing Element
State of California
Housing and Community
Development (HCD)
The City's updated 6th Cycle 2021-2022 Housing Element, which the City adopted in October 2021, identifies and analyzes the current and future housing needs of residents within the City of Oxnard (City) and establishes housing goals, policies, and programs to meet the needs of certain special populations and provide adequate development opportunities for the private and non-profit sectors. The housing requirements of lower income households and special needs groups are given particular attention.

Regional Housing
Needs Allocation
(RHNA)
Southern California
Association of
Governments (SCAG)
The City is in the region covered by the Southern California Association of Governments (SCAG). For each Housing Element planning cycle, SCAG is required to determine the Regional Housing Need Assessment (RHNA) allocation for each city and unincorporated county areas within the SCAG region. For the 2021-2029 6th Cycle Housing Element period, SCAG has allocated to the City 8,549 dwelling units, of which 2,911 units are required to be affordable to lower income households and 1,538 are affordable to moderate income households Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
Implementation of the 2022 Action Plan requires coordination and compliance with the local and regional needs established by the City of Oxnard, County of Ventura, Southern California Association of Governments and the State of California.

California state law requires Metropolitan Planning Organizations (MPOs) to determine the existing and projected housing need for their regions. The County of Ventura and City of Oxnard are part of the Southern California Association of Governments (SCAG) MPO, which also includes Los Angeles, Orange, Riverside, San Bernardino, and Imperial counties. For each Housing Element planning cycle, SCAG determines the share of existing and projected housing need by affordability level using the Regional Housing Need Assessment (RHNA) process for its 192 member jurisdictions.

City of Oxnard’s General Plan contains a Housing Element that makes “adequate provision for the existing and projected housing needs of all economic segments of the community.” The Housing Element must be revised and updated every eight years after 2010 due to SB 375. A community is not obligated to actually provide housing to all in need but the Regional Housing Needs Allocation (RHNA) is a “distribution of DRAFT
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housing development capacity” that each city and county must zone for in a planning period for all economic levels, though the housing requirements of lower income households and special needs groups are given particular attention. RHNA is integral to the development of a Sustainable Community Strategy. The Housing Element is a planning document, requiring the City to plan for meeting its “fair share” of the regional housing market need. The RHNA sets local housing and land use capacity goals to support future growth, including transit oriented, mixed use and infill development.

The time frame during which housing accomplishments towards the RHNA can be counted (RHNA cycle) is June 30, 2021 through October 31, 2029. The City seeks to conserve and rehabilitate existing housing as well as provide opportunities for new development. The 2021-2029 SCAG RHNA determined that 2,911 units are required to be affordable to lower income households and 1,538 are affordable to moderate income households.

The City Housing Department’s mission is to promote the general welfare of the City by remedying unsafe and substandard housing, and by relieving the shortage of affordable housing for City residents. This mission is consistent with the City’s General Plan and laws governing our housing funds and resources. The purpose of the Housing Department is to provide decent, safe, attractive, sanitary, and well maintained housing for eligible low and very low income families in a manner that promotes commitment, exemplary customer service, economy, efficiency, and the social well-being of the residents.

All City housing projects undertaken with federal funds from HUD or other state or federal funding source must comply with the requirements of the City’s Housing Element, General Plan, SCAG, State of California Housing and Community Development Department (HCD) and HUD.

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Table on next page
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Citizen Participation Outreach
Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
1 Public Hearing
Minorities
N
on-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Non-
targeted/broad
community
Residents of
Public and
Assisted Housing
Administrative
Public Hearing
occurred on
December 15,
2021; Multiple
persons attended
the public hearing
1st Public
Hearing- (1)
verbal comment
was presentation
was very
informative. Poll
results were
street
improvement,
increase
affordable
housing,
homebuyer
assistance and
youth program
are most
needed.

All comments
accepted NA
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
2 Newspaper Ad
Non-
targeted/broad
community
Advertisement for
the public hearing
notice and the 30-
day public
comment period
was published in
the Vida
newspaper in
English and
Spanish on
November 11,
2021; English and
Spanish versions of
Notices were
broadcasted on
Public Channel
10/35, Public
Notices regarding
Public Hearings
sent out to Oxnard
Residents, 65
notices mailed out,
and Notices were
posted on the City
of Oxnard website
both in Spanish
and English.

No comments
were received
No comments were
received NA
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
3 Entitlement
Grant
Workshops
Minorities
N
on-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Non-
targeted/broad
community
Residents of
Public and
Assisted Housing
Interested
parties/applicati
on for grant
funds
9 people attended
the Workshop for
CDBG and HESG
Comments were
application
timeline, low/
moderate area
map, SAMs
number,
homeless person
income
verification,
additional
documents for
application
All comments
accepted NA
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4 Resident Survey
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Non-
targeted/broad
community
5 people
submitted
Resident survey to
provide need in
the community.

Survey provided in
English & Spanish.

Comments are
kitchen at senior
center for hot
meals; ADA
compliance on
sidewalk corners,
new restrooms in
parks, air filter
units in public
buildings such as
colonia library,
rec, multi service
center and senior
apts. Community
safety, actively
address
homeless issues
that affect
community
safety; OPAC
rehabilitation; Fix
most transit
streets such as
Gonzalez Road;
City needs to
complete the
mitigations of
specific plans
before the city
All comments
accepted NA
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
approves new
specific plans
5 Public Hearing
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing

Low/mod
income Oxnard
residents
Second public
hearing will be
held on May 17,
2022
2nd Public
Hearing
comments - (1)
one verbal
comment was:
thanked the City
for the support
of their agency.

All comments
accepted NA
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
6 Newspaper Ad
Non-
targeted/broad
community
Advertisement for
2nd public hearing
notice and the 30-
day public
comment period
was published in
the Vida
newspaper in
English and
Spanish on April
14, 2022; English
and Spanish
versions of Notices
were broadcasted
on Public Channel
10/35, Public
Notices regarding
Public Hearings
sent out to Oxnard
Residents, 65
notices mailed out,
and Notices were
posted on the City
of Oxnard website
both in Spanish
and English.

No Comments
were received
No Comments were
received NA
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
7 Internet
Outreach
Non-
targeted/broad
community
Not Measured No comments
received
No Comments
Received
https://www.oxnard.org/
city-
department/housing/gra
nts-management/
8 P
ublic Hearing
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Non-
targeted/broad
community
Residents of
Public and
Assisted Housing
Low/mod
income Oxnard
residents
Pu
blic hearing will
be held on
December 27,
2022 or soon
thereafter
P
ublic Hearing
comments -
pending
S
ummary pending N
A
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
In Plan year 2022, the formula grant calculations of HUD allocations to City of Oxnard are CDBG $2,365,280, HOME $855,503 and HESG $211,474, a total of $3,432,257 in entitlement grants from HUD. In addition, estimated program income of $100,000 for CDBG programs and $100,000 for HOME programs. This will increase total available resources from the 2022 Plan year to $3,632,257. The source of program income comes principally from repayment of loans and recaptures from defaults. Those funds will be used towards meeting the goals and objectives of DRAFT
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the 2022 AAP.

Anticipated Resources
Table on next page.

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
2,365,280 100,000 3,155,447
2,465,280
5,620,757 5,325,046
Block grant from HUD to address
housing, community development, and
economic development needs.2022
CDBG Allocation and Program income is
$2,465,280 available resources from
CDBG Plan year 2022. Uses of the
available resources will be according to
the funding priorities set forth in the
ConPlan. The specific Activities will be
set up in IDIS. The uses of funds will be
capped according to the HUD
regulations for: (1) Admin and Planning -
no more than 20%, or $493,056 and (2)
Public Services up to 15%, or $369,792.

The 2022 balance will be distributed as
Public Improvements & Other Programs
as detailed by the City during the AAP
process.

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA 855,503 100,000

3,179,639
955,503
4,135,142 1,436,168
Grant from HUD to address affordable
housing needs. In plan year 2022, HOME
Allocation is $855,503 and expected
program income is $100,000; total of
$955,503. Uses of funds are; (1)
Administration - no more than 10% or
$95,550 and (2) CHDO Set Asides - at
15% or $128,325. In addition, $731,628
is available for housing development. In
addition to the CHDO set-aside.

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid re-housing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
211,474 0 0 211,474 409,697
Grant from HUD to address needs and
services for homeless persons or
persons at risk of becoming homeless.

Plan year 2022 Available resources for
HESG is $211,474. The limited
availability of HESG resources is spread
across the uses identified in this table.
1) HESG Administration and Planning
costs are no more than 7.5% or $15,861
and (2) Emergency Shelter and Street
Outreach cost is no more than 60%, or
$126,883. The 2022 balance will be
distributed as Homeless Prevention,
HMIS, & Rapid Re-Housing eligible
activities as detailed by the City during
the AAP process.

Other public -
federal
Other
0 0 0 0 0
Allocated in PY 2020, $5,255,055 in ESG-
CV funding to prevent, prepare for, and
respond to the coronavirus pandemic
among individuals and families who are
homeless or receiving homeless
prevention activities to mitigate impacts
of COVID-19
Table 5 - Expected Resources – Priority Table

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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
CDBG funds are leveraged by city and subrecipients providers with government agency, in-kind, private foundations and contributions monies who provide services to low/moderate income persons. Affordable housing developments utilizing HOME funds typically use HOME monies to leverage millions of dollars in state, federal, and private financing. HESG funds are leveraged by non-profit agencies providers with government agency, in-kind, private foundations, Ventura County Continuum of Care monies who provide critical services such as assisted housing, services and shelter to vulnerable populations who are at-risk of becoming homelessness or homeless persons and families. HOME funds are matched at a greater than 25% level by recipients of HOME funds, city, and other participants. HOME has an excess match of $11,509,957 as indicated in the HOME Match Report. HESG funds are matched dollar for dollar by subrecipients’ providers. The city matched for Administration portion only.

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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The city property leased for homeless shelter at 1450 S. Rose Ave, Oxnard, CA Temporary Emergency Shelter at 351 South K Street, Oxnard, CA Oxnard Housing Authority Public Housing Sites
Discussion
The resources for 2022 AAP will accomplish more activities but will not meet all the needs prevalent throughout the city.

Allocated in PY 2020, CARES Act funding is included in "Other" section in table above, $3,088,367 in CDBG-CV funds to be used to prevent, prepare for and respond to the coronavirus and $5,255,055 in ESG-CV funding to prevent, prepare for, and respond to the coronavirus pandemic among individuals and families who are homeless or receiving homeless prevention activities to mitigate the impacts of COVID-19. CDBG-CV and ESG-CV allocation in 2020-21.

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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Improve Supply of
Affordable
Housing
2020 2024 Affordable
Housing
New Rental Housing
Housing Support and
Stability
Homeownership
Opportunities
Rehabilitation &
Preservation of
Existing Housing
CDBG:
$518,362
HOME:
$859,953
$4,039,592
Rental units constructed: 5 16
Household Housing Unit
Homeowner Housing
Rehabilitated: 7 0 Household
Housing Unit
Direct Financial Assistance to
Homebuyers: 10 Households
Assisted
2 Enhance Economic
Stability
2020 2024 Non-Housing
Community
Development
Increase Job Skills
Facade Improvements
Local
Entrepreneurship
CDBG:
$184,726
$544,726
Businesses assisted: 4 6
Businesses Assisted
Jobs Retained /Created: 5
3 Increase Social
Services
2020 2024 Non-Homeless
Special Needs
Assistance for Senior
Residents
Social Services
Youth Activities and
Services
CDBG:
$369,792
$358,012
Public service activities other
than Low/Moderate Income
Housing Benefit: 1500 1400
Persons Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
4 Work to End
Homelessness
2020 2024 Homeless Homelessness ESG:
$195,613
Tenant-based rental assistance
/ Rapid Rehousing: 8
Households Assisted
Homeless Person Overnight
Shelter: 145 Persons Assisted
Other: 80 Other
5 Create Quality
Neighborhoods
2020 2024 Non-Housing
Community
Development
Parks and Community
Space
CDBG:
$899,344
Public Facility or Infrastructure
Activities other than
Low/Moderate Income
Housing Benefit: 15000
Persons Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 Effective
Administration
2020 2024 Planning and
Administration
New Rental Housing
Housing Support and
Stability
Homeownership
Opportunities
Rehabilitation &
Preservation of
Existing Housing
Assistance for Senior
Residents
Increase Job Skills
Facade Improvements
Local
Entrepreneurship
Social Services
Youth Activities and
Services
Homelessness
Streets and
Streetscapes
Parks and Community
Space
Disaster Planning and
Recovery
Utilities and Public
Infrastructure
CDBG:
$493,056
HOME:
$95,550
ESG: $15,861
Other: 0 Other
Table 6 – Goals Summary

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Goal Descriptions

1 Goal Name Improve Supply of Affordable Housing
Goal
Description
Create and preserve stable, safe, and resilient affordable housing opportunities for homeowners and renters including special needs groups such as farmworkers, persons with disabilities, and the elderly throughout Ventura County. 2 Goal Name Enhance Economic Stability
Goal
Description
Enhance economic stability and prosperity by increasing economic opportunities for residents through job skills training and promotion of local entrepreneurship.
3 Goal Name Increase Social Services
Goal
Description
Increase access to health and wellness services, youth activities, senior activities, and social service activities for residents. 4 Goal Name Work to End Homelessness
Goal
Description
Work alongside the Ventura County Continuum of Care to end homelessness within Ventura County by providing housing, emergency shelter, and social services to homeless persons or those at risk of homelessness. 5 Goal Name Create Quality Neighborhoods
Goal
Description
Enhance access to quality, resilient, and livable neighborhoods by improving publicly owned facilities and infrastructure such as parks, streets, sidewalks, and community buildings, including improving accessibility to meet Americans with Disabilities Act (ADA) standards.
6 Goal Name Effective Administration
Goal
Description
Create and maintain effective housing and community development programs that address the priority needs listed within the Consolidated Plan, comply with all U.S. Housing and Urban Development (HUD) requirements, and achieve the goals and objectives set out by each Ventura County jurisdiction.

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Projects
AP-35 Projects – 91.220(d)
Introduction
FIRST ACTION PLAN AMENDMENT UPDATE – Through the mid-year reallocation four projects are being proposed for CBDG and two projects are being proposed for HOME. The proposed CDBG projects are: 1450 South Rose Ave - additional funding to complete the rehabilitation project; Cypress Place Acquisition for site and surrounding improvements; Economic Development- Commercial Rehabilitation for small business site improvements; Transitional Age Youth- Housing/Acquisition/Development for special population housing for youth timing out of foster care. Two projects previously awarded are being defunded due to projects cancelled are Residential Rehabilitation Loan Program and Caregivers senior program. The proposed HOME projects are Etting Road – new construction project and and Cypress Place new construction project.

These are 2022 Plan year Projects designed to accomplish the goals and objectives of the 2022 AAP. The 2022 Projects will organize Activities in IDIS under the Projects setup in this section of AAP. The Projects are New Rental Housing, Housing Support and Stability, Economic Opportunity, Rehabilitation and Preservation, Assistance for Senior Residents, Other Public Services, Youth Activities and Services, Homelessness, Parks and Community Space, and Administration and Planning.

Projects
# Project Name
1 NEW RENTAL HOUSING
2 HOMEOWNERSHIP OPPORTUNITIES
3 ECONOMIC OPPORTUNITES
4 REHABILITATION AND PRESERVATION
5 ASSISTANCE FOR SENIOR RESIDENTS
6 OTHER PUBLIC SERVICES
7 YOUTH ACTIVITIES AND SERVICES
8 HOMELESS ASSISTANCE
9 PARKS AND COMMUNITY SPACE
10 ADMINISTRATION
Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The allocation priorities are based on the annual needs identified in coordination with other city departments. Public service allocations are determined by the participation from other providers to meet the goals of the ConPlan. HOME funds are balanced between development projects and single DRAFT
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family housing needs. HESG allocation are targeted exclusively for the needs of the homeless population.

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AP-38 Project Summary
Project Summary Information
Table on Next page.

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1 Project Name NEW RENTAL HOUSING
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed New Rental Housing
Funding UPDATE HOME: $859,953 $3,560,000 & Unallocated Amount of $479,592 = 4,039,592
Description UPDATE- PARTICIPATION IN HOUSING DEVELOPMENT FUNDING

ASSISTANCE

ETTING ROAD - NEW CONSTRUCTION AND ACTIVITY DELIVERY COST CYPRESS PLACE – NEW CONSTRUCTION AND ACTIVITY DELIVERY COST

Target Date 6/30/2024
Estimate the
number and type
of families that will
benefit from the
proposed activities

UPDATE-
5 LOW INCOME HOUSEHOLDS
ETTING ROAD – 11 HOUSING UNITS
CYPRESS PLACE – 15 HOUSING UNITS

Location
Description

CITY OF OXNARD, CALIFORNIA
Planned Activities UPDATE: FINANCIAL ASSISTANCE TO A COMMUNITY HOUSING

DEVELOPMENT ORGANIZATION FOR THE DEVELOPMENT OF ETTING ROAD AT LEAST 11 HOUSING UNITS AND 15 HOUSING UNITS OF CYPRESS PLACE FOR LOW INCOME HOUSEHOLDS IN OXNARD. THIS PROJECT INCLUDES 15% OF HOME ALLOCATION SET ASIDE FOR CHDO'S.
2 Project Name HOMEOWNERSHIP OPPORTUNITIES
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Homeownership Opportunities
Funding CDBG: $235,619
Description DOWN PAYMENT ASSISTANCE
Target Date 6/30/2023
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Estimate the
number and type
of families that will
benefit from the
proposed activities
10 HOUSEHOLD HOUSING UNIT
Location
Description

VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD
Planned Activities VENTURA COUNTY COMMUNITY DEVELOPMENT CORPORATION WILL

PROVIDE FINANCIAL DOWN PAYMENT ASSISTANCE FOR LOW- AND
MODERATE-INCOME HOUSING HOUSEHOLDS IN OXNARD.
3 Project Name ECONOMIC OPPORTUNITES
Target Area
Goals Supported Enhance Economic Stability
Needs Addressed Local Entrepreneurship
Rehabilitation

Funding UPDATE: CDBG: $184,726 $544,726
Description BUSINESS ASSISTANCE AND REHABILITATION
Target Date 6/30/2023
Estimate the
number and type
of families that will
benefit from the
proposed activities
5 JOBS REATERINED/CREATED (CORRECTION) BUSINESS ASSISTED UPDATE- 6 BUSINESS ASSISTED

Location
Description

VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD AND LOW- AND

MODERATE INCOME AREAS
Planned Activities ECONOMIC DEVELOPMENT COLLABORATIVE WILL PROVIDE BUSINESS

ASSISTANCE FOR BUSINESS IN LOW- AND MODERATE-INCOME AREAS

UPDATE- COMMERCIAL REHABILITATION OF DOWNTOWN AND SOUTH

OXNARD SMALL BUSINESSES IN LOW- AND MODEARTE-INCOME AREA OXNARD

4 Project Name UPDATE: CANCELLED REHABILITATION AND PRESERVATION Target Area
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Goals Supported Improve Supply of Affordable Housing
Needs Addressed Rehabilitation & Preservation of Existing Housing Funding UPDATE: ACTIVITY CANCELLED CDBG: $282,743 $0
Description REHABILITATION OF HOUSING UNITS
Target Date 6/30/2023
Estimate the
number and type
of families that will
benefit from the
proposed activities
UPDATE: 0 7 HOUSEHOLDS HOUSING UNITS
Location
Description

VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD
Planned Activities CITY OF OXNARD AFFORDABLE HOUSING AND REHABILITATION DIVISOIN

WILL PROVIDE LOANS FOR REHABILITATION OF HOMEOWNER UNITS FOR

LOW-MODERATE INCOME HOUSEHOLDS
5 Project Name ASSISTANCE FOR SENIOR RESIDENTS
Target Area
Goals Supported Increase Social Services
Needs Addressed Assistance for Senior Residents
Funding UPDATE: CDBG: $68,329 $56,549
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2022 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR SENIOR SERVICES TO INCREASE THE

QUALITY OF LIFE
Target Date 6/30/2023
Estimate the
number and type
of families that will
benefit from the
proposed activities
UPDATE: 100 85 PERSONS WILL BE ASSISTED WITH SENIOR SERVICES Location
Description
CITY-WIDE; VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD
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Planned Activities UPDATE: ACTIVITY CANCELLED
1) ASSISTING WITH DAILY NEEDS FOR SENIORS BY CAREGIVERS

VOLUNTEERS ASSISTING THE ELDERLY AND CITY OF OXNARD
RECREATION AT 2) PALM VISTA SENIOR CENTER
6 Project Name OTHER PUBLIC SERVICES
Target Area
Goals Supported Increase Social Services
Needs Addressed Social Services
Funding CDBG: $42,412
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2022 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR HOMELESS SERVICES AND HEALTH CARE SERVICES.

Target Date 6/30/2023
Estimate the
number and type
of families that will
benefit from the
proposed activities
55 LOW-INCOME INDIVIDUALS WILL BE ASSISTED WITH SUBSIDIZED HEALTH CARE SERVICES AND 445 HOMELESS INDIVIDUALS WILL BE ASSISTED WITH EMERGENCY SHELTER AND SERVICES.

Location
Description

VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD
Planned Activities 1) EMERGENCY SHELTER FOR HOMELESS BY COUNTY OF VENTURA HUMAN SERVICES AGENCY RAIN PROGRAM, 2) HOMELESS SERVICES BY SHELTER CARE RESOURCES AND 3) SUBSIDIZED HEALTH CARE SERVICES BY

LIVINGSTON MEMORIAL VISITING NURSES ASSOCIATION
7 Project Name YOUTH ACTIVITIES AND SERVICES
Target Area
Goals Supported Increase Social Services
Needs Addressed Youth Activities and Services
Funding CDBG: $259,051
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2022 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR YOUTH RECREATIONAL AND
EDUCATIONAL PROGRAMS; YOUTH FROM LOW- AND MODERATE-
INCOME HOUSEHOLDS.

Target Date 6/30/2023
DRAFT
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Estimate the
number and type
of families that will
benefit from the
proposed activities

900 YOUTH WILL BE ASSISTED WITH YOUTH SERVICES/RECREATIONAL

AND EDUCATIONAL PROGRAMS IN LOW-MODERATE NEIGHBORHOODS Location
Description

VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD
Planned Activities CITY OF OXNARD RECREATION AT 1) COLONIA MEMORIAL PARK GYM, 2) SOUTHWINDS YOUTH CENTER AND 3) POLICE ACTIVITIES LEAGUE AND 4)

CREATIVE YOUTH DEVELOPMENT BY OXNARD PERFORMING ARTS CENTER

CORPORATION
8 Project Name HOMELESS ASSISTANCE
Target Area
Goals Supported Work to End Homelessness
Needs Addressed Homelessness
Funding ESG: $211,474
Description HEARTH Emergency Solutions Grant funds to provide financial assistance to various service providers for Emergency Shelter and Street Outreach subject to 60% Cap; Homeless Prevention, Rapid Re-Housing, and HMIS activities to serve homeless individuals and families, and those at-risk of becoming homeless. Street Outreach and Emergency Shelter activities will be limited to 60% of HESG allocation estimated, or $26,883.

Administration and planning cost subject to caps (7.5% of allocation), estimated $15,861. All HESG subrecipients are required by the City of Oxnard to provide matching funds of a dollar for every dollar HESG grant dollars received.

Target Date 6/30/2023
Estimate the
number and type
of families that will
benefit from the
proposed activities
KINGDOM CENTER WILL PROVIDE EMERGENCY SHELTER TO 135
INDIVIDUALS; TURNING POINT FOUNDATION WILL PROVIDE EMERGENCY SHELTER TO 10 INDIVIDUALS; MERCY HOUSE WILL PROVIDE RAPID REHOUSING TO 8 HOUSEHOLDS; THE SALVATION ARMY WILL PROVIDE STREET OUTREACH TO 80 INDIVIDUALS
Location
Description

VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD
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Planned Activities 1) THE KINGDOM CENTER WILL PROVIDE EMERGENCY SHELTER AND , 2)TURNING POINT FOUNDATION WILL PROVIDE EMERGENCY SHELTER, 3) MERCY HOUSE WILL PROVIDE RAPID REHOUSING, 4) STREET OUTREACH WILL BE PROVIDED BY THE SALVATION ARMY AND 5) CITY OF OXNARD

WILL PROVIDE ADMINISTRTAION AND PLANNING
9 Project Name PARKS AND COMMUNITY SPACE
Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Parks and Community Space
Funding CDBG: $899,344
Description PUBLIC IMPROVEMENTS OF PUBLIC PARKS AND COMMUNITY SPACE

WITHIN LOW- AND MODERATE INCOME AREAS
Target Date 6/30/2023
Estimate the
number and type
of families that will
benefit from the
proposed activities

THIS PROJECT WILL ACCOUNT FOR TANGIBLE IMPROVEMENTS TO PUBLIC

IMPROVEMENTS IN LOW-MOD CENSUS TRACT NEIGHBORHOODS,
ESTIMATED AT 15,000 PERSONS
Location
Description

LOW AND MODERATE INCOME AREAS
Planned Activities CITY OF OXNARD, PUBLIC WORKS DEPARTMENT - COURT RECONSTRUCTION AND RESURFACING AT OXNARD PARKS: 1)
SOUTHWINDS PARK, 2) COMMUNITY CENTER EAST PARK, 3) BECK PARK, 4) LEMONWOOD PARK, 5) WILSON PARK, 6) ORCHARD PARK, 7) COLONIA PARK, AND 8) SEA AIR PARK
10 Project Name ADMINISTRATION
Target Area NA
Goals Supported Effective Administration
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Needs Addressed New Rental Housing
Housing Support and Stability
Homeownership Opportunities
Rehabilitation & Preservation of Existing Housing
Assistance for Senior Residents
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Streets and Streetscapes
Parks and Community Space
Disaster Planning and Recovery
Utilities and Public Infrastructure
Funding CDBG: $493,056
HOME: $95,550
Description ADMINISTRATION AND PLANNING COSTS SUBJECT TO CAPS FOR EACH FUNDING SOURCE; CDBG (20% of Allocation & PI) AND HOME (10% of Allocation & PI)
Target Date 6/30/2023
Estimate the
number and type
of families that will
benefit from the
proposed activities

ADMINISTRATION AND PLANNING ACTIVITIES WILL BENEFIT FAMILIES CITYWIDE. AN ESTIMATED 202,000 PERSONS WILL BENEFIT FROM THIS ACTIVITY OF WHICH OVER 60% ARE LOW- AND MODERATE- INCOME RESIDENTS.

Location
Description

CITYWIDE
Planned Activities COORDINATION OF ALL CDBG AND HOME ADMINISTRATION AND

PLANNING ACTIVITIES
11 Project Name AQUISITION & DEVELOPMENT
Target Area NA
Goals Supported Improve Supply of Affordable Housing
Needs Addressed New Rental Housing

DRAFT
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Funding CDBG: $2,472,000

Description CYPRESS PLACE ACQUISITION – SITE AND SURROUNDING

IMPROVEMENTS AND ACTVITY DELIVERY COSTS

TRANSITIONAL AGE YOUTH- HOUSING/ACQUISITON/DEVELOPMENT-

SPECIAL POPULATION HOUSING FOR YOUTH TIMING OUT OF FOSTER

CARE AND ACTIVITY DELIVERY COST
Target Date 6/30/2024
Estimate the
number and type
of families that will
benefit from the
proposed activities
1) 90 HOUSEHOLDS
2) 20 HOUISNG UNITS
Location
Description

CITYWIDE
Planned Activities 1) CYPRESS PLACE ACQUISITION AND 2) TRANSITIONAL AGE YOUTH-

HOUSING/ACQUISITON/DEVELOPMENT FOR LOW- AND MODERATE-
INCOME
12 Project Name INFRASTRUCTURE AND PUBLIC FACILITIES
Target Area NA
Goals Supported Infrastructure & Public Facilities
Needs Addressed Utilities and Public Infrastructure
Funding CDBG: $ 618,000
Description ADDITIONAL FUNDS FOR REHABILITATION OF HOMLESS SHELTER Target Date 6/30/2024
Estimate the
number and type
of families that will
benefit from the
proposed activities
24 LOW- INCOME PERSONS
Location
Description
HOMELESS SHELTER REHABILITATION AT 1450 SOUTH ROSE AVE
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Planned Activities ADDITIONAL FUNDS TO COMPLETE PROJECT DRAFT
505

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed

Geographic Distribution
Target Area Percentage of Funds

Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically The need for affordable housing (funded from CDBG and HOME) is present throughout the City. CDBG funds for public improvements are based on LMI persons within LMA Neighborhoods. Economic development is allocated based on the percentage of LMI persons jobs created on a citywide basis.

Regarding the Public Services category of the CDBG funds, the proposed projects will focus on the basic needs of the residents such as health care, essential and supportive services, as well as housing services.

The special population such as seniors, homeless and youth will continue to receive their funding for the healthcare needs, education needs, shelter support and recreational needs.

HESG allocations are based on the limited clientele are distributed citywide.

HOME funds are distributed based on the income eligibility of the clients and citywide basis. The Homeownership program as well as the Housing Rehabilitation program: homeowners will improve the beautiful appearance of the home and the safety of the neighborhood.

Discussion
As always, the City of Oxnard will continue to look for available public and private resources and creative ways to fund the needy programs.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Lower-income households continue to pay a high percentage of their income for housing, compared to other income groups. A large percentage of lower-income renters tend to experience overcrowding and inadequate housing conditions as housing problems. In order to help provide decent and affordable housing, and improve the social and economic status for LMI households in Oxnard, the following programs will be available during the next program year:

1. Homeownership Assistance Programs

2. Rehabilitation of Single-Family and Mobile home Housing Units

3. Construction of new affordable dwelling units
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 15
Special-Needs 0
Total 15
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 5
Rehab of Existing Units 0 7
Acquisition of Existing Units 10
Total 15
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
City of Oxnard's Affordable Housing Division (AHRD) offers CDBG grants funds for rehabilitation of owner-occupied single family housing and mobile homes for local residents. Ventura County Development Corporation (VCCDC) will utilize CDBG grant funds for Oxnard residents to provide a down- payment assistance program. AHRD will also continue to provide financial assistance to Community Housing Development Organizations (CHDO) and affordable housing developers to develop affordable housing units throughout the City subject to available funding and as permitted by the funding DRAFT
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source. Loan information is provided to interested residents at homeownership fairs, workshops, and on the City of Oxnard's Housing Department website.

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AP-60 Public Housing – 91.220(h)
Introduction
Oxnard Housing Authority (OHA) currently administers 520 public housing units, 1,890 Section 8 rental assistance vouchers, which includes 77 VASH vouchers, 40 Mainstream vouchers, 10 Family Unification vouchers, 46 Emergency Housing vouchers, and provides support services through its Resident Services program and Family Self-Sufficiency (FSS) program. The needs of public housing residents are supported with a Resident Services program which offers a variety of services to families and youth on-site. The FSS program supports and promotes public housing and Section 8 families with homeownership opportunities and economic self-sufficiency. The FSS Program provides one-on-one counseling and individual assistance to families that participate in this program. Marking flyers for the residential rehabilitation program and the home buyer program are also available in the City's Housing Department lobby.

Actions planned during the next year to address the needs to public housing Modernization projects for the public housing units, where most needed, are funded through its Capital Fund program. Each year, in its Annual Plan and Statement, the Capital Fund Program re-prioritizes those projects identified in the 5 year plan.

For Fiscal year 2022/23, the following capital improvement projects for public housing units are planned:
• OHA Wide Improvements related to Pre-HUD REAC Inspections $190,000 • OHA Wide Electrical improvements $450,000 • Cal 31-3 Colonia Village Landscaping improvements $100,000 Total Planned projects for 2023 $ 740,000 Actions to encourage public housing residents to become more involved in management and participate in homeownership
Homeownership opportunities are promoted by offering public housing families homeownership counseling services by Ventura County Community Development Corporation (VCCDC). In addition, families are informed of these services through its Family Self-Sufficiency Program and distribution of flyers to all households.

Public housing residents are encouraged to participate in public housing tenant associations that DRAFT
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advocate on behalf of tenants to support efforts to improve public housing stock and living conditions.

DRAFT
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Jurisdictions that receive federal funds for homeless assistance are typically required to conduct a Point In Time Count (PIT) of homeless persons each year. Due to the COVID-19 pandemic and a surge during the month of January, Ventura County requested and was granted an extension to complete the count in February. The PIT count was completed on February 23 2022, the City of Oxnard participated as a city lead in participation with the Police Department’s Homeless Liaison Unit.

The "Ventura County 2022 Homeless Count and Subpopulation Survey: Final Report", published in April 2022. The report is at the following website: https://s33020.pcdn.co/wp-content/uploads/2021/03/VC- 2022-Homeless-Count-Report-FINAL.pdf
In summary, the PIT count is a snapshot of homeless people who could be enumerated on one specific day. The 2022 PIT counted 463 unsheltered homeless persons and 330 sheltered homeless persons; a total of 793 homeless persons in Oxnard.

The City responded to the COVID-19 pandemic by expanding shelter space to a second location across the street from the main site on K street. Following a COVID-19 outbreak, the shelter reduced capacity to 80 following guidance from Public Health. Oxnard has launched an effort to develop a new construction mixed-use development that will include a new and replacement navigation center and 110-bed homeless shelter plus other support services and fifty-six units of permanent supportive housing. We expect that this new project will be in operation within 1.5 to 2 years and will continue operating the shelter at the K street location until that time.

The City continued working with the Salvation Army to provide street outreach services that includes practical assistance, housing navigation, employment assistance, health navigation and crisis intervention with the ultimate goal of transitioning chronically-homeless individuals towards stable housing. The Street Outreach Team coordinates with Mercy House and the Oxnard Navigation Center as well as the Homeless Liaison Officers with the Oxnard Police Department.

This year, we partnered with Ventura County Health Care Agency to enact an encampment response DRAFT
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program. The program consists of a street outreach team along with non-congregate emergency shelter by using motel rooms. This project involves proactive engagement with people living in encampments throughout the city, and relocation assistance to emergency shelter where clients are connected with a case manager to work towards a housing plan.

Addressing the emergency shelter and transitional housing needs of homeless persons The emergency shelter and transitional housing needs of homeless persons are currently being addressed by several service providers throughout Ventura County. The emergency shelter needs in the area are met by the following providers: Mercy Housing in operation of the Oxnard Navigation Center, Ventura County Rescue Mission - single men over the age of 18 with rotating stay schedule, 10 nights in/5 nights out; Kingdom Center - emergency shelter for single women and women with children; Lighthouse Mission for Women and Children - single women and women with children; and Turning Point Foundation - mentally ill individuals.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
There are many providers that are working diligently to assist homeless persons from not only finding housing, but also to prevent further incidents of homelessness. The Oxnard Housing Authority has the use of Homeless Set Aside vouchers in issuance of Housing Choice Vouchers and is actively offering permanent housing opportunities. Specific vouchers that the Oxnard Housing Authority uses to address homelessness are Homeless Set Aside Vouchers, Mainstream housing vouchers that are prioritized for non-elderly adults with disabilities who are currently homeless or leaving an institution, and Emergency Housing Vouchers through the American Rescue Plan Act.

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homelessness as they have also done in the recent past.

OHA works in conjunction with the Veteran Administration to administer 77 housing vouchers for homeless veterans under the VASH program. This program targets chronically homeless veterans.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

Discussion
The CoC has incorporated each of the following goals of Opening Doors into its 20-year plan to end DRAFT
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homelessness:

2. Preventing and ending homelessness among veterans by providing permanent supportive housing beds, in addition to Section 8 HUD VASH vouchers.

All of the above objectives are still in progress and will be folded into a regional plan and strategy lead by the County of Ventura.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Certain barriers to affordability are imposed by the mandates created by State Law (such as preparing and adopting a General Plan and conducting environmental reviews), are adopted for safety or civil rights reasons (such as the imposition of seismic construction standards in quake-prone areas, or requiring compliance with accessibility or visibility design standards), or enacted to remedy or prevent a specific local issue (such as requiring landscaping to deter graffiti). The term “barrier” should not be interpreted in the context that local development standards and development review procedures are inhibiting the provision of quality affordable housing that would otherwise be developed, but are the cumulative effect of the development requirements imposed by the layers of government regulations and laws that impact residential development.

Discussion:

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AP-85 Other Actions – 91.220(k)
Introduction:

The City will implement the goals and strategies of the Consolidated Plan to achieve the other actions listed in the next section.

Actions planned to address obstacles to meeting underserved needs The City will continue to utilize available resources to fund administrative support activities to meet the underserved needs in the community. The City will continue to work with the appropriate state agencies to administer the assets of the former redevelopment agency in the appropriate manner, and to the benefit of the LMI community whenever possible and feasible. Limited availability of funding from federal, state and other sources;
High cost of housing and provisions in the area which increases the difficulty of meeting affordable housing needs;
Reduced or frozen funding from state and other sources due to inadequate state revenue; the housing and credit crisis causing a negative effect;
A tight job market has produced an increased demand for production of new housing which is not being met, increasing home prices. Salaries are not commensurate with the high cost of housing in this market. These two factors combine to exacerbate the affordability crisis; and, Credit crisis has limited the availability of capital to develop housing for low-and moderate-income households and special needs groups. City staff will address the challenges of existing and new obstacles in PY 2022 by focusing on the following programmatic and administrative areas: Staff will continue to research the availability of future funding resources that leverage the development of affordable housing units, inclusive of grants, bond financing, Section 108 funding and partnering with other affordable housing developers. CDBG and other funds will be used to fund administrative support for programs that serve the needs of LMI citizens citywide. This is especially critical now that no redevelopment agency funding is available, given that redevelopment agencies no longer exist in California. Staff will continue to collaborate with private-sector partners when appropriate in the development and construction of affordable housing. Staff will continue to collaboratively work with the service provider community, non-profit organizations, and neighboring cities and local governmental agencies within the County of Ventura to identify projects that also meet federal community development program eligibility and which can comply with timely draw-down requirements.

Actions planned to foster and maintain affordable housing

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Actions planned to reduce lead-based paint hazards
Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead-based paint, as applicable. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant households reporting or having been discovered to have poisoned children or any child with “Elevated Blood Lead Level”. OHA staff provides a brochure related to lead based paint hazards to all new tenants and program participants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements.

Actions planned to reduce the number of poverty-level families Eliminating poverty is a clear concern in Oxnard and Ventura County in general. Efforts are constantly underway to improve the quality of life and economic well-being of the residents through collaborative efforts of the following agencies and their programs to provide needed skills for individuals seeking jobs and thereby getting them out of poverty:
• City Corp
• Oxnard Housing Authority
• County of Ventura-Human Services Agency
• City's youth programs such Police Activities League programs, Colonia Gymnasium and Southwinds Youth Center programs
Actions planned to develop institutional structure
Extensive public and private partnerships have been established and organized to address the City's housing, homeless, and community development needs: Entitlement Grants workshops and training, Affordable Housing workshops for homeowners, Fair Housing training and other scheduled meetings (such as Pre-construction meetings, Commission on Homelessness meetings, and meetings with County Continuum of Care Council, Housing Committee meetings).

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meetings and task force.

Discussion:

The City anticipates new inclusionary affordable housing to be developed within several proposed specific plans and other new projects, including the Central Terrace Apartments, which will include 9 City inclusionary units as well as 77 other 100% affordable units. The 2nd and B project (Homeless Solutions Center) will provide 6 City inclusionary units as well as 49 other 100% affordable units. Based on a thorough review, the City does not believe that the current inclusionary housing program is a constraint to the development of housing in addition to the incentives and concessions currently being offered and conversations with local developers who have been able to work within the requirement of the inclusionary housing program and produce housing. To further ensure the program does not pose a constraint, the City has included a monitoring process.

Other actions that the City of Oxnard will continue to improve compliance assessment for all its HUD funded programs and projects by 1) monitoring program and financial performance; 2) compliance with Environmental review: each project is reviewed for compliance with the National Environmental Protection Act. The City will utilize a consulting agreement to assist and perform the environmental reviews for housing developments and facility improvement projects, more complicated, and time consuming projects; 3) Labor Compliance Act: the City reviews and perform the contract administration of all CDBG-funded construction projects; 4) Section 3 Compliance: this function is also performed by the City; 5) Procurement and Purchasing: The City has its own procurement and purchasing policies managed by staff in the Finance Department; 6) Partnerships with Citizen Advisory Groups: Inter- Neighborhood Council Forum, Commission on Homelessness, Parks and Recreation and Community Services Commission, Mobilehome Park Rent Review Board, and Senior Services Commission.

Continued Actions planned to foster and maintain affordable housing:

The affordable housing additive zones, adopted on October 19, 2021 via Ordinance 2999, are zoning designations that provide opportunities for the development of affordable residential housing to help the City reach its regional housing needs allocation (RHNA).

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

Other forms of local investments for housing that may be available to projects include financing DRAFT
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from the City’s in-lieu fees, CDBG, and Permanent Local Housing Allocation (PLHA) funding. Additionally, the City also provides homebuyer assistance through the use of program income received from BEGIN and CALHOME State funded grant programs.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

Refer to Questions # 3 for Resale Provisions & procedures.

Recapture:

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

Refer to Question #2 for Recapture provisions and procedures.

Resale
Provisions

The City currently does not have any plans to invest HOME funds in this type of activity.

Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (may include as attachment) The City does not provide any direct assistance under the HESG program. All written standards vary by service providers and assistance type. However, all providers must ensure recipients meet the minimum qualifications established by HUD for each eligible funded activity. HESG Policies and Handbook is in the process of updating and will be provided to all HESG subrecipients when finalized.

2. If the Continuum of Care has established centralized or coordinated assessment system that DRAFT
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meets HUD requirements, describe that centralized or coordinated assessment system.

3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).

The process for making all sub-awards for HESG recipients are as follows:
a. The City formally posts the Notice of Available Funds (NOFA) in the regional newspaper, on the City's website, and emails and paper mail are sent to all existing and potential service providers from Ventura to Los Angeles.
b. All interested agencies attend information workshop/application training on the process, which includes all deadline dates and times.
c. Interested agencies then submit their application, project overview and qualifications d. The funding recommendations are adjusted to meet the available resources and cap requirements; reviewed by management and then submitted to the City Council for approval. e. All applicants are contacted and urged to attend the City Council meeting in which the items fall on the agenda. All supporting comments and grievances are done at this time. f. The Mayor and City Council directs the City Manager and staff to move forward with final processing.
g. Staff prepare all contracts for execution. Additionally, all internal processes are completed in order to encumber funds to each individual agency.
h. Contracts are completed and services can begin on July 1. i. All HESG contracts are awarded for two years

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5. Describe performance standards for evaluating ESG.

PERFORMANCE MEASURES
Performance measures are in place to ensure the efficient administration of all HESG funded activities. Additionally, along with the utilization of the HMIS, these measures will hopefully help to reduce the length of time of family and individuals remain homelessness, reduce the overall incidence of homelessness, and monitor the overall use of emergency shelters. Some of the activity measures are as follows:
• Emergency Shelters: Excluding winter shelters, must be able to document placement of a minimum of 10 percent of the homeless persons or households served in the Program Year into transitional or permanent housing.
• Transitional Housing: must be able to document placement of a minimum of 50 percent of the households who completed the transitional housing program in the Program Year into permanent housing. "Household" is defined as all clients including single individuals and families. • Rapid Re-housing: must show continued housing of clients receiving assistance for at least three months after receiving assistance. This should be done via case management of clients, documentation and HMIS entry and exit dates.
• Eviction Prevention: must show continued housing of clients receiving assistance for at least three months. This should be done via case management of clients, documentation and HMIS entry and exit dates.
• All clients, with the exception of victims of domestic violence, must be entered into the Regional HMIS within 15 days of receiving service(s), and must be exited from the system within 30 day of program completion or termination.
• MINIMUM STANDARDS: Sub-grantees are expected to have taken steps to meet the Minimum Standards for Homeless Programs within thirty days of executing the Program Year contract. • BUILDING AND HABITABILITY STANDARDS: Any building for which HESG funding is used for renovation, major rehabilitation or conversion must meet local government safety and sanitation standards. In addition, the Sub-Grantee must meet a number of basic standards to ensure that shelter and housing facilities funded through the HESG program are safe, sanitary and adequately maintained.
• MONITORING: City staff will monitor the use of grant funds through a combination of a thorough review of submitted reports, review of audit or financial statements, and monitoring and site visits.

The City will continue to develop and implement eligible activities using the grant funds and through the monitoring and review processes and techniques in order to comply with the federal specific requirements.

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funds to invest in the various programs in order to assist the homeless population toward the goal of reduction and ending homelessness. Also, HESG limits the cost categories for administration and planning to 7.5% or $15,861 and 60% for street outreach and emergency shelter $126,883; total $142,744 for those cost categories. The remaining balance, a total of $68,730 or 32.5% towards rapid re-housing support.

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524

CITY OF OXNARD HOUSING - GRANTS DIVISION
2022-2023 MID-YEAR REALLOCATION BUDGET

PROGRAM NEW ACTIVITY

ADDITIONAL/

REVISED FUNDS REASON FOR REALLOCATION

CDBG
($ 294,523)

RESIDENTIAL REHABILITATION HAS BEEN POSTPONED AND CAREGIVERS

PROGRAM HAS BEEN CANCELED
GABRIEL’S HOUSE
1450 S. ROSE AVE REHABILITATION $ 950,000
CONSTRUCTION COSTS HAVE INCREASED – FUNDS TO COMPLETE

REHABILITATION PROJECT
GABRIEL’S HOUSE 1450 S. ROSE AVE
REHABILITATION ACTIVITY-CONSULTING SVCS $ 18,000 A DDITIONAL FUNDS FOR PREVAILING WAGE AND LABOR SERVICES CYPRESS PLACE – SITE AND OFF-SITE
IMPROVEMENTS $1,500,000 SITE PREPAR ATION AND OFF-SITE IMPROVEMENTS CYPRESS PLACE ACTIVITIES – ACTIVITY
DELIVERY COSTS FOR CONSULTING SERVICES $ 27,500 A DDITIONAL FUNDS FOR PREVAILING WAGE AND LABOR SERVICES ACTIVITY-DELIVERY COSTS $ 54,500

STAFF, CONSULTANT, AND OTHER PROJECT-RELATED EXPENSES FOR CDBG- SPECIFIC PROJECTS. $25,000 FOR HOUSING AUTHORITY PROJECT MANAGEMENT.

NEW PROJECTS TOTAL: $2,550,000

PRIOR YEARS’ UNALLOCATED
FUNDS: $3,554,923

REALLOCATED FUNDS TO NEW
PROJECTS: $ 294,523
NEW PROJECTS TOTAL: ($2,550,000)
NEW CDBG UNCOMMITTED BALANCE $ 1,299,446

525

CITY OF OXNARD HOUSING - GRANTS DIVISION
2022-2023 MID-YEAR REALLOCATION BUDGET

PROGRAM

PRIOR/CURRENT

ACTIVITY
FY20-21

EXPENDITURES NEW ACTIVITY
FUNDS
NEEDED

NEW NTE

TOTALS REASON FOR REALLOCATION

CDBG-CV

GRANTS ADMINISTRATION $175,977.68 $36,829.32 $212,807

CONTINUE ADMINISTERING

PROGRAM
ENCAMPMENT RESPONSE $147,256.70 $352, 743.30 $500,000 CONTINUE SERVICES OHA – RENTAL ASSISTANCE $141,410.36 $58,589.64 $200,000 PROJECT CLOSED EDC – BUSINESS ASSISTANCE
PROGRAM $81,026.88 $218,973.12 $300,000 CONTINUE SERVICES OHA PREVENTION SVCS $300,000 $300,000

NEW SERVICES FOR HOUSING

STABILIZATION THROUGH COVID
PAL REHABILITATION $450,000 $450,000
REHABILITATION OF PAL – CONVERT

PAL BACK FROM TEMPORARY

SHELTER TO YOUTH CENTER

FIRE PARAMEDICINE/PPE $229,103.85 $0 $0 PROJECT CLOSED FOOD SHARE $136,930.00 $0 $0 PROJECT CLOSED
COMMUNITY SVCS –
SANITATION PROGRAM $27,589.63 $0 $0 PROJECT CLOSED
COMMUNITY SVCS – HMLSS
SHELTER PAL $0 $0 $0 PROJECT CLOSED
REC – HOMEWORK SITES $54,656.45 $0 $0 PROJECT CLOSED
HOMELESS OUTREACH $0 $0 $0 PROJECT CLOSED
VOCATIONAL JOB DEV $0 $0 $0 PROJECT CLOSED

BUSINESS IMPROVEMENT-
S.OXNARD $0 $0 $0 PROJECT CLOSED
CAVC HMLSS SERVICES $0 $0 $0 PROJECT CLOSED
Totals: $1,050,559.97 $1,417,135.38 $1,962,807
CDBG-CV Available Funds: $2,037,807.03
$3,088,367.00 $75,000.03

NEW CDBG-CV UNCOMMITTED

BALANCE

526

CITY OF OXNARD HOUSING - GRANTS DIVISION
2022-2023 MID-YEAR REALLOCATION BUDGET

PROGRAM NEW ACTIVITY

ADDITIONAL/

REVISED FUNDS NEW TOTAL REASON FOR REALLOCATION
HOME
CONSULTING SERVICES – ETTING RD $ 71,000 $ 71, 000 ADDITIONAL FUNDS FOR PREVAILI NG WAGE AND LABOR SERVICES ETTING ROAD – NEW CONSTRUCTION
(DELORES HUERTA GARDENS APTS) $1,854,000 $1,854,000

FUNDING FOR ETTING ROAD AFFORDABLE HOUSING
DEVELOPMENT.

CYPRESS PLACE – NEW CONSTRUCTION $1,600,000 $1,600,000

FUNDING FOR CYPRESS PLACE AFFORDABLE HOUSING
DEVELOPMENT.

CONSULTING SERVICES – CYPRESS PLACE $ 41,400 $ 41,400 ADDITIONAL FUNDS FOR PREVAI LING WAGE AND LABOR SERVICES ACTIVITY-DELIVERY COSTS $ 35,000 $ 35,000 STAFF AND OTHER PR OJECT-RELATED EXPENSES TOTAL: $3,601,400 $3,601,400

HOME AVAILABLE FUNDS (CARRYOVER+PI): $4,135,142
TOTAL COMMITTED FUNDS: $3,601,400
BALANCE AFTER FUNDING COMMITMENTS: $ 533,742

527

SUBSTANTIAL AMENDMENT
TO THE
FISCAL YEAR 2020-21 AND 2022-23

ANNUAL ACTION PLANS
Emilio Ramirez, Director
Housing Department
City Council
February 21, 2023
528
Purpose of Mid-Year Reallocations

1.Slow and no-spending occurrences for awarded projects

2.New projects have been identified that can utilize CDBG, CDBG-CV, and HOME funding

3.CDBG-CV has six years to expend all funds; 80% of the funds must be expended by year 3 - March 2, 2024

4.Higher performing projects that can use funds have been identified and are located in Attachment 3 for review and consideration

5.Substantial Amendments (Major Changes to the Annual Action Plans) to be submitted to HUD for approval for updated projects within the current fiscal year
2 529
3 Community Development Block Grant
530
Community Development Block Grant Deobligation
2022-23 Activity Award Amount Reason for Defunding
Residential
Rehabilitation $282,743
Residential
Rehabilitation program
postponed
Caregivers Volunteer
Assisting the Elderly $11,780 Caregivers program
cancelled
2022-23 CDBG
Uncommitted Funds $294,523
4 531
Community Development Block Grant Reallocation
Prior Activity Award Amount New Activity Proposed
Amount
Reason for
Reallocation
Gabriel’s
House Rehab $352,000 Increased
Rehab Cost $950,000 Construction
None None Gabriel’s
House Rehab $18,000 Monitoring
None None Cypress Place
Affordable $1,500,000 Demolition/
Infrastructure
None None Cypress Place
Affordable $27,500 Monitoring
None None Activity
Delivery Costs $54,500 Staff and
Consultants
Proposed Reallocation CDBG Total $2,550,000
5 532
Community Development Block Grant Reallocation
CDBG Reallocation Funding
Prior Year Funds Available $3,554,923
Reallocated Funds $294,523
Available Balance $3,849,446
Proposed New Commitments in this Amended Plan $2,550,000 Remaining Uncommitted Balance $1,299,446
6 533
CARES ACT Community Development Block Grant
7 534
Prior Activity Proposed Funding Reason For Reallocation Business Assistance
Program $300,000 Additional funds
Post-PAL Shelter Rehab $450,000 Rehab to the PAL after
homeless shelter use
Homeless Encampment
Response $500,000 Additional funds
Housing Authority
Homeless Prevention $300,000 Provide services to clients to retain housing
Community Development Block Grant-CV Reallocation
8 535
Prior Activity Proposed Funding Reason For Reallocation OHA Rental Assistance
Program $200,000 Reduce to $200,000 to
close out program
Administration $212,807 Additional $36,829 for
administration
Funds Expended to Date $1,050,559
Additional Funds Needed $1,417,135
Total CDBG-CV
Reallocation $1,962,807
Community Development Block Grant-CV Reallocation
9 536
Community Development Block Grant-CV Reallocation
CDBG-CV Funding
CDBG-CV Available Funds $2,037,807
New Project Totals ($1,962,807)
CDBG-CV Uncommitted Balance $75,000
10 537
11 HOME Investment Partnerships
538
12 Identified Activity Proposed Amount New Commitments
Dolores Huerta
Development $1,854,000 42 Affordable Housing Units
Dolores Huerta Activity
Delivery $71,000 Compliance Monitoring
Consulting Services
Cypress Place
Development $1,600,000 90 Affordable Housing Units
Cypress Place Activity
Delivery $41,400 Compliance Monitoring
Consulting Services
Activity Delivery Costs $35,000 Staff & HOME-Project
Related Expenses
Proposed HOME Total $3,601,400
HOME Investment Partnerships Mid Year Budget
539
HOME Funding
HOME Available Funds $4,135,142
Proposed Activities Total ($3,601,400)
HOME Balance $533,742
HOME Investment Partnerships
13 540
It is recommend that the City Council:

1. Conduct a public hearing and receive public comments related to the Substantial Amendment of the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans;

3. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the Amendments to HUD;

4. Authorize the City Manager and his designees, to execute the appropriate agreements with subgrantees, and to adjust any of the activities funding, not to exceed ten percent, if the programs require more or less funding to meet their objectives;
Recommendations
14 541

4. Authorize the City Manager and his designees, to incorporate any recommended changes resulting from public input to each of the aforementioned plans, as directed by the City Council, including amending any budget appropriations approved by the City Council; and

5. Authorize the Finance Department to make the necessary revenue and expenditure changes to the fiscal year reflecting the amended budgets for reallocations described in the 2022-2023 and 2020-2021 mid-year budgets.

Recommendations
15 542
End of Presentation
16 543

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: February 21, 2023

TO: City Council

FROM: Denise Olson, Interim Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: FY 21-22 Annual Comprehensive Financial Report and Summary Presentation. (40 minutes)

RECOMMENDATION

That the City Council receive the FY 2021-22 Comprehensive Annual Financial Report (CAFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.

(This item is scheduled to be presented to the Finance and Governance Committee on February 14, 2023.)

(Presentation will be live upon consultant's request.)

BACKGROUND

Eadie + Payne, LLP will present its audit opinion of the City of Oxnard’s financial statements, which consist of the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information as of June 30, 2022, and the respective changes in financial position.

Under generally accepted accounting principles in the United States, the financial statements are the responsibility of management, not of the legislative body that oversees management. Therefore, City Council is requested simply to receive the audit presentation from Eadie + Payne, not to approve or endorse or otherwise vote on the financial statements.

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

At the time of agenda publication, this item is scheduled to be presented to the Finance and Governance Committee on February 14, 2023. Staff will provide an update on the Committee outcome during the February 21 City Council meeting.

Prepared by: Eadie + Payne

ATTACHMENTS

1. FY2021-2022 Oxnard ACFR

2. Audit Report Presentation
544

545
546
547

CITY OF OXNARD, CALIFORNIA

CONTENTS
JUNE 30, 2022
PAGE

INTRODUCTORY SECTION
L e t t e r o f T r a n s m i t t a l ...................................... i Certificate of Achievement for Excellence in Financial Reporting ............. v E l e c t e d O f f i c i a l s ....................................... v i i City of Oxnard Organizational Chart ............................. v i i i

FINANCIAL SECTION
Independent Auditor's Report ................................. 1 Management's Discussion and Analysis ........................... 5 Basic Financial Statements
Government-Wide Financial Statements:

S t a t e m e n t o f N e t P o s i t i o n ................................ 2 5 S t a t e m e n t o f A c t i v i t i e s .................................. 2 6 Fund Financial Statements
Governmental Funds
B a l a n c e S h e e t .................................... 2 8 Reconciliation of the Balance Sheet of Governmental Funds to the S t a t e m e n t o f N e t P o s i t i o n ............................ 3 1 Statement of Revenues, Expenditures, and Changes in Fund Balances .... 3 2 Reconciliation of the Change in Fund Balances of the Governmental Funds t o t h e S t a t e m e n t o f A c t i v i t i e s .......................... 3 5 Proprietary Funds
S t a t e m e n t o f N e t P o s i t i o n .............................. 3 6 Statement of Revenues, Expenses, and Changes in Net Position ........ 4 0 S t a t e m e n t o f C a s h F l o w s .............................. 4 2 Fiduciary Funds
Statement of Fiduciary Net Position ......................... 4 6 Statement of Changes in Fiduciary Net Position .................. 4 7 Notes to the Basic Financial Statements
I. Summary of Significant Accounting Policies
A. Reporting Entity ................................. 4 8 B. Financial Stat ements Presentation ....................... 4 9 C . N e w A c c o u n t i n g P r o n o u n c e m e n t s ....................... 5 5 D. Cash and Investments .............................. 5 8 E . R e c e i v a b l e s ................................... 5 9 F. Leases ...................................... 5 9
548

P A G E
Notes to the Basic Financial Statements (Continued)
G . C a p i t a l A s s e t s .................................. 6 0 H. Compensated Absences ............................ 6 1 I . N e t P e n s i o n L i a b i l i t y ............................... 6 1 J. Other Post-Employment Benefits (OPEB) .................. 6 2 K . D e f e r r e d O u t f l o w s / I n f l o w s o f R e s o u r c e s .................... 6 2 L. Fund Equity ................................... 6 3 M. Property Taxes .................................. 6 5 N. Utility Revenue .................................. 6 6 O . U s e o f E s t i m a t e s ................................. 6 6 P. Budgets and Budgetary Accounting ...................... 6 7 Q . E n c u m b r a n c e s .................................. 6 7 R . J o i n t V e n t u r e s .................................. 6 7

Oxnard City CouncilFebruary 21, 2023

Oxnard City Council
February 21, 2023