Agenda packet — Oxnard City Council, March 21, 2023 (part 2 of 9)

2/22/2023
Contractor's Price Proposal - Detail
135
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Fashion Park
22 42 39 00 0217 1/2" NPT x 3/8" Compression Chrome, Quarter Turn Dual Angle Stop (SharkBite 25558)
65 EA $2,427.60
Installation x x = 1,959.76
Quantity Unit Price Factor Total

42.00 41.22 1.1320
Demolition 42.00 x 9.84 x 1.1320 = 467.83
new angle stops installed in each apartment 21 apartments Subtotal for Fashion Park $238,199.68
Fremont Way
01 31 33 00 0007 Electrician Minimum ChargeThis task should not be used in conjunction with any other tasks utilizing this labor trade, unless approved by owner. Task quantity is 1, unless approved by owner.
66 EA $5,623.03
Installation x x = 5,623.03
Quantity Unit Price Factor Total

6.00 827.89 1.1320
for safe off and reconnection of countertop outlets as well as disconnect existing garbage disposal outlet . 2 units per day. 12 units in complex. 6 days
01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 67 EA $916.89
Installation x x = 916.89
Quantity Unit Price Factor Total

1.00 809.97 1.1320
for debris
06 41 13 00 0008 12" Wide, 35" High x 23-3/4" Deep, Single Drawer and Single Door, Solid Maple Face Frame, Door and Drawer Front, Base Cabinet
68 EA $9,732.94
Installation x x = 9,231.14
Quantity Unit Price Factor Total

24.00 339.78 1.1320
Demolition 24.00 x 18.47 x 1.1320 = 501.79
removal of existing and installation of new. 2 units per apartment. 12 Apartments 06 41 13 00 0016 36" Wide, 35" High x 23-3/4" Deep, Single Drawer and Double Door, Solid Maple Face Frame, Door and Drawer Front, Base Cabinet
69 EA $25,020.91
Installation x x = 22,762.03
Quantity Unit Price Factor Total

36.00 558.55 1.1320
Demolition 36.00 x 55.43 x 1.1320 = 2,258.88
removal of existing and installation of new. 3 units per apartment. 12 Apartments 06 41 13 00 0043 36" Wide, 12" High x 12" Deep, Double Door, Solid Maple Face Frame and Doors, Wall Cabinet
70 EA $16,860.33
Installation x x = 14,601.44
Quantity Unit Price Factor Total

36.00 358.30 1.1320
Demolition 36.00 x 55.43 x 1.1320 = 2,258.88
removal of existing and installation of new. 3 units per apartment. 12 Apartments 06 41 13 00 0068 18" Wide, 30" High x 12" Deep, Single Door, Solid Maple Face Frame and Door, Wall Cabinet
71 EA $4,978.13
Installation x x = 4,601.58
Quantity Unit Price Factor Total

12.00 338.75 1.1320
Demolition 12.00 x 27.72 x 1.1320 = 376.55
removal of existing and installation of new. 1 unit per apartment. 12 Apartments 06 41 13 00 0074 36" Wide, 30" High x 12" Deep, Double Door, Solid Maple Face Frame and Door, Wall Cabinet
72 EA $7,453.00
Installation x x = 6,700.04
Quantity Unit Price Factor Total

12.00 493.23 1.1320
Demolition 12.00 x 55.43 x 1.1320 = 752.96
removal of existing and installation of new. 1 unit per apartment. 12 Apartments

Page 8 of 12 ends

2/22/2023
Contractor's Price Proposal - Detail
136
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Fremont Way
73 11 30 13 13 0016 EA 36" Venting Range Hood (Broan 40000) $4,187.40 Installation x x = 3,346.01
Quantity Unit Price Factor Total

12.00 246.32 1.1320
Demolition 12.00 x 61.94 x 1.1320 = 841.39
removal of existing and installation of new. 1 unit per apartment. 12 Apartments 74 11 30 13 13 0084 EA 1/3 HP Insulated Garbage Disposal (GE GFC320V) $841.39 Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 249.98 1.1320
Demolition 12.00 x 61.94 x 1.1320 = 841.39
removal of existing garbage disposals. Not installing new units.12 Apartments 75 12 36 61 19 0005 SF 1-1/4" Thick, Quartz Agglomerate Countertop With Backsplash $43,572.04 Installation x x = 36,507.27
Quantity Unit Price Factor Total
264.00 122.16 1.1320
Demolition 264.00 x 23.64 x 1.1320 = 7,064.77
removal of existing and installation of new. 22 SF per apartment. 12 Apartments 76 12 36 61 19 0007 EA Cutout For Sink And/Or Faucet In Quartz Agglomerate Countertop $1,881.66 Installation x x = 1,881.66
Quantity Unit Price Factor Total

12.00 138.52 1.1320
one sink per apartment. 12 Apartments
77 22 01 40 81 0004 EA Removal And Replacement Of Chrome Supply Lines To Sink/Lavatory, Pair $357.12 Installation x x = 357.12
Quantity Unit Price Factor Total

12.00 26.29 1.1320
replace supply lines. 12 Apartments
78 22 01 40 81 0006 EA Removal And Replacement Of Double Bowl Sink/Lavatory Drain Line $772.39 Installation x x = 772.39
Quantity Unit Price Factor Total

12.00 56.86 1.1320
replace drain line. 12 Apartments
22 41 16 16 0003 33" x 21" x 6-1/2" Stainless Steel Kitchen Sink, Double Bowl, 20 Gauge (Elkay D233213)
79 EA $9,610.68
Installation x x = 8,248.61
Quantity Unit Price Factor Total

12.00 607.23 1.1320
Demolition 12.00 x 100.27 x 1.1320 = 1,362.07
removal of existing and installation of new. 12 Apartments 22 41 39 00 0006 Chrome Two Handle Kitchen Faucet With Spray, Three Hole Installation, 8" Center (Delta 2402LF-LHP+H215)
80 EA $3,044.17
Installation x x = 2,407.76
Quantity Unit Price Factor Total

12.00 177.25 1.1320
Demolition 12.00 x 46.85 x 1.1320 = 636.41
removal of existing and installation of new. 12 Apartments 22 42 39 00 0217 1/2" NPT x 3/8" Compression Chrome, Quarter Turn Dual Angle Stop (SharkBite 25558)
81 EA $1,387.20
Installation x x = 1,119.86
Quantity Unit Price Factor Total

24.00 41.22 1.1320
Demolition 24.00 x 9.84 x 1.1320 = 267.33
new angle stops installed in each apartment. 12 Apartments Subtotal for Fremont Way $136,239.28
General

Page 9 of 12 ends

2/22/2023
Contractor's Price Proposal - Detail
137
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
General
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
82 EA -$211,948.22
Installation x x = -211,948.22
Quantity Unit Price Factor Total
-211,948.22 1.00 1.0000
Discount offered to client
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
83 EA $16,665.00
Installation x x = 16,665.00
Quantity Unit Price Factor Total
15,150.00 1.00 1.1000
Bond 2%
Subtotal for General -$195,283.22
Hill Street
01 31 33 00 0007 Electrician Minimum ChargeThis task should not be used in conjunction with any other tasks utilizing this labor trade, unless approved by owner. Task quantity is 1, unless approved by owner.
84 EA $5,623.03
Installation x x = 5,623.03
Quantity Unit Price Factor Total

6.00 827.89 1.1320
for safe off and reconnection of countertop outlets as well as disconnect existing garbage disposal outlet . 2 units per day. 12 units in complex. 6 days
01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 85 EA $916.89
Installation x x = 916.89
Quantity Unit Price Factor Total

1.00 809.97 1.1320
for debris
06 41 13 00 0008 12" Wide, 35" High x 23-3/4" Deep, Single Drawer and Single Door, Solid Maple Face Frame, Door and Drawer Front, Base Cabinet
86 EA $9,732.94
Installation x x = 9,231.14
Quantity Unit Price Factor Total

24.00 339.78 1.1320
Demolition 24.00 x 18.47 x 1.1320 = 501.79
removal of existing and installation of new. 2 units per apartment. 12 Apartments 06 41 13 00 0016 36" Wide, 35" High x 23-3/4" Deep, Single Drawer and Double Door, Solid Maple Face Frame, Door and Drawer Front, Base Cabinet
87 EA $25,020.91
Installation x x = 22,762.03
Quantity Unit Price Factor Total

36.00 558.55 1.1320
Demolition 36.00 x 55.43 x 1.1320 = 2,258.88
removal of existing and installation of new. 3 units per apartment. 12 Apartments 06 41 13 00 0043 36" Wide, 12" High x 12" Deep, Double Door, Solid Maple Face Frame and Doors, Wall Cabinet
88 EA $16,860.33
Installation x x = 14,601.44
Quantity Unit Price Factor Total

36.00 358.30 1.1320
Demolition 36.00 x 55.43 x 1.1320 = 2,258.88
removal of existing and installation of new. 3 units per apartment. 12 Apartments

Page 10 of 12 ends

2/22/2023
Contractor's Price Proposal - Detail
138
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Hill Street
06 41 13 00 0068 18" Wide, 30" High x 12" Deep, Single Door, Solid Maple Face Frame and Door, Wall Cabinet
89 EA $4,978.13
Installation x x = 4,601.58
Quantity Unit Price Factor Total

12.00 338.75 1.1320
Demolition 12.00 x 27.72 x 1.1320 = 376.55
removal of existing and installation of new. 1 unit per apartment. 12 Apartments 06 41 13 00 0074 36" Wide, 30" High x 12" Deep, Double Door, Solid Maple Face Frame and Door, Wall Cabinet
90 EA $7,453.00
Installation x x = 6,700.04
Quantity Unit Price Factor Total

12.00 493.23 1.1320
Demolition 12.00 x 55.43 x 1.1320 = 752.96
removal of existing and installation of new. 1 unit per apartment. 12 Apartments 91 11 30 13 13 0016 EA 36" Venting Range Hood (Broan 40000) $4,187.40 Installation x x = 3,346.01
Quantity Unit Price Factor Total

12.00 246.32 1.1320
Demolition 12.00 x 61.94 x 1.1320 = 841.39
removal of existing and installation of new. 1 unit per apartment. 12 Apartments 92 11 30 13 13 0084 EA 1/3 HP Insulated Garbage Disposal (GE GFC320V) $841.39 Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 249.98 1.1320
Demolition 12.00 x 61.94 x 1.1320 = 841.39
removal of existing garbage disposals. Not installing new units. 12 Apartments 93 12 36 61 19 0005 SF 1-1/4" Thick, Quartz Agglomerate Countertop With Backsplash $43,572.04 Installation x x = 36,507.27
Quantity Unit Price Factor Total
264.00 122.16 1.1320
Demolition 264.00 x 23.64 x 1.1320 = 7,064.77
removal of existing and installation of new. 22 SF per apartment. 12 Apartments 94 12 36 61 19 0007 EA Cutout For Sink And/Or Faucet In Quartz Agglomerate Countertop $1,881.66 Installation x x = 1,881.66
Quantity Unit Price Factor Total

12.00 138.52 1.1320
one sink per apartment. 12 Apartments
95 22 01 40 81 0004 EA Removal And Replacement Of Chrome Supply Lines To Sink/Lavatory, Pair $357.12 Installation x x = 357.12
Quantity Unit Price Factor Total

12.00 26.29 1.1320
replace supply lines 12 Apartments
96 22 01 40 81 0006 EA Removal And Replacement Of Double Bowl Sink/Lavatory Drain Line $772.39 Installation x x = 772.39
Quantity Unit Price Factor Total

12.00 56.86 1.1320
replace drain line 12 Apartments
22 41 16 16 0003 33" x 21" x 6-1/2" Stainless Steel Kitchen Sink, Double Bowl, 20 Gauge (Elkay D233213)
97 EA $9,610.68
Installation x x = 8,248.61
Quantity Unit Price Factor Total

12.00 607.23 1.1320
Demolition 12.00 x 100.27 x 1.1320 = 1,362.07
removal of existing and installation of new. 12 Apartments 22 41 39 00 0006 Chrome Two Handle Kitchen Faucet With Spray, Three Hole Installation, 8" Center (Delta 2402LF-LHP+H215)
98 EA $3,044.17
Installation x x = 2,407.76
Quantity Unit Price Factor Total

12.00 177.25 1.1320
Demolition 12.00 x 46.85 x 1.1320 = 636.41
removal of existing and installation of new. 12 Apartments

Page 11 of 12 ends

2/22/2023
Contractor's Price Proposal - Detail
139
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Hill Street
22 42 39 00 0217 1/2" NPT x 3/8" Compression Chrome, Quarter Turn Dual Angle Stop (SharkBite 25558)
99 EA $1,387.20
Installation x x = 1,119.86
Quantity Unit Price Factor Total

24.00 41.22 1.1320
Demolition 24.00 x 9.84 x 1.1320 = 267.33
new angle stops installed in each apartment 12 Apartments Subtotal for Hill Street $136,239.28
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$757,900.00
The Percentage of NPP on this Proposal: %

Page 12 of 12 ends

2/22/2023
Contractor's Price Proposal - Detail
140
Subcontractor Listing
113054.00
OHA - Cabinet Install at Housing Authority
IQC Master Contract #: CA-R7-GB06-123021-MDJ
Work Order #:

Owner PO #:

Title:

Re:

Date: February 22, 2023
Proposal Value:

Contractor: MDJ Management
$757,900.00
Name of Contractor Duties Amount %
Bentley Construction Group $583,000.00 76.92

6.00

Page 1 of 1 ends

2/22/2023
Subcontractor Listing
141
Quality construction and ease of installation make
the 42000 the popular choice in vertically-ducted
economy hoods.

FEATURES
•Rocker-type fan and light switches
•Polymeric blade and light lens (accepts up to 75W bulb) •Washable aluminum filter
•Mitered sides and hemmed bottom for safety and good
looks
•Model BP87 double-leaf damper (available separately or included with 42000D Series)
•Contemporary styling in White, Almond and Stainless Steel •
Available in 30" and 36" widths
•Special Order Color - Black (30" and 36" only)
•Special Order Size - 24" and 42" (White, Biscuit,
Almond and Stainless Steel only)

SPECIFICATION SHEET
REFERENCE QTY. REMARKS Project
Location
Architect
Engineer
Contractor
Submitted by Date

TYPICAL SPECIFICATION
Range hood shall be Broan Model 42000.

Unit shall be ducted vertically into 7" round ductwork.

Motor to be permanently lubricated. RPM not to exceed
2750.

Unit shall have two-speed fan switch and separate light switch.

Sides shall be mitered and bottom edge hemmed - with no sharp edges.

Air delivery shall be no less than 190 CFM and sound level no greater than 6.0 sones. All air and sound ratings shall be certified by HVI.

Unit shall be U.L. listed.
60C 99041057K
42000 SERIES

TWO-SPEED
7" ROUND

RANGE HOOD
(42000 and 42000D Models)

SPECIFICATIONS
Broan-NuTone LLC, 926 West State Street, Hartford, WI 53027 (1-800-637-1453)

VOLTS AMPS RPM SONES CFM DUCT
120 2.0 1750 6.0 190 7" Round
HVI-2100 CERTIFIED RATINGS comply with
new testing technologies and procedures
prescribed by the Home Ventilating Institute,
for off-the-shelf products, as they are available
to consumers. Product performance is
rated at 0.1 in. static pressure, based on
tests conducted in a state-of-the-art test
laboratory. Sones are a measure of humanlyperceived loudness, based on laboratory measurements.
142

DOOR STYLE
903.935.0500
232 N. Marshall Industrial Ave.

Marshall, TX 75670
MWCCABINETRY.COM
Our Multifamily Roots Run Deep
Paint Finishes
4 Dover White
4 Dove Grey
4 Grigio Grey
4 Dark Knight
Stain Finishes
Pecan
Coffee
Graphite
Espresso
Nebbia
Slate
Nuvoloso
3 2
3 2
1 1
3 2
3 2
3 2
1 3
3 2
2 Available Construction + Price Groups GROUP 1
Poplar
GROUP 2
N. American Hardwood
GROUP 3
Maple
GROUP 4
Poplar + Paint
1 3
2 4
Visit mwccabinetry.com for more information about finishes and availability.

Sienna
Real Wood Veneer
n 5/8" thick door frames and drawer fronts
n Slab door style; veneer edgebanded door for stain finishes; HDF door for paint finishes
n Slab drawer fronts
n Available in standard reveal, full overlay, or frameless Sienna - Coffee
143
144
FRONT FRAME – 3/4" thick kiln dried solid hardwood. Pocket screw construction frame joinery reinforced with nail. Stiles 1 1/2" wide. Mulls 3" wide. Rails 1 1/2" wide. Stiles dadoed to receive ends.

END PANELS – Standard: Nominal 1/2" (12mm) thick multi-ply birch veneer plywood with matching laminate exterior surfaces. End panels are inserted into dado in face frame and recessed 3/16". Upgrade: Nominal 1/2" (12mm) thick multi-ply hardwood plywood with maple veneer on exterior surface and birch veneer on interior surface. All end panels are constructed with the same dado joinery as above and are recessed 3/16".

TOP/BOTTOM PANELS – Nominal 1/2" (12mm) thick multi-ply hardwood plywood. Tops and bottoms set into grooved end panels and stapled. Bottoms are supported at rear of base cabinets by nominal 1/2" (12mm) thick multi-ply hardwood plywood.

HANGING RAILS – Wall cabinets have nominal 1/2" (12mm) thick x 3 1/2" high multi-ply hardwood plywood. Each is running full cabinet width at the top and bottom. Base cabinets have a nominal 1/2" (12mm) thick x 3 1/2" high multi-ply hardwood plywood hang rail at the top. Hang rails are captured between end panels recessed behind back panel for Wall cabinets and in front of back panel for Base, and Tall cabinets. Tall cabinets have nominal 1/2" (18mm) thick x 3 1/2" high multi-ply hardwood plywood hang rail.

BACK PANEL – Nominal 1/8" (3mm) thick hardwood with maple grained interior. Securely glued and stapled to end panels and hang rails. Back panels are fully captured on wall cabinets. Plywood back available.

SHELVES – Nominal 1/2" (12mm) thick multi-ply hardwood plywood, with hardwood veneer banded front edge. Shelves are adjustable in all standard wall cabinets and fixed in base cabinets.

TOE KICK – Nominal 1/2" (12mm) thick multi-ply hardwood plywood. Toe kick is 4 1/2" high and recessed 4 1/2".

DRAWERS – Standard: Nominal 1/2" (12mm) high multi-ply hardwood plywood, front, back, and sides with butt construction. Drawer bottoms a Nominal 1/8” (3mm) thick hardboard with maple grain, inserted and glued into dado in front, back and sides.

DRAWER GUIDES – High-quality epoxy coated steel, Cushion-Tec™, side mounted guides, selfadjusting in mounting brackets. Built-in stop, self-closing and stay-closed features with a 100 lb. rated load capacity.

DOVETAIL DRAWER (upgrade only) – Front, back and sides are 5/8" (16mm) thick solid birch hardwood with dovetail construction. Drawer bottoms are nominal 1/4" (6mm) thick multi-ply hardwood birch plywood inserted and stapled into dado in front, back, and sides.

SOFT-CLOSE UNDERMOUNT DRAWER GUIDE (deluxe upgrade with dovetail drawer only) – High-quality steel, undermount construction provides full drawer access. Self-adjusting in mounting brackets. Built-in stop, self-closing, and stay closed features with a 75 lb. rated load capacity. Provides soft-close feature that helps reduce drawer slamming. Drawers are full extension, self-adjusting in mounting brackets. Built-in stop, self-closing, and stay closed features with a 100 lb. rated load capacity.

HINGES – Standard: Heavy-duty, high-quality steel, concealed 2-way adjustable hinge with self-closing feature. Upgrade: Gentle-Touch (soft-close) Hinge: Heavy-duty, high-quality steel, concealed 6-way hinge with soft close resistance.

FINISH – Furniture quality protective finish system on doors, drawer fronts, front frames, and veneer plywood end panels consisting of sanding, stain, catalyzed sealer and catalyzed clear top coats.

NOTICE: The product specifications appearing herein supersede and cancel all previous sheets, supplements and addenda, and represent current manufacturing standards and procedures.

Master WoodCraft Cabinetry reserves the right to make specification changes for continued product improvement.

For aesthetic considerations the furniture and cabinet industries have made veneer on composite panel substrate the standard method of construction for raised panel-in-frame doors in some wood species. Within the Master WoodCraft Cabinetry product line, those species include oak, birch, and maple. 1 1
1 2
2 2 2
2 3
3 3
3 4
4 4
4 5
5 5
6 6
6 7
7 Framed Allwood Construction
Contact your sales representative for information on NAUF options.

CONSTRUCTION SERIES 1.2
145

SPECIFICATIONS
Dayton Stainless Steel 33" x 22" x 5-3/8" Equal Double Bowl Drop-in Sink
Model(s) GE23322
In keeping with our policy of continuing product improvement, Elkay reserves the right to change product specifications without notice. Please visit elkay.com for the most current version of Elkay product specification sheets. This specification describes an Elkay product with design, quality, and functional benefits to the user. When making a comparison of other producers’ offerings, be certain these features are not overlooked.

PRODUCT SPECIFICATIONS
Dayton Stainless Steel 33" x 22" x 5-3/8" Equal Double Bowl Drop-in Sink. Sink is manufactured from 22 gauge 300 series Stainless Steel with a Satin finish, Rear Center drain placement, and Bottom only pads.

Installation Type: Drop-in
Material: 300 series Stainless Steel
Finish: Satin
Gauge: 22
Sound Deadening: Bottom only pads
Number of Bowls: 2
Sink Dimensions: 33" x 22" x 5-3/8"
Bowl 1 Dimensions: 14" x 15-3/4" x 5-1/4"
Bowl 2 Dimensions: 14" x 15-3/4" x 5-1/4"
Drain Size: 3-1/2" (89mm)
Drain Location: Rear Center
Minimum Cabinet Size: 36"
Mounting Hardware: Part # 64090012 included for countertops up to 3/4" (19mm) thick
Template Included: No
Cutout Template #: 1000001189
Template is available for download at elkay.com. CAD software will be required to open the template.

Cutout Dimensions for Drop-in Installation:
32-3/8" x 21-3/8" (822mm x 543mm) with 1-1/2" (38mm) corner radius Hole Drilling Configurations:

AMERICAN PRIDE. A LIFETIME TRADITION.

Like your family, the Elkay family has values and traditions that endure.

For almost a century, Elkay has been a family-owned and operated company, providing thousands of jobs that support our families and communities.

Product Compliance: ADA & ICC A117.1
ASME A112.19.3/CSA B45.4
Buy American Act
Sinks are listed by IAPMO® as meeting the applicable requirements of the Uniform Plumbing Code®, International Plumbing Code®, and National Plumbing Code of Canada.

Complies with ADA & ICC A117.1 accessibility requirements when installed according to the requirements outlined in these standards.

Clean and Care Manual (PDF)
Installation Instructions (PDF) - 1000005236
Warranty (PDF)
PART:________________________________QTY: _____________ PROJECT:______________________________________________
CONTACT:______________________________________________
DATE:__________________________________________________ NOTES:_________________________________________________ APPROVAL:_____________________________________________
146

Elkay REV 12092022 1-800-476-4106 | [email protected] © 2022 Page 2 GE23322 Patent zurn-elkay.com/patents GE23322_spec.pdf
Installation Profile:

Optional Accessories
CB1516
Elkay Hardwood 15" x 16-3/4" x 3/4" Cutting Board
Spec Sheet (PDF)
D1125
Dayton 3-1/2" Stainless Steel Drain with Removable Basket Strainer and Rubber Stopper Spec Sheet (PDF)
LKWRB1316SS
Elkay Stainless Steel 12-1/2" x 15" x 7" Rinsing Basket Spec Sheet (PDF)
147
148
149
150
151
152
153

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7
DATE: March 21, 2023
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] Rose Chaparro, City Clerk, (805) 385-7805, [email protected] SUBJECT: Campaign Contribution and Loan Limit Adjustment.

RECOMMENDATION
That the City Council adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD ADJUSTING CAMPAIGN CONTRIBUTION LIMITS AND LOAN LIMITS SET FORTH IN SECTIONS 2-443 AND 2-444 OF THE OXNARD CITY CODE.

BACKGROUND
At a special election held on March 3, 2020, Oxnard voters passed the Oxnard Government Accountability and Ethics Act (“Measure B”). Measure B added multiple provisions to the Oxnard City Code (OCC), including Article VI to Chapter 2 that imposed campaign contribution and loan limitations (collectively, “Contribution Limits”).

OCC Section 2-245 requires the Contribution Limits to be adjusted at two-year intervals beginning in 2023 to reflect the annual consumer price index (“CPI”) over the previous two-year period. OCC Section 2-248(F) requires the City Clerk to initiate the adjustment of the Contribution Limits to reflect the CPI adjustment. The City Clerk has calculated the CPI adjustment as specified in OCC Section 2-245.

The resolution under City Council consideration adjusts the Contribution Limits as follows:

For the Offices of the City Council:

1. The $500 limit in OCC Section 2-243(A) is increased to $564.

2. The $1,000 limit in OCC Section 2-243(A) is increased to $1,127.

3. The $500 limit in OCC Section 2-243(B) is increased to $564.

For the Offices of the Mayor, City Clerk, and City Treasurer:

1. The $750 limit in OCC Section 2-444(A) is increased to $845.

2. The $1,500 limit in OCC Section 2-444(A) is increased to $1,691.

3. The $500 limit in OCC Section 2-444(B) is increased to $564.

STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses. 154

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Jason Zaragoza, Deputy City Attorney, Kenneth Rozell, Chief Assistant City Attorney, Rose Chaparro, City Clerk

ATTACHMENTS

1. Campaign Limits Adjustment Resolution
155

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

ADJUSTING CAMPAIGN CONTRIBUTION LIMITS AND LOAN LIMITS SET FORTH IN SECTIONS 2-443 AND 2-444 OF THE OXNARD CITY CODE WHEREAS, at a special election held on March 3, 2020, Oxnard voters passed the Oxnard Government Accountability and Ethics Act (“Measure B”); and WHEREAS, Measure B added Article VI to Chapter 2 to the Oxnard City Code (“OCC”), imposing campaign contribution and loan limitations (collectively, “Contribution Limits”); and WHEREAS, OCC Section 2-245 requires the Contribution Limits to be adjusted at two year intervals beginning in 2023 to reflect the annual consumer price index (“CPI”) over the previous two-year period; and
WHEREAS, OCC Section 2-248(F) requires the City Clerk to initiate the adjustment of the Contribution Limits to reflect the CPI adjustment; and
WHEREAS, the City Clerk has calculated the CPI adjustment as specified in OCC Section 2-245.

NOW, THEREFORE, the City Council of the City of Oxnard resolves that the following Contribution Limits are hereby adjusted as specified in OCC Section 2-245:

A. For the Offices of the City Council:

1. The $500 limit in OCC Section 2-243(A) is increased to $564.

2. The $1,000 limit in OCC Section 2-243(A) is increased to $1,127.

3. The $500 limit in OCC Section 2-243(B) is increased to $564.

B. For the Offices of the Mayor, City Clerk and City Treasurer:

1. The $750 limit in OCC Section 2-444(A) is increased to $845.

2. The $1,500 limit in OCC Section 2-444(A) is increased to $1,691.

3. The $500 limit in OCC Section 2-444(B) is increased to $564. ///
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156
Resolution No.

Adjusting Campaign Contribution Limits and Loan Limits

Page 2 of 2 ends

PASSED AND ADOPTED THIS 21st day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
157

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.8
DATE: March 21, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32300257 with Blackpointe Group Construction & Management Inc. for OnCall Fencing Repair Services Project (Rebid), Specification No. SD 23-53R.

RECOMMENDATION
That the City Council approve and authorize an agreement with Blackpointe Group Construction & Management Inc. for a total amount not to exceed $400,000 for a three-year term for On-Call Fencing Repair Services. (This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15301(d).)
(Public Works and Transportation Committee approved 2-0.)

BACKGROUND
The Public Works Department oversees and manages parks, facilities, streets, public right of ways, landscape maintenance districts, community facilities districts, and waterways districts throughout the City of Oxnard. Within each of the areas mentioned above, there are designated services that are funded by the general fund, utilities, and special assessment districts where the maintenance for various types of fencing is required for both safety and aesthetic purposes.

DISCUSSION
Throughout the year, staff receives reports of damaged, vandalized, or deteriorating fencing located throughout the City.

This On-Call Fencing Repair Services Agreement will allow Public Works staff to be responsive to the maintenance needs of the City.

The Agreement is tentatively scheduled to begin in April 2023, and continue into April 2026. Staff will work with the Neighborhood Councils, who represent the communities where the work will be performed, to provide information regarding the scheduled repairs, as well as communicating directly with the neighbors and residents who are adjacent to the work being performed. Staff will also provide general project information to be disseminated through social media for public information.

The notice inviting formal bids (NIFB) was published on December 22, 2022 and all bids were due and opened on January 11, 2023. The City received two bids, which are the cumulative total of the bid items and the hourly rates for both scheduled and non-scheduled labor. The following bids are the cumulative totals for the hourly rate of scheduled and unscheduled labor:

Blackpointe Group Construction & Management Inc.: $458.99 Fenceworks Inc.: $3,629.00

The lowest bidder is Blackpointe Group Construction & Management Inc. (Blackpointe) and their bid is responsive to the 158
City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Blackpointe Group Construction & Management Inc. There are no subcontractors. Procurement staff verified possession of the required and currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR).

Based upon the available information and research performed to date, staff believes the contractor is capable of satisfactorily completing the Agreement. Thus, staff recommends that the City Council award this Agreement to Blackpointe Group Construction & Management Inc.

Forty notices of invitations were sent directly to contractors that perform this work and have the appropriate licenses for this NIFB. The NIFB was also posted on Ebidboard, Public Purchase, Dodge Analytic, TriCo Reprographics, Bid America, and advertised in the Vida Newspaper.

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

FINANCIAL IMPACT
The total cost for this Agreement with Blackpointe Group Construction & Management Inc. shall not exceed $400,000 over the three year term of this Agreement. Each service provided through this Agreement shall be issued by a task order and subject to available funding. The Special Districts, Streets, Facilities, and Parks Maintenance Divisions will share the total amount of this agreement. Staff within each Division will ensure sufficient funding of tasks prior to initiating task orders or incurring services, consistent with the City Council approved Operating Budgets.

Division Account Allocation Amount
Special Districts Assessment Funds - Various $250,000
Streets Maintenance Gas Tax Fund - 1813401-53200 $60,000 Facilities Maintenance Facilities Fund - 7353740-53200 $30,000 Parks General Fund - Various $60,000
TOTAL $400,000
For Finance Use Only: $60K - State Gas Tax Fund (Org. 1813401, Obj. 53200), $30K - Facilities Fund (7353740, Obj. 53200)

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on February 28, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32300257 - Blackpointe - SD 23-53

2. City of Oxnard Special Districts Map

3. City of Oxnard Special Districts Legend
159
Agreement No.: 32300257
1 CITY OF OXNARD CONTRACT FOR

ON-CALL FENCING REPAIR SERVICES PROJECT (REBID)
SPECIFICATION NO. SD 23-53R
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2023 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT INC. (“Contractor”).

Contractor’s license number is 969297.

In consideration of the covenants set forth herein, the parties hereto agree as follows:

1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all documents referenced in either the General or Special Provisions as well as the Contractor’s Bid Response. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as the On-Call Fencing Repair Services Project (Rebid), Specification No.

SD 23-53R (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed four hundred thousand dollars ($400,000) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end three (3) years thereafter, unless sooner terminated pursuant to the Contract Documents.

5. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Contractor and all Subcontractors are 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 registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as 160
Agreement No.: 32300257
2 follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project and all related Tasks and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

11. Amendment. No modification, amendment or supplement to this Contract other than Change Orders or Task Orders shall be binding unless made in writing and signed by the duly authorized representatives of both parties.

12. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes. This provision shall likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]
161
Agreement No.: 32300257
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD BLACKPOINTE GROUP CONSTRUCTION &
MANAGEMENT INC.

☒ John C. Zaragoza, Mayor1 Date Laurel Schittone, CEO2 Date ☐ Alexander Nguyen, City Manager
☐ Purchasing Manager
______
Victor Schittone, Secretary Date
ATTEST:

Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually. 2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 162
Agreement No.: 32300257
4 Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract 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 Contractor, its agents, representatives, employees or subcontractors. 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 location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors 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. 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. Contractor 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-D. 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 will be requested via email. If you have not received your request or are having difficulty with the electronic upload, contact [email protected].

4. Contractor 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.

5. Contractor 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 Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. 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-D 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).

6. 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.

7. 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. 163
Agreement No.: 32300257
5 8. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
164
Agreement No.: 32300257
6 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 general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached. 165
Agreement No.: 32300257
7 ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS
A

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $ AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement
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 52150
Indianapolis, Indiana 46250-4299 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
SAMPLE
166
Agreement No.: 32300257
8 Rev.1 2/22 INS-D.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 NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER
City of Oxnard ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299 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
167
Agreement No.: 32300257
9 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 NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS

COMMERCIAL AUTO POLICY

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

Name:

Address:

Telephone:
(
)
$ per accident, for bodily injury and property damage.

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

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

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

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

ENDORSEMENT HOLDER
City of Oxnard ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299 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
168
Agreement No.: 32300257
10 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to

(“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as the On-Call Fencing Repair Services Project (Rebid), Specification No. SD 23-53R (the “Project”).

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and any Task related to the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), this amount being not less than a hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any 169
Agreement No.: 32300257
11 of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code Sections 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its:
__________________________
By:

Its:
__________________________
(Seal)
“Surety”
By:

Its:
__________________________
By:

Its:
__________________________
(Seal)
Note: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of 170
Agreement No.: 32300257
12 the Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to _______

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Dollars ($ ), this
amount being not less than a hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assigns, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided for all Tasks, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, within the Contract Term, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety 171
Agreement No.: 32300257
13 hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work in any Task Order. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:
“Principal”
By:

Its:
__________________________
By:

Its:
__________________________
(Seal)
“Surety”
By:

Its:
_________________________
By:

Its:
_________________________
(Seal)
Note: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 172
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14 EXHIBIT A
173
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15 EXHIBIT B

SPECIAL PROVISIONS
1000 DESCRIPTION AND LOCATION OF WORK
The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to repair or replace existing steel, wood, chain-link and CMU block wall fencing, gates and concrete footings, in conformance with the lines, grades, and requirements to match existing fencing and gates for the City of Oxnard.

Scope of Work does not include installation of new fencing where current fencing does not already exist.

The Work will be at various locations throughout the City of Oxnard including, but not limited to, buildings, parks, ballfields (including backstops), landscape maintenance districts and other properties as defined in each Task Order. The Contractor shall only remove the length of fencing that can be reinstalled during that same Working Day of construction unless otherwise specified and or directed by the Project Manager. Fencing shall meet all current City of Oxnard building codes requirements.
1001-2 MATERIALS
All fence materials or component parts furnished shall conform in type, size, kind, and shape to existing and shall be acceptable to the Project Manager. The materials for fencing include but are not limited to posts, pickets, rails, post caps and all necessary fittings and appurtenances required for proper installation. The Contractor will provide the Project Manager with the specifications of all items for the fence and gates for approval before installation. Only new materials are to be used on the projects. Markup on materials may not exceed 15%.

Concrete for fence posts shall be class 520-C-2500 as per Section 201 of the Greenbook, with a minimum compressive strength of 2500 psi.

Materials for backfill shall conform to Section 217 Bedding And Backfill Materials of the Greenbook.
1001-3 CONSTRUCTION, REPAIR AND MAINTENANCE
Before Work commences in the area, the Contractor will inspect the site with the Project Manager and have a clear understanding of the Work to be done. After the construction is complete, the Contractor will again inspect the site with the Project Manager for approval. The Project Manager will periodically monitor the construction of Work to determine if the Work is being performed in accordance with the contract requirements.

All of the material for the new fence panels will be approved by the Project Manager before any Work begins. The new fence will include, but not be limited to, posts pickets, rails, post caps and will be installed at locations as directed by the Project Manager.

Posts shall be embedded at least 30” into 36” deep, with a 12” minimum diameter concrete footing. 174
Agreement No.: 32300257
16 All metal Work shall be per the Greenbook Section 206 Miscellaneous Metal Items and Section 304 Metal Fabrication and Construction.

Painting of existing fencing will be by hand or spray. Two coats will be required on all parts. The final surface will be of even color without streaks, drips, bubbles, incomplete coverage or any other surface imperfection. Paint used will be appropriate for the location of the project and approved by the Project Manager before application Wrought iron fencing shall have a powder coated finish and the product shall be approved for use by the Project Manager before installation.

If necessary, the fence will be reinforced at the joints with either welding or welded on metal that will not detract from the decorative appeal of the fence. All welding will be performed in a workman-like manner with solid joints of minimum protrusion. Completed fences will be solid and have minimal flexure. Any excessive splatter of the weld will be ground off.

All excavation and backfill shall conform to Section 300-3 Structure Excavation And Backfill of the Greenbook.
1001-4 MEASUREMENTS
The installation of new fence panels will be measured by the linear foot (LF) of fence installed including post and concrete footings, complete-in-place. The gates installed will be measured by linear foot (LF) of gates installed including all attachments, complete-in-place. 1001-5 DEMOLITION AND REMOVAL OF EXISTING FENCE AND GATES The Contractor shall furnish all materials, tools, equipment, devices, appurtenances, facilities, and services as required for performing the demolition and removal Work.

Contractor shall remove existing fence and gates, including posts, concrete footings, and any attachments. Hauling and disposal of demolished material off-site shall be the Contractor’s responsibility and shall not constitute a pay item but shall be considered incidental to fence and gate construction. Whenever a telephone or telegraph pole, pipeline, conduit, sewer, roadway, or other utility is encountered that must be removed or relocated, the Contractor shall advise the Project Manager, who will notify the proper local authority or owner and attempt to secure prompt action. Any holes or openings shall be backfilled with acceptable material per Section 217 Bedding And Backfill Materials of the Greenbook, and properly compacted.

All Work shall be done in a workmanlike manner with care taken not to disturb the surrounding area and existing fence to remain. Any damage done to the area or existing fence to remain caused by the Contractor’s operations, shall be repaired to the original condition by the Contractor at no expense to the City.

Safety And Fencing: The Contractor shall comply with all applicable current federal, state and local safety and health regulations.

The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The safety fence shall be erected before demolition and shall not be removed until the hazard is removed and all Work is completed. The fencing, including all materials, shall be considered incidental to the demolition. The fencing material shall remain the property of the Contractor.
175
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17 Clean Up: The area of the fence line shall be left neat and free of any debris caused by the demolition or installation of the fence at the end of each Work day and at job completion as to not pose any unsafe or hazardous condition to the public or City staff. 1001-6 RESPONSE TIME.

Contractor shall respond to all requests as required, 24 hours per day, 365 days per year, including weekends and holidays. All costs for labor for these requests shall be included in the Bid sheets.

Response time by the Contractor shall be as stated below:

1. Non-Scheduled Urgent Work:

Contractor must verbally respond within thirty (30) minutes of telephone notification by the City. Contractor must be on the site within four (4) hours of the notification and begin Work immediately. Urgent repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.

2. Scheduled Work:

Contractor must verbally respond within twenty (24) hours of notification by the City. The scope of Work and schedule shall be mutually agreed to between Project Manager and Contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the Project Manager.
1000-7 PAYMENT AND INVOICING
Invoice shall include a summary of the work performed, detailed backup of all labor, receipts from all sub-contractors, equipment rentals, and materials. The City will not pay for an invoice over the amount specified in the Task Order unless a Task Order amendment is executed. 1000-8 TASK ORDER PROCESS

1. Each project will be assigned a Task Order. Scheduled Work will be pre-approved by a Task Order issued by the Project Manager prior to starting Work. Work can begin only after a fully executed Task Order is issued to the Contractor. Non-Scheduled Urgent Work will have a Task Order issued as soon as the scope and fees are made available. The scope and fees shall be provided by the Contractor as soon as possible following the start of Non-Scheduled Urgent Work.

2. Task Orders shall include all estimated labor, materials, and taxes needed to complete the scope of Work. The Task Order shall include all materials, labor, and taxes; if it does not, the Contractor shall clarify any missing information before commencing Work.

3. Materials and equipment rental will be reimbursed at cost (Contractor must include receipt of purchase with the invoice submitted to the City) plus fifteen percent (15%) for material 176
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18 handling and Contractor will be required to itemize the supplies cost within the Task Order.

4. A separate invoice is required for each Task Order issued pursuant to the Contract.

Contractor is required to itemize the number of hours it will take for completion of a Task Order. Contractor shall request a Task Order amendment if expenses surpass the original Task Order fee. Upon mutual agreement between City and Contractor, City shall issue a Task Order amendment for the increased cost.

5. Contractor shall only invoice for time spent at the location of service. The City shall not pay for time spent en route or traveling to acquire parts or supplies unless pre-approved by the Project Manager and included in the Task Order. Contractor to communicate arrival time and departure time with Project Manager on day of service.

6. For Scheduled Work, Contractor shall meet with the Project Manager to review and understand the project scope prior to submitting a project proposal.

7. For Non-Scheduled Urgent Work, Contractor shall meet with the Project Manager within seventy-two (72) hours of starting Work to confirm the scope. Contractor shall provide a project fee within seventy-two (72) hours after scope confirmation. 177
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 49 54
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD ASSESSMENT DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
January 2022
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
178
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
179

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9
DATE: March 21, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32300154 with Auto Body International, Inc. for Light and Medium Duty Paint and Body.

RECOMMENDATION
That the City Council approve and authorize an Agreement with Auto Body International, Inc. for a one-year term with the option to extend for two consecutive one year periods for a maximum contract term of three years, and a total contract not-to-exceed amount over the entire possible contract term of $375,000 for light and medium duty paint and body work. (Public Works and Transportation Committee approved 2-0.)

BACKGROUND
The Fleet Services Division of the Public Works Department performs maintenance and repairs of the City’s 955 fleet vehicles and equipment valued over $50 million. As part of the ongoing fleet management, Fleet Services requires a vendor to provide as-needed automotive body repairs for City vehicles and equipment. The Fleet Services shop is not equipped with the frame rack, permitted spray booth or any other specialized equipment required to perform body repairs.

Additionally, the staff does not have specialized training in performing such body repairs.

Throughout the course of normal operations, vehicles and equipment experience damages to the body, paint and frame that may be a result of a collision, traffic incident, or other unforeseen events. Such damages require paint, body, and frame repairs to be performed by an outside vendor under the direction of Fleet Services. These services are necessary in order to ensure the City’s fleet vehicles and equipment are safe, reliable and in good operating condition. Fleet averages approximately 45 light and medium duty body shop repairs annually and have been using a third-party vendor for these repairs for the past 25 years.

DISCUSSION
Historically, Fleet Services would informally bid each repair service to four local vendors, which has been time consuming, resulting in repair delays. In an effort to be more cost-effective and efficient, staff released a formal bid for automotive body repairs. On November 3, 2022, the Purchasing Division released a Request for Bid (RFB) PW 23-54 with a closing date of December 1, 2022. The solicitation did not receive any bidders. Purchasing inquired with the vendors regarding their lack of response to the bid and learned that the vendors were not familiar with the process through Public Purchase but were still interested in bidding. As a result, Purchasing recommended that Fleet Services repost the bid.

The bid was reposted on December 14, 2022, with a close date of December 28, 2022. The City received three responses, Auto Body International, Inc., Commercial Auto Body and Paint, and Oxnard Auto Body. As a result of the RFB, the City determined Auto Body International, Inc. to be the lowest responsive bidder.

Auto Body International, Inc. is located in Oxnard and meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based 180
upon the available information and research performed to date, staff believes the vendor is capable of satisfactorily completing the Agreement. Thus, staff recommends that the City Council award this Agreement to Auto Body International, Inc.

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
The total cost for this agreement with Auto Body International, Inc. shall not exceed $375,000 through March 20, 2026, if extended. Funding will begin in Fiscal Year 2022-23 and there are sufficient funds in the Fleet Services Fund (741).

Subsequent fiscal year funding will be requested in the annual budget process. The estimated spending plan per year is as follows:

Estimated Spending Plan for Light and Medium Duty Paint and Body Account Number FY 2022-23
3 months
FY 2023-24
12 months
FY 2024-2025
12 months
FY 2025-26
9 months TOTAL
7413750-55030 $ 35,000 $ 125,000 $ 125,000 $ 90,000 $375,000 For Finance Use Only: Fleet Fund (Org. 7413750, Object 55030)

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on February 28, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jose Arreola, Fleet Services Manager, Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32300154
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TRADE SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND AUTO BODY INTERNATIONAL, INC.

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Auto Body International, Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER 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 SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES. Auto Body International, Inc. will provide auto body repair and painting services for fleet vehicles and equipment, to include but not be limited to general body repair, dent repair, component replacement for exterior/interior body components, collision damage repair, glass repair/replacement including windshields, painting all or portions of vehicle bodies, and other repair services.

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Auto Body International, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 932 East 5th St, Oxnard California 93030

3. TERM OF AGREEMENT: From (Date): 3/22/23 To (Date): 3/22/24

3.1 Time is of the essence in this Agreement.

3.2 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of three (3) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with section 20 of this Agreement.

3.3 The CITY shall have the option for (2) two consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT: $375,000.00
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5. AGREEMENT EXHIBITS: The 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.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements
Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy

6. DESIGNATED REPRESENTATIVES.

The 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, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Jose Arreola Name: Heriberto Saucedo
Title: Fleet Services Manager Title: President/CEO
Phone: (805) 385-8011 Phone: (805) 486-7811
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave, Bldg 2
Oxnard, CA 93030

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be executed by the SERVICE PROVIDER, 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. 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.

7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

7.4 SERVICE PROVIDER 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. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as 183
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“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.

SERVICE PROVIDER 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. COMPENSATION.

CITY shall pay SERVICE PROVIDER 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 SERVICE PROVIDER 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. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within fortyfive (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 SERVICE PROVIDER 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. SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a 184
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release of the responsibility and liability of SERVICE PROVIDER 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 SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.

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 section 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 SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER 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 SERVIE PROVIDER or any of its employees, except as 185
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stated in this Agreement. SERVICE PROVIDER 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 SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER 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. SERVICE PROVIDER 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.

SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.

SERVICE PROVIDER, 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.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER 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 performed 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 SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
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17. OWNERSHIP OF SERVICE PROVIDER’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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 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. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.

SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER 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. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’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 SERVICE PROVIDER 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. SERVICE PROVIDER 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” 187
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(see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER 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. SERVICE PROVIDER 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 SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER 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.

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 SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER.

Any attempt by SERVICE PROVIDER 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. SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER'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. NOTICES.
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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 in the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER 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 SERVICE PROVIDER’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 SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER 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 SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’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. SERVICE PROVIDER’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 SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An 189
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allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER 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 SERVICE PROVIDER 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, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER 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. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’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 SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

SERVICE PROVIDER 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 SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER 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 SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to 190
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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, SERVICE PROVIDER 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. SERVICE PROVIDER 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 SERVICE PROVIDER.

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 SERVICE PROVIDER.

27. [RESERVED] -

28. [RESERVED] –

29. [RESERVED] -

30. DISPUTES.
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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 SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the 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 agreedupon 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 SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER 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. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER 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
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SERVICE PROVIDER 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.

SERVICE PROVIDER 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.

SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

Neither the SERVICE PROVIDER 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.

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 193
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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 enforcement 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. ACKNOWLEDGEMENT.

By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance. [Signatures on next page]

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, INC.)

SCOPE OF SERVICES

SCOPE OF WORK

AUTO BODY LIGHT/ MEDIUM DUTY
The selected proposer will provide body repair and painting to the City of Oxnard on an as needed basis. The proposer must have a minimum of five (5) years recent experience performing similar work/services. The work shall be performed at the proposer’s shop unless otherwise agreed to in writing City of Oxnard.

Compensation will be based on the prices proposed on the bid form attached as Attachment A.

Body Repair and Painting:

The proposer will provide auto body repair and painting services for fleet vehicles and equipment, to include but not be limited to general body repair, dent repair, component replacement for exterior/interior body components, collision damage repair, glass repair/replacement including windshields, painting all or portions of vehicle bodies, and other repair services. Bent parts are to be straightened and reinforced or replaced if necessary including aluminum body parts. In the event that vehicle decals are damaged, the proposer will obtain new decals from the City of Oxnard or a designated decal provider and apply new decals to the repaired vehicle. Decal removal and installation are to be included in the repair estimate. All bodywork will receive at least three coats of primer: two (2) during bodywork repair, and a minimum of one (1) during the painting process.

General Shop Requirements:

The proposer’s body shop will meet the following minimum requirements:
a) Be able to perform complete body repairs, as well as paint vehicles and equipment
b) Maintain a paint booth that is in legal compliance with all applicable laws c) Maintain a secure storage area for all City of Oxnard owned vehicles d) Possess a MIG and TIG welder or other electric spot welding equipment for body welding including aluminum body repairs
e) The proposer shall ensure that the vehicle computer systems are disconnected from the vehicle before any welding is done. The proposer is to replace, at his/her expense, any vehicle on board computers damaged by not disconnecting the computers before any welding operations 196
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f) Be available during normal business hours Monday through Friday, 8:00 a.m. to 5:00 p.m.

Estimate Process Requirements:

The proposer will provide estimates for body repair and painting on an as needed basis as requested by City of Oxnard. Estimates will include:
a) Make, model and mileage of vehicle
b) License plate number, VIN number and City of Oxnard unit number c) BOLDLY state if the estimate is in relation to an incident and note the incident report number (MVIR) and date, if any
d) Itemized list of description of work to be performed e) Estimated number of labor hours of task
f) Itemized list of parts and paint materials costs
g) All incidentals or miscellaneous shop supplies and charges shall be included and priced accordingly
h) Total repair estimate is to include sales tax
i) Approximate schedule to complete the repairs after receiving a notice to proceed
j) If applicable, any recommendations for future repairs k) All estimates shall be from an applicable industry standard Collision and Estimating Reference Guide used by insurance appraisers. Proposers shall provide the name and version of the guide or software used Prior to any repair, the proposer and City of Oxnard Fleet Service Writer or Fleet Supervisor will review the estimate and confirm that the estimate includes an accurate description of the vehicle condition. All repair estimates must be approved by the City of Oxnard in writing in advance of work being performed.

Repair work will not start until a notice to proceed is received. The Proposer will assume full liability and responsibility for all vehicles and contents (including radios, aftermarket lighting and other standard or installed equipment) placed in its custody by the City of Oxnard under this contract.

Parts:

All parts used to provide automotive body repair will be new Original Equipment Manufacturer (OEM). Any and all incidental charges shall be included in the proposer's hourly rate. Proposers shall furnish new unused O.E.M., remanufactured O.E.M., vehicle body parts, materials and labor as required in accordance with the provisions and specifications contained herein. If OEM parts are not available or obsolete, notification to the City of Oxnard is required for approval.
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Alignment:

Proposer agrees to perform realignment of all vehicles when needed. This shall be a thrust alignment for frame vehicles and four wheel alignment for unibody vehicles. A printout of the readings after the alignment will be included in each repair order. Proposer will ensure personnel or sub-contractor is qualified to perform alignment work.

Frame Work:

Proposer agrees to perform frame straightening of all vehicles when needed.

Proposer will ensure personnel or sub-contractor is qualified to perform all framework.

Airbag Components:

All airbag components shall be replaced with NEW O.E.M. parts when the decision has been made to replace the components.

Major Repairs:

If metal body or plastic components are damaged beyond repair, the damaged area will be cut out and replaced with new metal or plastic that is equal to or greater than the original thickness of the component.

Painting Process Requirements:

The paint process will consist of the following in the order listed, utilizing the latest state-of the-art painting and paint matching systems, mixing tools, California compliant water based or solvent based paints and clear coats and spraying tools:
• Primer
• Base Coat
• Clear Coat
Acceptable Paint Manufacturers:

All paints used will be from a qualified and reputable paint manufacturer, such as Diamont, Dupont, PPG, Akzonobel Sikkens or equivalent. Proposers shall provide the name of the paint manufacturer used and warranty in each estimate.

No single stage paints shall be used. All Paints shall be CARB compliant.

Warranty:

All parts and supplies provided shall be warranted for a minimum period of six (6) months or twelve thousand (12,000) miles, or for any manufacturer warranty period, whichever is greater. Warranted parts shall be replaced with new parts.

All warranty information will be made available to the City of Oxnard.

Unsatisfactory repairs include, but are not limited to, paint swirls, fish eye 198
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blemishes, mismatched paint color, buffer burns, as well as any other defects and/or imperfection in body work or paint finish.

Pickup and Delivery:

The proposer will provide free pickup and delivery of vehicles, including vehicle tow as necessary, when repairs or painting is required. The repaired vehicles will be returned to the City of Oxnard by personnel with the knowledge necessary to review and discuss the quality of completeness of the repairs and review the vehicle condition report with the City of Oxnard representative. If it is determined that the vehicle is not properly repaired, the vehicle will be returned to the proposer’s shop for repair and delivery at no additional charge. All vehicles shall be returned to the City of Oxnard within 24 hours of completion of repairs.

Time for Performance:

Time is of the essence in returning City of Oxnard vehicles to service. The successful proposer agrees that work assigned under contract shall receive priority over the other work in its shop, unless specific prior approval has been obtained from the City of Oxnard.

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, INC.)

SCHEDULE OF COMPENSATION

Labor Costs
Line
Item Vehicle Type Type of Labor Quantity
Unit of
Measure Price
1 Light Duty Body Repair 1 Per Hour $56.00
2 Light Duty Aluminum Body Repair 1 Per Hour $70.00
3 Light Duty Frame Repair 1 Per Hour $68.00
4 Light Duty Glass Repair 1 Per Hour $56.00
5 Light Duty Mechanical Repair 1 Per Hour $70.00
6 Light Duty Paint 1 Per Hour $56.00
7 Light Duty Paint Supplies 1 Per Hour $38.00
8 Medium Duty Body Repair 1 Per Hour $56.00
9 Medium Duty Frame Repair 1 Per Hour $68.00
10 Medium Duty Glass Repair 1 Per Hour $56.00
11 Medium Duty Mechanical Repair 1 Per Hour $70.00
12 Medium Duty Paint 1 Per Hour $56.00
13 Medium Duty Paint Supplies 1 Per Hour $38.00
Bid Total $695.00
Parts and Supplies
Line
Item Product Specifications
Discount Off
Manufacturer's
Suggested Retail Price
14 OEM Replacement Parts Domestic, Light Duty 5% Off
15 OEM Replacement Parts Import, Light Duty 5% Off
16 Aftermarket/ Used Replacement Parts Light Duty 5% Off 17 OEM Replacement Parts Medium Duty 5% Off
18 Aftermarket/ Used Replacement Parts Medium Duty 5% Off 200
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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, INC.)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) 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.
[See next pages]

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Exhibit INS-V

INSURANCE REQUIREMENTS FOR VENDORS/CONTRACTORS
(WHO REPAIR, INSTALL OR MAINTAIN VEHICLES AND EQUIPMENTS IN VENDORS/CONTRACTORS CARE,

CUSTODY AND CONTROL)
City of Oxnard’s Fleet Services Department cannot process any transactions until the following insurance documents have been submitted.

1. Contractor shall obtain and maintain during the performance of any services under this Contract 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 Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability in an amount not less than $1,000,000 Occurrence/$2,000,000 Aggregate for bodily injury and property damage for each claimant for General Liability with coverage equivalent to Insurance Services Office Garage Insurance Coverage form. Contractor is required to provide Additional Insured Endorsement naming City of Oxnard as additional insured. b. Business Automobile Liability Insurance in an amount of $1,000,000 combined single limit for bodily injury and property damage which may arise from or in connection with the performance of services hereunder by Vendor/Contractor, its agents, representatives, employees or subcontractors. Contractor is required to provide Additional Insured Endorsement naming City of Oxnard as additional insured. c. When City vehicles are in the care, custody and control of the Contractor, Garagekeepers Legal Liability in an amount not less than $1,000,000 per claimant must be provided. 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. Contractor 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-T. 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 will be requested via email. If you have not received your request or are having difficulty with the electronic upload, contact [email protected].

3. Contractor 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. Contractor is responsible to provide immediate notification to Risk Manager in the event coverage is suspended, voided, canceled or reduced in coverage.

4. Contractor agrees that the Commercial General Liability Insurance and Garagekeepers Legal 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 Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. Required forms for Commercial General Liability Insurance and Garagekeepers Legal Liability Endorsements are ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037, or equivalent.

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). 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 Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors 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.

INS-V.doc

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS
SPACE

COMPANY

LETTER B

COVERAGES

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

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE POLICY
NUMBER
POLICY

EFFECTIVE

DATE (MM/DD/YY)
POLICY

EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

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

EXPENSE (Any one person) $
A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $
A

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement
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 52150
Indianapolis, Indiana 46250-4299
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

204
Agreement No. 32300154

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GENERAL LIABILITY SPECIAL

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL

LIABILITY

COMPREHENSIVE GENERAL

LIABILITY

OWNERS & CONTRACTORS

PROTECTIVE
Claims Made
Retroactive Date

Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE

GENERAL

PRODUCTS/COMPLETED

OPERATIONS

PERSONAL & ADVERTISING
INJURY

FIRE DAMAGE

CLAIMS:

Underwriter’s representative for claims pursuant to this insurance.

Name:

( )
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:

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG 0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG 0001.

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

ENDORSEMENT HOLDER
City of Oxnard ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299 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
Rev. 12/22 INS-T.doc
205
Agreement No. 32300154

Page 25 of 30 ends

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.

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 52150
Indianapolis, Indiana 46250-4299 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
Rev.12/22 INS-T.doc

206
Agreement No. 32300154

Page 26 of 30 ends

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, 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 trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER 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, SERVICE PROVIDER 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, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER 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. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

207
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER 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, SERVICE PROVIDER 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, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER 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 SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately. c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER 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. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
208
Agreement No. 32300154

Page 28 of 30 ends

EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, INC.)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER 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. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER 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. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

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

4. SERVICE PROVIDER 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. SERVICE PROVIDER 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 SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER 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. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, 209
Agreement No. 32300154

Page 29 of 30 ends

SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER 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, SERVICE PROVIDER must immediately notify CITY.

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

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER 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 SERVICE PROVIDER’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. SERVICE PROVIDER 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. SERVICE PROVIDER 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. SERVICE PROVIDER 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, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure. 210
Agreement No. 32300154

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13. To the maximum extent, SERVICE PROVIDER 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 Service Provider, 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 SERVICE PROVIDER under this Section shall survive Agreement termination.
211

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.10
DATE: March 21, 2023
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Blanket Purchase Orders No. 32300265 Increase Request for All Star Fire Equipment.

RECOMMENDATION
That the City Council authorize the Mayor to execute an amendment to Blanket Purchase Order No. 32300265 with All Star Fire Equipment to increase the Purchase Order by $200,000 for a total amount not to exceed $400,000 for the purchase of structural firefighting Personal Protective Equipment (PPE) or turn outs and fire hose. (The Community Development, Public Safety and Housing Committee approved 3-0 on 28 February, 2023 to forward the item for Council approval.)

BACKGROUND
Currently the Fire Department has an existing Blanket Purchase Order (BPO) for All Star Fire Equipment with a Not To Exceed amount of $200,000. All Star is the approved vendor locally to supply turnouts manufactured by Lion. The department uses Lion for their turnouts as they are the only United Laboratories (UL) verified particulate blocking firefighting turnout gear on the market. The design helps limit our firefighters exposure to carcinogenic materials found in the products of combustion.

DISCUSSION
The Fire Department has an existing BPO for All Star Fire Equipment with a Not To Exceed amount of $200,000.

Currently, the department has spent approximately $170,000, primarily for turnouts but also for hoods, helmets, boots and other miscellaneous equipment and supplies. The Fire Department needs to increase the value of this BPO to $400,000 to allow for the purchase of 25 sets of turnouts for the recruit academy scheduled to begin February 21, 2023. Additionally, the department had to remove 15 sets of turnouts from service after they failed their annual inspection. These two purchases will be approximately $181,000. The department will also likely need to purchase fire hose from All Star Fire Equipment so we are raising the Not To Exceed amount to ensure there is an adequate limit for all needs for the remainder of the fiscal year.

STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT
There is sufficient FY2022-23 budget available in the Fire Department's budget to fund this amendment.

For Finance Use Only: General Fund ($106K - Org. 1012501, Obj. 52610, Project B2301 FIRE ACADEMY, $75K - Org. 1012501, Obj. 52610)
212

COMMITTEE OUTCOME
The Community Development, Public Safety and Housing Committee approved 3-0 on 28 February, 2023 to forward the item for Council approval.

Prepared by: Alexander Hamilton, Fire Chief

ATTACHMENTS

1. Increase All Star PO PPT
213

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.10
DATE: March 21st, 2023
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Blanket Purchase Orders No. 32300265 Increase Request for All Star Fire Equipment.

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

DISCUSSION
The Fire Department has an existing BPO for All Star Fire Equipment with a Not To Exceed amount of $200,000. Currently, the department has spent approximately $170,000, primarily for turnouts but also for hoods, helmets, boots and other miscellaneous equipment and supplies. The Fire Department needs to increase the value of this BPO to $400,000 to allow for the purchase of 25 sets of turnouts for the recruit academy scheduled to begin February 21, 2023. Additionally, the department had to remove 15 sets of turnouts from service after they failed their annual inspection. These two purchases will be approximately $181,000. The department will also likely need to purchase fire hose from All Star Fire Equipment so we are raising the Not To Exceed amount to ensure there is an adequate limit for all needs for the remainder of the fiscal year.

FINANCIAL IMPACT
214
There is sufficient FY2022-23 budget available in the Fire Department's budget to fund this amendment.

For Finance Use Only: General Fund ($106K - Org. 1012501, Obj. 52610, Project B2301 FIRE ACADEMY, $75K - Org. 1012501, Obj. 52610)
Prepared by: Alexander Hamilton, Fire Chief

ATTACHMENTS

1. Increase All Star PO PPT
215

FIRE DEPARTMENT
Increasing Blanket PO for
All Star Fire Equipment
Alexander Hamilton, Fire Chief
216
That the City Council authorize the Mayor to execute an amendment to Blanket Purchase Order No. 32300265 with All Star Fire Equipment to increase the Purchase Order by $200,000 for a total amount not to exceed $400,000 for the purchase of structural firefighting Personal Protective Equipment (PPE) or turn outs and fire hose.

RECOMMENDATION
2 217
• In March 2018, the city released an RFB for structural firefighting turnouts.
• Lion manufacturing was the only vendor that responded to the request.
• All Star Fire Equipment is the
sole vendor for Lion turnouts
due to territorial restrictions
• RedZone is the only UL verified
particulate blocking turnout
material.

BACKGROUND
3 218
• The city currently has a not-exceed-amount of $200,000 in this agreement, with $170,000 has been spent so far
• The department needs to order 25 sets of turnouts for the upcoming recruit academy ($113,456.13)
• Additionally the department had to remove 15 sets of
turnouts from service due to damage. This was an
unanticipated expense. ($68,073.68)
• The department anticipates ordering some more hose hence raising the not to exceed amount to $400,000

DISCUSSION
4 219
QUESTIONS?
220

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.11
DATE: March 21, 2023
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Purchase Order with Motorola for $277,438.89 for 25 Radios.

RECOMMENDATION
That the City Council authorize the Mayor to sign a Purchase Order with Motorola Solutions in the amount of $277,438.89 for the purchase of twenty-five (25) APX 8000 all-band portable radios with spare batteries and remote speaker microphones.
(The Community Development, Public Safety and Housing Committee approved 3-0 on February 28, 2023 to forward the item for Council approval.)

BACKGROUND
The Oxnard Fire Department (OFD) dispatch services are provided by Ventura County Fire Protection District (VCFD)Fire Communications Center (FCC). FCC will be transitioning their communications from single band radios to all-band radios in the next two (2) to four (4) years. Additionally, the Oxnard Police Department (OPD) will be transitioning from single band Very High Frequency (VHF) to 800 Megahertz (800MHz) radio communications in the next two (2) to three (3) years. Both of these changes will require OFD to replace all mobile and portable radios to maintain our ability to be dispatched by FCC and maintain operational communications with OPD.

DISCUSSION
Currently, the OFD utilizes the Motorola APX 6000 single-band portable radios and has begun incorporating Motorola APX8000 radios into use. The Motorola APX 8000 all-band portable radios are identical to the APX 6000 radios already in use with the exception of the increased all-band capability. Once FCC completes the transition to a new all-band dispatch system and/or OPD begins using 800 MHz communications, all OFD radios will need all-band functionality to communicate with FCC or OPD. The identical operation of the APX 6000 and APX 8000 will be critical while both radios overlap in service over the next few years. Additionally, the Ventura County Fire Department is also transitioning to the use of APX 8000 handheld radios and will be able to assist with troubleshooting, repairs and programming if needed. Pursuant to City of Oxnard Ordinance Number 2943, adopted June 19, 2018, the use of a “cooperative agreement”, whereby multiple government agencies, cooperative entities, or jurisdictions enter into a contract to procure from each other or to collectively procure a vendor, contractor or consultant is permitted. Twenty Five (25) radios will be purchased from Motorola Solutions based on cooperative agreement pricing provided by Houston-Galveston Area Council (“H-GAC”) contract number RA05-21, valid August 1, 2021 through July 31, 2023. The agreement provides a 27% discount off list prices for participating agencies.

FINANCIAL IMPACT
The cost of twenty-five (25) Motorola APX8000 portable radios is included in the OFD FY22/23 budget.

COMMITTEE OUTCOME
The Community Development, Public Safety and Housing Committee approved 3-0 on February 28, 2023 to forward the item for Council approval.

Prepared by: Alexander Hamilton, Fire Chief

ATTACHMENTS

1. Motorola Solutions Quote 25 APX8000

2. PO for radios PPT
222

CITY COUNCIL AGENDA REPORT

BACKGROUND
The Oxnard Fire Department (OFD) dispatch services are provided by Ventura County Fire Protection District (VCFD) Fire Communications Center (FCC). FCC will be transitioning their communications from single band radios to all-band radios in the next two (2) to four (4) years. Additional, the Oxnard Police Department (OPD) will be transitioning from single band Very High Frequency (VHF) to 800 Megahertz (800MHz) radio communications in the next two (2) to three (3) years. Both of these changes will require OFD to replace all mobile and portable radios to maintain our ability to be dispatched by FCC and maintain operational communications with OPD.

DISCUSSION
Currently, the OFD utilizes the Motorola APX 6000 single band portable radios and has begun incorporating Motorola APX8000 radios into use. The Motorola APX 8000 all-band portable radios are identical to the APX 6000 radios already in use with the exception of the increased all-band capability. Once FCC completes the transition to a new all-band dispatch system and/or OPD begins using 800 MHz communications, all OFD radios will need all-band functionality to communicate with FCC or OPD. The identical operation of the APX 6000 and APX 8000 will be critical while both radios overlap in service over the next few years. Additionally, the Ventura County Fire Department is also transitioning to the use of APX 8000 handheld radios and will be able to assist with troubleshooting, repairs and programming if needed. Pursuant to City of Oxnard Ordinance Number 2943, adopted June 19, 2018, the use of a “cooperative agreement”, whereby multiple government agencies, cooperative entities, or jurisdictions enter into a contract to procure from each other or to collectively procure a vendor, contractor or consultant is permitted. Twenty Five (25) radios will be purchased from Motorola Solutions based on cooperative agreement pricing provided by Houston-Galveston Area Council (“H223 GAC”) contract number RA05-21, valid August 1, 2021 through July 31, 2023. The agreement provides a 27% discount off list prices for participating agencies.

FINANCIAL IMPACT
The cost of twenty-five (25) Motorola APX8000 portable radios is included in the OFD FY22/23 budget.

Prepared by: Alex Hamilton, Fire Chief

ATTACHMENTS

1. Motorola Solutions Quote 1952187

2. Motorola PPT
224
225
226

MOTOROLA SOLUTIONS

PURCHASE ORDER

ALEXANDER HAMILTON,FIRE CHIEF
227

MOTOROLA SOLUTIONS PURCHASE ORDER
RECOMMENDATION:

That the Community Services, Public Safety,
Housing & Community Development Committee
recommend the City Council authorize the Mayor
to sign a Purchase Order with Motorola Solutions
in the amount of $277,438.89.
228

MOTOROLA SOLUTIONS PURCHASE ORDER

BACKGROUND
• OXNARD FIRE DEPARTMENT IS DISPATCHED BY VENTURA COUNTY FIRE DEPARTMENT’S FIRE COMMUNICATIONS CENTER (FCC)
• FCC WILL TRANSFER DISPATCH SERVICES TO ALL-BAND RADIOS WITHIN THE NEXT 2-3 YEARS.
• OXNARD FIRE DEPARTMENT WILL BE REQUIRED TO REPLACE ALL

MOBILE AND PORTABLE RADIOS TO CONTINUE RECEIVING

COMMUNICATIONS FROM FCC
229

MOTOROLA SOLUTIONS PURCHASE ORDER
THE EQUIPMENT:
• MOTOROLA APX 8000XE (25)
• USED BY RESPONDERS ON EVERY EMERGENCY
• MISSION CRITICAL TO SAFE OPERATIONS
230

MOTOROLA SOLUTIONS PURCHASE ORDER
WHY MOTOROLA APX 8000?
• INTEROPERABILITY (VHF, UHF, 700 MHZ)
• REGIONAL STANDARDIZATION
• QUALITY
• USED WITH PREVIOUSLY PURCHASED RADIOS
231

MOTOROLA SOLUTIONS PURCHASE ORDER

PROCUREMENT PROCEDURE
• COOPERATIVE AGREEMENT
• ALLOWABLE PER CITY OF OXNARD ORDINANCE NUMBER 2943
• HOUSTON-GALVESTON AREA CONTRACT RA05-21
• DISCOUNT OF 27%
232

MOTOROLA SOLUTIONS PURCHASE ORDER
QUESTIONS?
233

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.12
DATE: March 21, 2023
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected] SUBJECT: Update on Status and Accomplishments of Current Measure O Projects.

RECOMMENDATION
That the City Council receive and file this report.
(The Measure O Citizen Oversight Committee heard this update at its January 26, 2023, meeting and recommended the item be forwarded to the City Council.)

BACKGROUND
At the March 1, 2023, City Council meeting, staff presented an update on the status of each active Measure O project.

This is the same status report one year later.

DISCUSSION
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 expend 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 more funding.

Many of the Measure O funded programs that were halted during the pandemic resumed in-person activity in 2022 as it became safe to do so. However, the pandemic still influenced project progress in 2022 by causing supply chain delays, materials shortages, and inflation. Despite these challenges, Measure O projects moved forward and progressed well. In the table below are the status updates on all active Measure O funded projects.

Project Name
Expenses as of
1/10/2023
Status Update
on Project
Project
Accomplishments
Ongoing Projects

1. MO5401 - Homework
Center Main Library
$24,060 expended
of the $64,894.00
annual budget.

The
Homework
Center
provided both
digital and inperson
• Over 191 students
have been served.
• Over 134 hours have
been dedicated by
staff to digital
234
homework help.

Digital help was
made available to
K-12 students
during regular
library hours by
appointment via
video
conferencing. Inperson help was
mostly done by
appointment, but
as of November
2022 walk-in
hours were
reestablished.
homework help
through 2022.

2. MO5402 - Library Wi-Fi
Operational
Of the $2,000 annual
budget, no fund has
been expended in
FY23 because this
service was prepaid
in another year.

Wifi provides a
connection point
for both staff and
patrons as the
internal physical
network is old,
close to end of
life, and
unreliable at
times.
• Over 86 digital
programs and
electronic
resources
available to
patrons
• Wifi available to
community at
three library
locations
• 1.8 Terabytes of
data used August
1 through
December 31,
2022 (1TB is
equivalent to 1
million books, 250
2-hour movies, or
213 DVDs.)

3. MO5403 - Library
Integrated System
$21,413 expended of
the $79,315 annual
budget.

Staff have
continued to use
the system
through 2022
with no major
issues. It has
proven stable,
reliable and
efficient and has
been used for
both in-person
and phone patron
transactions.
• Over 95,273
physical items
were checked out
in 2022 via inperson checkout,
a 176% increase
from the previous
year.
• 228 orders of
library materials
were sent to the
library’s material
235
Without an
efficient system,
staff would not
be able to check
out material to
patrons, maintain
item records, add
material ordering
records and
provide
integration with
the public library
catalog.
vendor via the
system.
• Over 6,957 new
items were
cataloged and
added to the
collection in
2022, a 184%
increase from the
previous year.

4. MO5513 - Recreation
Services
No funds have been
expended to date in
FY23, but anticipated
to be fully expended
by the end of FY23.

The annual budget is
$85,735.

Funding supports
after-school
program fixed
costs for 10 local
schools.

Program serves over
1,000 children grades 1-

8. 5. MO5514 - Oxnard
Afterschool
No funds have been
expended to date in
FY23, but anticipated
to be fully expended
by the of FY23. The
annual budget is
$107,673.

Funding supports
after-school
program fixed
cost for 20 local
schools.

Program serves over
1,589 children grades 1-

8. 6. MO5504 - PAL
Operational
$61,547 expended
out of the $209,644.

In 2022, PAL
held:
• PAL
Community
Cinema
(summer): 8
showings at 8
parks for a
total of 3,000
viewers
• Backpack
Distribution:
400
participants
• Meet-Up
Clean-up: 8
parks with a
total of 616
participants
In 2022, Oxnard PAL
program served a total of
8,179 participants. The
PAL site is no longer
being used as a shelter,
and all programs are
anticipated to return to
the facility in February
2023.
236
• PAL Dance
Program: 103
youth
participants
• Turkey
Giveaway
2022:
distributed
500 turkeys
to Oxnard
families
• PAL Santa’s
Workshop:
served 1,589
children
• The annual
Kids Fest
served 2,048
participants
Additionally, 8
Oxnard PAL
youth
participated in
the California
PAL Youth
Leadership
Conference
(Anaheim, CA)
and 4 in the
National PAL
Youth Summit
(Potomac, MD).

7. MO5506 - College Park
Programs
$29,783 expended of
the $115,000 annual
budget.
• Food
Distribution
every
Wednesday
serving 1,500
families
weekly.
• Soccer field
rentals
College Park fields for
soccer reservations
served over 150 soccer
teams aged 6 to 18 years
and 4 adult leagues
serving over 100 adult
teams.

8. MO5507- City Corps
Townkeeper
$330,316 expended
out of $1,321,263
Projects are
scheduled based
on community
needs and
essential
services,
City Corps Townkeeping
crews continued to
provide the citywide
cleanup activities in
2022. For example, over
17,000 pounds of waste
was removed from City
237
including but not
limited to:
• Bus stop
benches
• Downtown
and concrete
trash cans
• Alley clean
up and
maintenance
alleyways in September
and October 2022. In
addition, City Corps also
helped with different
community events such
as festivals and
neighborhood cleanups.

9. MO5508- Preschool to
You
$35,323 expended
out of the $174,304
Preschool to You
classes were
offered from
January to
December 2022
in the mornings
at five parks
throughout the
City. Two
additional classes
were added to
support families
with younger
children: Tot
Imagination
(March - June
2022) ran three
days per week.

Tiny Tots
(September -
October 2022)
ran three days per
week.

Preschool to You has
served 850 youth; Tot
Imagination has served
99 youth; Tiny Tots has
served 264 youth for a
grant total of 1,124 total
youth served, a
significant increase from
the prior year due to the
program resuming postpandemic.

10. MO5501- Mobile
Activity Center Services
$19,683 expended of
the $44,000 annual
budget.
• Spring
Session
services
operated 5
afternoons
per week for
2 weeks at
one location
(Southwinds).
• 5 mornings
per week
were added to
Summer
Session for a
total of 8
In 2022, the mobile
activity center served
306 residents during
Spring Session and 2,455
residents during Summer
Session. A significant
increase due to the
program resuming postpandemic. Much of this
budget is expected to be
expended this summer.
238
weeks at 15
different park
locations.

11. MO5502- Senior
Nutrition Program
$11,619
expended out of the
$40,294 annual
budget.

The City took
over homedelivered meals
in July 2021. In
February 2022,
Senior Centers
reopened and
offered
congregate meals
to seniors. In
January 2023, the
City opened
Colonia Senior
Center as a third
senior nutrition
on-site location.

During Covid,
this program
received an
influx of external
funding.
• In 2022, 20,289
congregate meals
were served.
• In 2022, 24,170
home-delivered
meals were served.
• The City currently
serves 216
homebound seniors
and 206 congregate
participants.

12. MO5505- Day at the
Park - Special Needs
$6,762 expended of
the $16,596 annual
budget.

In 2022, the City
offered:
• Special Pops
Fun Club
(July -
October)
• Art classes (3
6-week
sessions from
JulyDecember)
• Collaboration
with Oxnard
Main Library
for Art
• In 2022, Day at the
Park served 865
participants (plus
286 participants in
the other activities
listed below, for a
total served of 1,151
participants)
• Oxnard Special
Population was held
in-person for all
programming for the
first time since
2020. Virtual art
classes were offered
239
Shows (July
& September)
• Special Pops
Challenger
sports: golf,
football,
Superbowl,
dance,
Special Pops
Day at the
Park, Special
Pops Events
for participants with
medical restrictions.

Programming
included: Day at the
Park, Art Classes,
Gardening, Golf,
Football, Dance, and
Fun Club.
• Special events
offered were: Truck
or Treat, Cars &
Coffee, and Santa’s
Workshop.
• Collaborated with
Oxnard Main
Library for Oxnard
Special Populations
Art Shows and
participated in the
Oxnard Christmas
Parade with Alias
Dance.

13. MO1401 - Spanish
Languages Interpretation
$23,825
expended of the
$57,402 annual
budget.

The vendor
translates all
Council and
Committee
meetings to
Spanish.

In the past, the vendor
translated live in the
Council Chambers as
meetings progressed.

Now, the vendor is
translating the virtual
public meetings.

14. MO4301- Safe Homes
Safe Family
$138,739
expended of the
$362,386 annual
budget.

Due to COVID19, the Safe
Homes Safe
Families Repeat
Offender
Program was put
on hold. The
program resumed
in July of 2022.

Reported cases
from both Fiscal
Year 20/21 and
21/22 were
combined.

The required
annual
inspections can
now resume.
• From July 1, 2022 -
January 1, 2023:
o There are 744 cases
qualified to be
reviewed for the
program.
o Approximately 575
cases were reviewed
with approximately
169 still pending
review.
o Out of those 575 cases,
124 cases had
qualifying factors.
• 15 properties which
include 13 different
property owners are
eligible to be
240
All required
meetings can
now be
scheduled and
resume.
enrolled in the
program.
• This includes an
approximate total of
182 residential units.
• There were 11
potential new
property owners with
a total of 251
residential units that
may qualify if they
have one more
qualifying case.

15. 14IN02- Ormond Beach
Enhancement
$2,194 expended of
the $14,416 annual
budget.

Annual funding
pays for
monitoring,
reporting, and
clearance
required per
coastal
development
permits issued by
the Coastal
Commission.

Funding also
pays for small
amounts of
annual clearing
and cutting by
Oxnard City
Corps of invasive
plants, shrubs,
and trees.

Funding is also
used to pay the
monthly costs for
the rental and
service of
portable
restrooms at
Ormond and
electricity and
maintenance
charges for the
caretaker trailer.

In 2022, the final
vegetation survey and
report were completed,
which focused on
ongoing monitoring and
establishment of the
natives that were planted
and on the regrowth of
the non-natives that were
cut. City Corps
performed one day of
invasive plant removal in
2022 and purchased a
stump grinder to
continue removing any
resprouting stumps of
invasive shrubs and trees
at the site.

16. MO1603- Measure O
Audit
Of the $5,000 annual
budget, no funds have
been expended.

This year (and
going forward)
Measure O
activity was
The Measure O audit is
still in process and
expected to be complete
in the coming months.
241
(Invoice recently
received.)
audited in
conjunction with
the City’s Annual
Comprehensive
Financial Report.

17. MO2209- Fire Advanced
Life Support
$19,423 expended of
the $136,000 annual
budget.

Funds allow the
Fire Department
to provide
advanced life
support services
to the
community. This
is an increase in
service level
from the basic
life support
services
previously
provided.

The funds utilized were
primarily for Personal
Protective Equipment
(PPE) for Emergency
Medical Response. The
balance of these funds
will be expended for the
cost of the paramedic
incentive. Those costs
are moved once a year,
so it will not be reflected
until closer to year end.

Ordinarily, the
department has one
paramedic on duty each
day. During the worst of
COVID, all of our
paramedics were
upstaffed, resulting in a
777% increase in Oxnard
Firefighters doing
Advanced Life Support
(ALS) procedures.

18. MO5101- Homeless
Program
$1,484,261 expended
of the $1,744,749
FY22-23 budget
($1,103,547 in FY22-
23 Budget plus
$641,202 FY21-22
carryover per 6/30/22
Staff Report Item I.6)
Continued
operation of the
homeless 110
bed shelter on K
Street in a Covid
responsive
operation.
• 80 persons served
daily (normally 110,
but currently under
COVID response for
social distancing as
County and State
guidelines have not
relaxed for homeless
shelters).

19. MO2102- 911
System (CAD/RMS)
$181,494 expended
of the $936,029
annual budget.

The New World
Public Safety 911
system is fully
implemented and
is being upgraded
on a regular
basis.

This application supports
the City Council’s stated
priority of maintaining 9-
1-1 emergency response
times through data
integration between the
Public Safety 911
Computer-Aided
Dispatching (CAD)
system and Record
Management System
242
(RMS). This system
allows staff to identify
and separate calls by
type of service or
emergency. This enables
public safety personnel
to service the most dire
of requests in the least
amount of time. To
provide context, the
Police Department
responded to 97,706
incidents in 2022. 293 of
these were emergencies
of the highest priority.

20. MO2101- Enhance
Community Police
$1,742,765 expended
of the
$3,824,743 annual
budget.

The project
timeline is
ongoing and does
not have a
current end date.

Measure O
funding covers
ongoing
personnel
expenses.

This funding continues
to enable the Police
Department to field
officers in our
Neighborhood Policing
Team (NPT). NPT
Officers work to
implement longer term
solutions beyond what
can be solved with a 911
call. They are the
centerpiece of the Police
Department’s annual
goal of community
engagement and have a
positive impact on
response times and
community relations.
• NPT officers assist a
variety of public
safety resources in
addressing problems
related to crime,
traffic, and quality of
life. They also apply
problem-solving
strategies to
locations that are the
subject of
multiple/frequent
police responses.

The long-term
impact is a reduction
in the number of
243
calls for service,
which supports
maintaining/reducing
9-1-1 response
times.
• Homeless Liaison
Officers responded
to over 4,000 calls
for service involving
the homeless
population.
• Increased the
number of beat
coordinators from 9
to 11, which restores
an earlier NPT
model (which had a
beat coordinator in
every beat).
• NPT Officers
coordinated the
fireworks
suppression
campaign from MayJuly to over 300 tips
via the hotline and
email and nearly 200
warning letters were
sent out to prior
offenders.
• NPT Officers handle
quality of life issues
such as Loud
Party/Notice
Complaint followup. Over 350
warning letters were
sent to residences
where officers
responded for loud
parties or
disturbances and
nearly 100 civil
citations were issued
for social host
ordinance violations.
• NPT Officers assist
the Illegal Dumping
244
Task Force to
provide law
enforcement input
regarding this
citywide issue.
• NPT Officers
regularly attend
neighborhood
council meetings,
interacting with
residents while
providing public
safety information,
including reported
crime trends and
prevention tips.
• NPT Officers
provide “crime
prevention through
environmental
design” assessments
to residents and
business owners free
of charge, and upon
request.
• NPT Officers
support a variety of
community
engagement events,
including
community efforts to
raise acceptance for
autism, mental
health awareness,
breast cancer
awareness,
Alzheimer's
awareness, suicide
prevention, and
domestic violence
awareness.

21. MO5702- East Village
Park Operating
Maintenance
$37,332 expended of
the $91,301 annual
budget.

Ongoing general
maintenance and
utilities of East
Village Park.

Ongoing general
maintenance and utilities
of College Park. Funding
pays for five
permanently assigned
FTEs (collectively this
245
park and College Park)
and all operational costs.

22. MO3101- ITS Annual
Maintenance
Of the $35,121
annual budget, no
funds have been
expended.

The City is
upgrading the
Centralized
Traffic Signal
System via
another CIP.

Meanwhile, this
project improves
signal timing and
performs
equipment
replacement at
needed locations
to help maintain
the 165 signal
locations in the
City.

In 2022, utilizing
different funding
(including a grant),
Signal Maintenance
responded to and
completed 99 signal
requests received
through the Oxnard 311
system.

23. MO3102- Alley &
Roadway Repair
$166,877 expended
and $200,357
encumbered out of
the $501,672
annual budget.

Ongoing
maintenance of
alleys and street
repairs and
maintenance.
• Beginning of 2022:
responded to 286
locations that needed
road repairs.
• Between January 1,
2022, and December
15, 2022, we used
1,709 tons of hot
asphalt that covered
approximately
227,149 sq. ft.

24. MO5701- College Park
Maintenance
$320,908 expended
of the $838,524
annual budget.

Ongoing general
maintenance and
utilities of
College Park.

Ongoing general
maintenance and utilities
of College Park. Funding
pays for five
permanently assigned
FTEs (collectively this
park and East Village
Park) and all operational
costs.

Ongoing and One-Time Debt Service

25. MO2108- Dispatch
Consoles
$153,719 expended
of the $320,426
annual budget.

Project
completed in
March 2021. This
is the ongoing
debt service for
these console
Project completion
included the installation
of seven new dispatch
console systems and the
required staff training.
246
systems. The
debt maturity
date is 3/30/2025.

26. MO2203- Fire Station 8
Lease Debt
Of the $1,390,869
annual budget,
$1,110,443 was
expended in
This is an
ongoing lease
payment for Fire
Station 8. The
debt maturity
date is 12/1/2031.

Fire Station 8 normally
houses 10 personnel
every day. Additionally
this station houses an
Urban Search & Rescue
(USAR) vehicle and
equipment. It is an
invaluable resource to
south end residents.

27. MO2207- Fire Trucks $110,214 expended
of the $229,739
annual budget.

This is an
ongoing lease
payment for two
fire engines. The
debt maturity
date is 3/30/2025.

The two engines were
placed into service in
December 2019. They
are currently protecting
residents in Council
District 4 (from Fire
Station 1) and in Council
District 1 (from Fire
Station 6). In 2022, E61
responded to 3,295
requests for service. E66
responded to 2,698
requests for service.

28. MO2208- Handheld
Radios
$26,103 expended of
the $54,412 annual
budget.

Radios were
purchased on the
2018 Bank of
America Lease
Purchase line of
credit and were
deployed in
FY18. This is the
ongoing debt
service for these
radios. The debt
maturity date is
3/30/2025.

Over 100 new portable
radios were purchased
and deployed to
Firefighters. These
radios are in service and
continue to be used on a
daily basis in the City.

These radios provide
clearer communication
channels allowing our
first responders to more
efficiently address calls
for service and leading to
decreased loss of life and
property.

29. MO3103- 2014 Lease
Service Street Bond
Of the $1,666,750
annual budget, no
funds have been
expended to date in
FY23.

This is a debt
payment on
previous jobs.

The debt
Construction was
completed in November
2022 for Phase 2 of La
Colonia Neighborhood
for street resurfacing,
247
maturity date is
6/1/2029.
and staff is working with
the contractor to
schedule the
improvements for the
final phase (Phase 3) of
La Colonia
Neighborhood.

30. MO2215 - Station 8
Bonds 2014 - Reserve
$1,750,000
appropriated in FY23
in addition to
standard annual
payment of
$1,390,869.

A one-time
payment of
$1,750,000 in
addition to
standard annual
payment of
$1,350,869,
which will allow
the City to pay
down the bond
debt early and
result in interest
savings.

The balance of the
Station 8 bond debt will
be repaid in FY 23/24.

One-Time Projects

31. MO5511- New Senior
Center
$70,762 expended
out of a $93,250 onetime budget.

Feasibility study
completed in
March 2022.

Due to internal staffing
capacity and competing
priorities this project has
not moved to the design
phase. Additional
funding is also needed
for the RFP for design
and construction
documents.

32. MO4302- Tenant
Relocation Assistance
No funds have been
expended out of a
$20,000 one-time
budget.

No funds have
been expended to
date; the Safe
Homes Safe
Family program
kicked off in July
2019 and no
requests for
assistance have
been submitted
as of December
2022.

Funds are available for
use as needed.

33. MO8101- Economic
Development Strategy
No funds have been
expended out of a
This project is
on-hold pending
the Community
Staff has continued to
provide resources and
support to local
248
$25,000 one-time
budget.

AssessmentStaff
is in the process
of writing a
request for
proposals (RFP)
to hire a
consultant that
can study the
post-COVID
commercial
landscape,
perform a
leakage and gap
analysis, and
create a three to
five year
strategic plan that
will guide staff in
setting economic
development
priorities.
businesses as they
recover from COVID
and continue to struggle
with a shortage of
workers and the cost of
inflation. In addition to
creating a “job seeker”
email list of over 2,700,
staff collaborated with
Oxnard College and the
West Ventura County
Business Alliance to
hold job fairs with local
employers and worked
with Amazon in
recruiting and hiring
Oxnard residents. Staff
has begun to draft an
RFP, which will be
issued in the first quarter
of 2023, to hire a
consultant.

34. MO5102- Homeless
Shelter Acquisition
$3,294 expended and
$1,463,948
encumbered out of a
$1,550,000 one-time
budget.

Second and B
Streets shelter/
mixed use
development
began
construction in
June 2022.

Construction of the
building shell is being
funded by other funding
sources. The City will
use Measure O funds for
the tenant improvements
for the homeless shelter
anticipated to be
completed in spring
2024.

35. MO2111- Roof
Replacement - Sturgis
Annex
$21,357 expended
out of a $1,025,000
one-time budget.

Plans and
specifications
completed by a
design
professional.

Designs
approved and
awaiting
approval for
permitting.

Lowest bidder has been
selected, and item will
proceed to City Council
for award of contract
soon. Construction will
begin shortly thereafter.

Construction is
anticipated to be
completed by Summer
2023.

36. MO5516- Roof
Replacement - Wilson
Center
$20,570 expended
out of a $400,000
one-time budget.

Plans and
specifications
completed by a
design
professional.

Designs
Bid is opening on
1/25/23 and will proceed
to City Council on
3/7/23. Construction will
commence shortly
thereafter and be
249
approved and
awaiting
approval for
permitting.
completed by the end of
Summer 2023.

37. MO5602- Roof
Replacement - PACC
Rental
$238 expended out of
a $295,000 one-time
budget.

Plans and
specifications
completed by a
design
professional.
(MO5602 also
has $250,000

TAB HERO
funding.)
Designs
approved and
awaiting
approval for
permitting.

Bid is opening on
1/25/23 and will proceed
to City Council on
3/7/23. Construction will
commence shortly
thereafter and be
completed by the end of
Summer 2023.

38. MO5509- Colonia Gym
Facilities Repairs
$12,332 expended of
a $18,000 one-time
budget
Resurfacing of
gym floor is
complete.

Remaining funds
will be used for a
bottle refill
station, new gym
wall pads in areas
directly behind
each basketball
hoop, and other
similar items that
make the Colonia
Gym more
functional and
safe.

Project to be completed
by June 2023.

39. MO5404 - Library Tech
Infrastructure Upgrade
No funds have been
expended of
$450,000 one-time
budget.

This is an
additional
allocation of
funds to project
MO5402 -
Library Wi-Fi
Operational, but
has its own
project name and
number. Project
funds will
implement new
design,
architecture and
These funds were
allocated on October 27,
2022. This project is tied
to a funded ARPA
project that is in the
planning phase.
250
equipment to
establish a
reliable and
secure system for
the library’s
technological
infrastructure and
platforms.

40. 215709 - 12 Alleyways $2,250,000 one-time
budget
Resurfacing of
badly
deteriorated
alleys in the
Fremont North
neighborhood.

This project was
completed in November
2022; however, final
accounting tasks remain.

41. MO7302 - IT Equip
Refresh/Upgrades
$300,000 one-time
budget
Not started.

Project replaces
old, outdated
equipment to
improve the
functionality and
increase the
City’s cyber
resilience and
security.

Project not yet started.

The above table was compiled using expenses as of January 10, 2023.

Completed Projects
Since January 2022, the following four projects have been completed and removed from the above list. All four of the following projects completely spent down their Measure O funding and were closed.

1. MO2213 – Fire Station Alert System (one time). Fire Stations 4 and 6 now have an up-to-date, reliable alerting system for emergency response incidents. The upgraded alert system announces more information to the personnel in the station. It also has a large clock/timer so personnel can ensure they meet the City’s performance goal of leaving the station within 60 seconds of an emergency response notification.

2. MO5515 – Roof Replacement of the Colonia Gym (one time). The roof was replaced for both the gym and the youth center to prevent damage to the structure and equipment.

3. MO5712 – Tree Mortality Event Response (one time). The project removed 476 hazardous dead and/or dying trees in the City.

4. MO5710 – Tree Trimming Services Program (one time). Staff utilized the funding to eliminate the backlog of 2,700 trees that needed to be trimmed.

Weaned Project
As of July 1, 2022, the following project has been weaned entirely from Measure O to the General Fund. That means it has been removed from the above list, the Measure O project has been closed (but the work continues in the General Fund), and no further Measure O funds are being expended for this purpose.

1. MO2201 – Fire Station 8 Operations (ongoing). The City operates the College Park Headquarters Fire Station Number 8 located on 3.1 acres on the southeast corner of South Rose Avenue and East Channel Islands 251
Boulevard. The four-apparatus bay station contains 13,036 square feet with living quarters. The station has an engine company, a truck company and a battalion chief for a staff of eight firefighters per work shift with a total of 24 firefighter positions. This is a stand-alone station that has its own fueling and emergency power systems and is designed to be an essential public safety building. Measure O paid both for operations and the lease debt payment for this fire station; operations have since been transferred to the General Fund, and the balance of the Station 8 bond debt will be repaid in the coming few years.

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 of this update.

COMMITTEE OUTCOME
The Measure O Citizen Oversight Committee heard this update at its January 26, 2023, meeting and recommended the item be forwarded to the City Council.

Prepared by: Shiri Klima, Deputy City Manager

ATTACHMENTS
None
252

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: March 21, 2023
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: TEFRA Hearing - Casa Aliento Apartments. (15 minutes)

RECOMMENDATION
That the City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing regarding the issuance of tax-exempt bond financing not to exceed $22,000,000 by the California Statewide Communities Development Authority (CSCDA) for the benefit of Casa Aliento, LP, to provide financing for the acquisition, construction, improvement, and equipping of a 70- unit multifamily rental housing project located at 1245 North Oxnard Boulevard, known as Casa Aliento Apartments (Bonds).

2. Adopt a resolution approving the issuance of the Bonds by the CSCDA. (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/lrR3NoWkkRE

BACKGROUND

PURPOSE
Casa Aliento, LP. (the “Borrower”) has requested that the California Statewide Communities Development Authority (“CSCDA”) serve as the municipal issuer of tax-exempt multi-family housing revenue bonds in an aggregate principal amount not to exceed $22,000,000 (the “Bonds”). The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable the Borrower to finance the acquisition, construction, improvement and equipping of a 70- unit affordable multifamily housing rental project located at 1245 Oxnard Blvd., Oxnard, California (the “Project”), which will be owned and operated by the Borrower. On November 30, 2022 the project received an award of private activity bond allocation from the California Debt Limit Allocation Committee. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance

DISCUSSION
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Oxnard (“City”) must conduct a public hearing (the “TEFRA Hearing”) providing the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Adoption of the resolution is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA), the Internal Revenue Code and the California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the 253
financing of the Project. A public notice was published in the Vida Newspaper on February 16, 2023.

CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the California State Association of Counties ("CSAC"). CSCDA was created by the League and CSAC in 1988 to enable local government and eligible private entities access to low-cost, tax-exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. CSCDA is comprised of more than 530 members, including the City of Oxnard. CSCDA has issued more than $70 billion through 1,800+ financings since 1988 and consistently ranks in the top 10 of more than 3,000 nationwide public issuers of tax-exempt debt, as measured by annual issuance amount.

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
There is no fiscal impact to the City. The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Public Notice.v2

2. Resolution.v2

3. PowerPoint Presentation
254

NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF EXEMPT FACILITY

BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR CASA ALIENTO

APARTMENTS
NOTICE IS HEREBY GIVEN that, on Tuesday, March 21, 2023 at 6:00 p.m., or as soon thereafter as the matter can be heard, the City Council of the City of Oxnard (the “City”) will conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), at which it will hear and consider information concerning a proposed plan of financing providing for the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $22,000,000 in outstanding aggregate principal amount, to finance or refinance the acquisition, rehabilitation and development of a multifamily rental housing project located at 1245 North Oxnard Boulevard, Oxnard, California. The facilities are to be owned by Casa Aliento, LP (the “Borrower”) or a partnership of which Community Development Partners (the “Developer”) or a related person to the Developer is the general partner (the “Project”).

Written comments may be submitted via email by 3:00 P.M. on the day of the meeting to [email protected] or mail to City of Oxnard at 300 West 3rd Street, 4th Floor, Oxnard, California 93030 Attention: City Clerk. If you plan to attend the hearing, staff suggests that you contact the City Clerk’s Office at (805) 385-7803 the Thursday prior to the scheduled date to confirm that the hearing has not been rescheduled.

Beginning at 6:00 p.m., Spectrum Channel 10, Frontier Channel 35 will televise and broadcast the meeting at which the public hearing will be conducted. For further information, contact Emilio Ramirez, City of Oxnard Housing Department, 435 South “D” Street, Oxnard, CA 93030 at (805) 385-8096.

CITY CLERK

CITY OF OXNARD
255

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING

THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES

DEVELOPMENT AUTHORITY OF EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT FOR CASA ALIENTO APARTMENTS
WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the “Agreement”), among certain local agencies throughout the State of California, including the City of Oxnard (the “City”), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and
WHEREAS, Casa Aliento, LP or a partnership of which Community Development Partners (the “Developer”) or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $22,000,000 in outstanding aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, rehabilitation and development of a multifamily rental housing project located 1245 North Oxnard Boulevard, Oxnard, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, the Bonds are required to be approved by the “applicable elected representative” of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and
WHEREAS, the members of this City Council (this “City Council”) are the applicable elected representatives of the City; and
WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and
WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and
WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds 256
Resolution No.

Page 2 ends

which financed the Project (the “Refunding Bonds”), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitutes approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any fund whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby.

Section 6. This resolution shall take effect immediately upon its passage.

ADOPTED by the City Council of the City of Oxnard at a regular meeting of said Council held on the 21st day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
257
Resolution No.

Page 3 ends

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
258

TEFRA HEARING FOR STATE BOND

ISSUANCE
Casa Aliento
Emilio Ramirez, Director
Housing Department
City Council
March 21, 2023
259

1. Developer applying for issuance of $22,000,000 of tax-exempt MultiFamily Housing Revenue Bonds from California Statewide Communities Development Authority (CSCDA)

2. Purpose: finance the development, construction and equipping of rehabilitation of Casa Aliento Apartments, an 70-unit multi-family rental housing facility for low-income households

3. Public Hearing under Tax Equity Fiscal Responsibility Act (TEFRA) required when State Bonds are sought for construction or rehabilitation of housing

4. TEFRA Hearing to provide for community input on bond issuance hosted by City Council of city where project is located

5. Bonds are issued by CSCDA (not by local government)
2 TEFRA HEARING
260

1. When completed, Project will provide 70 affordable housing units

2. Motel conversion of former Vagabond

3. Bonds issued by state CSCDA

4. No City financial obligation or liability arising from state bond issuance

5. Sole obligation of the City of Oxnard relative to the bond issuance is to host TEFRA hearing to receive public comment

6. Developed by Community Development Partners
3 CASA ALIENTO APARTMENTS
261
That the City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of Casa Aliento, LP, to provide financing for the acquisition, construction, improvement, and equipping of a 70-unit multifamily rental housing project generally known as Casa Aliento Apartments.

2. Adopt a resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $22,000,000, for the benefit of Casa Aliento, LP, to provide financing for the acquisition, construction, improvement, and equipping of a 70-unit multifamily rental housing project generally known as Casa Aliento Apartments.
4 RECOMMENDATIONS
262

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.2
DATE: March 21, 2023
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: TEFRA Hearing - Vintage at Lockwood Apartments. (15 minutes)

RECOMMENDATION
That the City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing regarding the issuance of tax-exempt bond financing not to exceed $75,000,000 by the California Statewide Communities Development Authority (CSCDA) for the benefit of Vintage at Lockwood, LP, to provide financing for the acquisition, construction, improvement, and equipping of a 341-unit multifamily rental housing project located at Outlet Center Drive & Lockwood Street known as Vintage at Lockwood Apartments (Bonds).

BACKGROUND

PURPOSE
Vintage at Lockwood, LP. (the “Borrower”) has requested that the California Statewide Communities Development Authority (“CSCDA”) serve as the municipal issuer of tax-exempt multi-family housing revenue bonds in an aggregate principal amount not to exceed $75,000,000 (the “Bonds”). The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable the Borrower to finance the acquisition, construction, improvement and equipping of a 341-unit affordable multifamily housing rental project located at Outlet Center Drive & Lockwood Street, Oxnard, California (the “Project”), which will be owned and operated by the Borrower. On November 30, 2022 the project received an award of private activity bond allocation from the California Debt Limit Allocation Committee. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance.

DISCUSSION
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Oxnard (“City”) must conduct a public hearing (the “TEFRA Hearing”) providing the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Adoption of the resolution is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA), the Internal Revenue Code and the California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected 263
representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. A public notice was published in the Vida Newspaper on February 16, 2023.

FINANCIAL IMPACT
There is no fiscal impact to the City of Oxnard. The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds.

The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Public Notice.Vintage.v2

2. Resolution.Vintage.v2

3. PowerPoint Presentation
264

NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF EXEMPT FACILITY BONDS FOR A

QUALIFIED RESIDENTIAL RENTAL PROJECT FOR VINTAGE AT LOCKWOOD APARTMENTS NOTICE IS HEREBY GIVEN that, on Tuesday, March 21, 2023 at 6:00 p.m., or as soon thereafter as the matter can be heard, the City Council of the City of Oxnard (the “City”) will conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), at which it will hear and consider information concerning a proposed plan of financing providing for the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $75,000,000 in outstanding aggregate principal amount, to finance or refinance the acquisition, construction and development of a senior multifamily rental housing project located at 2001 Outlet Center Drive & 2152 Lockwood Street, Oxnard, California. The facilities are to be owned by Vintage at Lockwood, LP (the “Borrower”) or a partnership of which Vintage Housing Development, Inc. (the “Developer”) or a related person to the Developer is the general partner (the “Project”).

Those wishing to comment on the proposed financing or refinancing and the nature and location of the Project may attend the hearing at Council Chambers, 305 West Third Street, Oxnard, California or submit written comments, which must be received by the City prior to the hearing. Written comments may be submitted via email by 3:00 P.M. on the day of the meeting to [email protected] or mail to City of Oxnard at 300 West 3rd Street, 4th Floor, Oxnard, California 93030 Attention: City Clerk. If you plan to attend the hearing, staff suggests that you contact the City Clerk’s Office at (805) 385-7803 the Thursday prior to the scheduled date to confirm that the hearing has not been rescheduled.

CITY CLERK

CITY OF OXNARD
265

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING THE

ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT

AUTHORITY OF EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL

PROJECT FOR VINTAGE AT LOCKWOOD APARTMENTS
WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the “Agreement”), among certain local agencies throughout the State of California, including the City of Oxnard (the “City”), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Vintage at Lockwood, LP or a partnership of which Vintage Housing Development, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $75,000,000 in outstanding aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction and development of a senior multifamily rental housing project located at 2001 Outlet Center Drive & 2152 Lockwood Street, Oxnard, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, the Bonds are required to be approved by the “applicable elected representative” of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and
WHEREAS, the members of this City Council (this “City Council”) are the applicable elected representatives of the City; and
WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and
WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the “Refunding Bonds”), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; 266
Resolution No.

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 6. This resolution shall take effect immediately upon its passage.

ADOPTED by the City Council of the City of Oxnard at a regular meeting of said Council held on the 21st day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:
267
Resolution No.

Page 3 ends

Stephen M. Fischer, City Attorney
268

TEFRA HEARING FOR STATE BOND

ISSUANCE
Vintage at Lockwood
Emilio Ramirez, Director
Housing Department
City Council
March 21, 2023
269

1. Developer applying for issuance of $75,000,000 of tax-exempt MultiFamily Housing Revenue Bonds from California Statewide Communities Development Authority (CSCDA)

2. Purpose: finance the development, construction and equipping of rehabilitation of Vintage at Lockwood Apartment, an 341-unit multifamily rental housing facility for low-income households

3. Public Hearing under Tax Equity Fiscal Responsibility Act (TEFRA) required when State Bonds are sought for construction or rehabilitation of housing

4. TEFRA Hearing to provide for community input on bond issuance hosted by City Council of city where project is located

5. Bonds are issued by CSCDA (not by local government)
2 TEFRA HEARING
270

1. When completed, Project will provide 341 affordable housing units

2. New construction

3. Bonds issued by state CSCDA

4. No City financial obligation or liability arising from state bond issuance

5. Sole obligation of the City of Oxnard relative to the bond issuance is to host TEFRA hearing to receive public comment
3 VINTAGE AT LOCKWOOD APARTMENTS
271
That the City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of Vintage at Lockwood, LP, to provide financing for the acquisition, construction, improvement, and equipping of a 341-unit multifamily rental housing project generally known as Vintage at Lockwood Apartments.

2. Adopt a resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $75,000,000, for the benefit of Vintage at Lockwood, LP, to provide financing for the acquisition, construction, improvement, and equipping of a 341-unit multifamily rental housing project generally known as Vintage at Lockwood Apartments.
4 RECOMMENDATIONS
272

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.3
DATE: March 21, 2023
TO: Housing Authority
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: 5-Year Public Housing Agency(PHA) Plan, Annual Agency Plan and Capital Fund Program Five-Year Action Plan for Low Rent Public Housing. (10 minutes)

RECOMMENDATION
That the Board of Commissioners for the Housing Authority of the City of Oxnard:

1. Conduct a public hearing to receive comments concerning the fourth year of the 5-Year PHA Plan, the 2023 Capital Fund Budget, and the Capital Fund Five-Year Action Plan; and

2. Adopt a resolution:
a. Approving the 2023 Annual Agency Plan, 5-Year PHA Plan for the Housing Authority; b. Authorizing and directing the Chairman to execute the Department of Housing and Urban Development Public Housing Agency Certification Compliance Form certifying the Housing Authority’s compliance with HUD’s policies and procedures;
c. Authorizing the Housing Director to execute and submit all reports, documents and all other certifications required to comply with policies and procedures of the Department of Housing and Urban Development regarding the Annual Agency Plan and the 5-Year PHA Plan;
d. Approving the 2023 Capital Fund Budget and Capital Fund Five-Year Action Plan; and e. Authorizing the Housing Director to accept and expend the funds as indicated in the 2023 Capital Fund Budget and Capital Fund Five-Year Action Plan.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 14, 2023 to approve the staff recommendation and to forward the item for Council approval.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/pNVGm1VMH20

BACKGROUND
The Quality Housing and Work Responsibility Act of 1998 (the Act) requires Oxnard Housing Authority to submit a 5- Year PHA Plan and an Annual Agency Plan. The purpose of the 5-Year PHA Plan and Annual Agency Plan, along with the program policies for the Public Housing Program (Admissions and Continued Occupancy Policy) and the Housing Choice Voucher Program (Administrative Plan), is to provide a framework for local accountability, along with an easilyidentifiable source document where public housing residents,housing voucher participants, and members of the public may locate basic information regarding a housing authority’s policies, rules and regulations and services provided by the 273
agency.

The 5-Year PHA Plan covers fiscal years 2020-2025 and the Annual Agency Plan covers fiscal year 2023. Updates must be submitted to the Department of Housing and Urban Development at least seventy-five days prior to the beginning of each fiscal year, and must include certifications that each Plan is consistent with the City of Oxnard’s Consolidated Plan and in accordance with Housing and Urban Development requirements.

DISCUSSION
The 5-Year PHA Plan and Annual Agency Plan identify the Oxnard Housing Authority’s goals and objectives that will enable Oxnard to serve the needs of low-income, very low-income, and extremely low-income families. The current 5- year PHA Plan was adopted in fiscal year 2020. Revisions, new activities, progress towards goals and objectives, and updates are outlined in the Annual PHA Plan (Attachment 1). The proposed revisions include a significant amendment to the Housing Choice Voucher Administrative plan and undertaking new activities related to conversion of public housing to project-based rental assistance or project-based vouchers and applying for new project-based voucher allocations.

These activities were provided for in the 5-Year PHA Plan.

Adoption of a limited homeless preference to the Housing Choice Voucher Administrative Plan The Department of Housing and Urban Development’s regulations (24 CFR 982.207) permit PHAs to establish local preferences based on local housing needs and priorities. The addition of a homeless preference was discussed with the Resident Advisory Board (RAB) in 2021 and contemplated in the 2022 Annual Plan. Since then, Staff has again discussed this preference with the RAB and presented the concept to Council Committee and the full Council in 2022. The proposed change will allow for applicants who meet the definition of “homeless” to be eligible for the homeless preference. The revision to the Housing Choice Voucher Administrative Plan will be as follows:

Homeless Limited Preference (1 point)
Applicants and families who meet the definition of “homeless” will be eligible for the homeless preference. A certification of homelessness completed by a homeless services provider is required. The OHA limits the number of families that qualify for the homeless preference to fifteen (15) families annually. Once the OHA is serving fifteen (15) families in a given year, and one family leaves the program, the next family on the waitlist who meets the preference criteria will be served.

Undertaking of new activities related to conversion and project-based vouchers In June 2020, the Oxnard Housing Authority (OHA) launched a yearlong effort “Rethink and Renew” to identify opportunities to streamline operations, improve customer service, modernize public housing units, expand programs, and close budget deficits. As part of the effort, the Department of Housing and Urban Development (HUD) provided technical assistance and assigned CVR Associates, Inc. (CVR) to conduct a thorough assessment and develop a repositioning plan to transition the OHA’s public housing portfolio to a Section 8 project-based subsidy. CVR is a national, full-service management-consulting firm that provides services to public and private entities in the affordable housing industry. The term “repositioning” refers to the removal of a property from the Public Housing subsidy platform either through Rental Assistance Demonstration Program, Section 18 Demolition/Disposition, Streamlined Voluntary Conversion or the Section 32 Homeownership Program and replacing it with Section 8 assistance. Moving towards a Section 8 projectbased subsidy provides a more stable stream of subsidy, is more conducive to raising debt and equity, and allows OHA to leverage funding for rehabilitation of its units. This strategy does not reduce the number of units in the inventory but rather ensures its long-term preservation by changing the funding source. In October 2021, CVR issued a formal report to the staff with a suggested implementation and phasing strategy for implementing repositioning strategies over a five-year period (see Attachment 2). In fiscal year 2022, the OHA focused on training, capacity building, procedural development, and workflow process modifications to increase management efficiencies, effectiveness, and overall program compliance.

This step is necessary to prepare for the implementation of any repositioning strategies.

For the 2023 Annual PHA plan, the OHA will begin the process of moving the repositioning activities forward. This will include procuring the appropriate firms and consultants for the completion of a physical needs assessment for each individual property, a financial analysis on the impact on both the development proformas and annual operating budget for each strategy option, environmental reviews, and development of a multiphase asset repositioning plan. The OHA has 274
begun discussions with public housing residents regarding preliminary repositioning plans and will continue to engage all stakeholders to ensure concerns and requirements are addressed. Any conversion strategy adopted will require the OHA to submit an application for HUD approval.

In addition to activities related to the public housing program, the OHA will undertake efforts to identify and apply for new voucher allocations for project-based voucher activities. The project-based voucher is subsidized housing assistance that is tied to a specific unit. The target population will be determined by HUD’s notice of funding availability and interest from affordable housing developers. The goal is to increase the number of affordable housing units available to low-income families.

Capital Fund Budget and Capital Fund Program 5-Year Action Plan Besides any proposed revisions and new activities, the last component of the Annual Agency Plan and the 5-Year PHA Plan has to do with the adoption of an annual Capital Fund budget as well as a Capital Fund Program 5-Year Action Plan.

The primary purpose of the Capital Fund Program is to preserve and maintain the integrity of the Oxnard Housing Authority’s public housing stock and to fund necessary improvements. For the coming fiscal year, the Oxnard Housing Authority is presenting a budget of $1,538,180 for the Capital Fund Program activities. The final capital fund amount that the OHA will be awarded is yet to be determined as it is based on congressional appropriation. An estimated $441,180 of the budget is allocated towards debt repayment (principal and interest payment for 2004 capital fund revenue bond) and $357,000 towards administrative expenses. The remaining $740,000 is being used towards capital improvements, specifically, the American with Disabilities Act 504-conversion project and improvements necessary in preparation for real estate assessment center (REAC) inspections. The 504-conversion project refers to a multi-phase conversion project that will bring the Oxnard Housing Authority into compliance with the American with Disabilities Act. These regulations establish a minimum number of dwelling units that must be accessible for individuals with disabilities. As a result of the demolition of units in the 31-1 (Colonia Village), the Oxnard Housing Authority is deficient in 24 accessible units. The units have been selected from each project site based on ease of conversion, availability of space and cost effectiveness.

In fiscal year 2023, the conversion of the units within the Althea Court and Fashion Park Place projects will take place.

Besides the 504-conversion project, the OHA will be inspecting all public units and making any necessary improvements to ensure they meet REAC requirements. REAC inspections are completed by HUD every 1 to 3 years to ensure public housing and multifamily housing properties meet federal inspection standards. The proposed annual Capital Fund Program (CFP) budget and CFP Five-Year Action plan are set forth in Attachments 3 and 4. 5-Year PHA Plan, Annual Agency Plan and Capital Fund Program Process A copy of the proposed Annual Agency Plan, the 2023 CFP Budget, and CFP Five-Year Action Plan is posted on Oxnard Housing Authority’s website, at all Oxnard Housing Authority’s site offices and the City Clerk’s Office. The opportunity for suggestions or recommendations from the public was made available for public comment on December 1, 2022 for forty-five days (closed January 14, 2023).

The Oxnard Housing Authority conducted a public meeting on December 1, 2022 and January 26, 2023 and staff presented to the Resident Advisory Board (RAB) at those meetings and responded to inquiries from Resident Advisory Board members and others. The RAB consists of Tenant Commissioners, public housing residents, and housing choice voucher program participants. The RAB provides comments, suggestions, and feedback to the OHA.The following verbal questions were received during the meetings (summarized):

Comment: Is the homeless preference for the same program that has been in existence for many years? Response: The preference is related to the same program. There has been a homeless set aside program in place for the past 7 years. The existing program allows for 15 vouchers to be designated for homeless individuals and families per year. Due to the way the program was set up, there is no mechanism in place that allows staff to identify eligible applicants in an efficient manner. Additionally, it is not possible to open the waitlist specifically for this program once the existing waitlist has been exhausted and there are vouchers remaining. By adopting a preference, there will be a mechanism to identify eligible applicants and the OHA will be able to open the waitlist for this preference, if needed.This preference was proposed to the RAB in 2021 and temporarily adopted, in accordance with the waivers published by the Department of Housing and Urban Development under Notice PIH 2021-14 (HA), as a response to the COVID pandemic.

The temporary waivers have expired; therefore, the OHA is proposing to formally adopt the preference to the Housing 275
Choice Voucher Program Administrative Plan.

Comment: Can the capital fund be used to paint the interior of all public housing units? Response: A portion of the Fiscal Year 2023’s Capital Fund Budget is going towards repairs and improvements needed in preparation for inspections that the Department of Housing and Urban Development is conducting. If a unit requires painting due to normal wear and tear, it will be completed. In addition, public housing residents need to report their requests for their individual units by placing a work order. The unit will be assessed to determine corrective action.

FINANCIAL IMPACT
This item has no impact on any City fund. The approval of the recommended action will enable the Oxnard Housing Authority to obtain various Housing and Urban Development funds, including approximately $1,538,180 under the Capital Fund. Adoption of the 5-Year PHA Plan and the Annual Agency Plan is required for the Oxnard Housing Authority to receive the funds set forth in the Capital Fund Program Budget and Capital Fund Program Five-Year Action Plan.

COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 14, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Annual PHA Plan for 2023

2. CVR Associates, Inc. Report

3. CFP Budget 2023

4. CFP Five Year Action Plan

5. PowerPoint Presentation

6. Resolution (5)
276
Streamlined Annual
PHA Plan
(High Performer PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024

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Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HP is to be completed annually by High Performing PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, HCV-Only PHA, Small PHA, or Qualified PHA do not need to submit this form.

Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments.
(2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

A. PHA Information.

A.1 PHA Name: Oxnard Housing Authority PHA Code: CA 031 PHA Type: High Performer
PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2023
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 520 Number of Housing Choice Vouchers (HCVs) 1,904 Total Combined 2,424
PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans.

PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia
No. of Units in Each Program
PH HCV
Lead PHA:

N/A
A copy of the PHA plan is located on the Oxnard Housing Authority's website:
https://www.oxnard.org/city-department/housing/agency-plan-reports/ 277

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B. Plan Elements
B.1 Revision of Existing PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA since its last Annual PHA Plan submission? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Homeownership Programs.

Safety and Crime Prevention.

Pet Policy.

Substantial Deviation.

Significant Amendment/Modification
(b) If the PHA answered yes for any element, describe the revisions for each element below:

Administrative Plan significant amendment: Adopting a homeless limited preference. Applicants and families who meet the definition of “homeless” will be eligible for the homeless preference. A certification of homelessness completed by a homeless services provider is required. The PHA limits the number of families that qualify for the homeless preference to fifteen (15) families annually. Once the PHA is serving (15) families under the preference in a given year, and one family leaves the program, the next family on the waitlist who meets the preference criteria will be served. (c) The PHA must submit its Deconcentration Policy for Field Office Review.

The PHA’s deconcentration policies are listed on Chapter 4-Applications, waiting list and tenant selection of the Admissions and Continued Occupancy Policy and the Housing Choice Voucher Administrative Plan which are available online:
https://www.oxnard.org/city-department/housing/section-8/admin-plan/ https://www.oxnard.org/city-department/housing/public-housing/acop/ B.2 New Activities.
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N
Hope VI or Choice Neighborhoods.

Mixed Finance Modernization or Development.

Demolition and/or Disposition.

Conversion of Public Housing to Tenant Based Assistance.

Conversion of Public Housing to Project-Based Rental Assistance or Project-Based Vouchers under RAD.

Project Based Vouchers.

Units with Approved Vacancies for Modernization.

Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project-based units and general locations, and describe how project basing would be consistent with the PHA Plan.

The PHA plans on taking the preliminary steps to begin repositioning activities. This will include procuring the appropriate firms and consultants for the completion of a physical needs assessment for each individual property, a financial analysis on the impact on both the development pro formas and annual operating budget for each strategy option, environmental reviews, and development of a multiphase asset repositioning plan.

The PHA has almost reached the 20% program cap for conversion of tenant-based vouchers to projectbased vouchers. The goal is to pursue funding opportunities that are for project-based voucher allocations that can be excluded from the program cap.
278

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B.3 Progress Report.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5-Year Plan.

SEE ATTACHMENT B.3 Progress Report
B.4. Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan in EPIC and the date that it was approved.

See Capital Fund 5 Year Action Plan in EPIC approved by HUD June 7, 2022.

B.5 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit? Y N

(b) If yes, please describe:

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan?
Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

SEE ATTACHMENT C.1(b) RAB Comments
C.2
Certification by State or Local Officials.

Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3 Civil Rights Certification/Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Form 50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.4 Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. 279

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(a) Did the public challenge any elements of the Plan?
Y N

If yes, include Challenged Elements.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1
Affirmatively Furthering Fair Housing.

Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal N/A – PHA has not received request to submit an AFH at this time.

The Oxnard Housing Authority will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal 280

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Instructions for Preparation of Form HUD-50075-HP
Annual Plan for High Performing PHAs
A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR §903.23(4)(e)) PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements.

B.1 Revision of Existing PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box.

If an element has not been revised, mark “no."
Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant-based assistance waiting lists based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR §5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR §903.7(a).

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) Deconcentration and Other Policies that Govern Eligibility, Selection and Admissions. Describe the PHA’s admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA’s policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. 24 CFR §903.7(b) Describe the PHA’s procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists. 24 CFR §903.7(b) A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR §903.7(b) Describe the unit assignment policies for public housing. 24 CFR §903.7(b) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)
Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal 281

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Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d) Homeownership Programs. A description of any homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. For years in which the PHA’s 5-Year PHA Plan is also due, this information must be included only to the extent that the PHA participates in homeownership programs under section 8(y) of the 1937 Act. (24 CFR §903.7(k) and 24 CFR §903.12(b).

Safety and Crime Prevention (VAWA). A description of: 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR §903.7(m)(5)) Pet Policy. Describe the PHA’s policies and requirements pertaining to the ownership of pets in public housing. (24 CFR §903.7(n)) Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. For modifications resulting from the Rental Assistance Demonstration (RAD) program, refer to the ‘Sample PHA Plan Amendment’ found in Notice PIH-2012-32 REV-3, successor RAD Implementation Notices, or other RAD Notices.

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b)) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements or discretionary policies in the current Fiscal Year, mark “yes” for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark “no.” HOPE VI. 1) A description of any housing (including project name, number (if known) and unit count) for which the PHA will apply for HOPE VI; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI is a separate process. See guidance on HUD’s website at: https://www.hud.gov/program_offices/public_indian_housing/programs/ph/hope6 . (Notice PIH 2011-47) Mixed Finance Modernization or Development. 1) A description of any housing (including name, project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD’s website at:
https://www.hud.gov/program_offices/public_indian_housing/programs/ph/hope6/mfph#4 Demolition and/or Disposition. With respect to public housing only, describe any public housing development(s), or portion of a public housing development projects, owned by the PHA and subject to ACCs (including project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition approval under section 18 of the 1937 Act (42 U.S.C. 1437p); and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA’s last Annual and/or 5-Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. Approval of the PHA Plan does not constitute approval of these activities. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/demo_dispo/index.cfm. (24 CFR §903.7(h)) Conversion of Public Housing under the Voluntary or Mandatory Conversion programs. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD’s website at:
http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR §903.7(j)) Conversion of Public Housing under the Rental Assistance Demonstration (RAD) program. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to Project-Based Assistance or Project-Based Vouchers under RAD. See additional guidance on HUD’s website at: Notice PIH 2012-32 REV-3, successor RAD Implementation Notices, and other RAD notices.

Project-Based Vouchers. Describe any plans to use HCVs for new project-based vouchers. (24 CFR §983.57(b)(1)) If using project-based vouchers, provide the projected number of project-based units and general locations and describe how project-basing would be consistent with the PHA Plan.

Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR §990.145(a)(1).

Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.7(r)(1)) B.4 Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR §903.7 (g)). To comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan in EPIC and the date that it was approved.

PHAs can reference the form by including the following language in the Capital Improvement section of the appropriate Annual or Streamlined PHA Plan Template: “See Capital Fund 5 Year Action Plan in EPIC approved by HUD on XX/XX/XXXX.” 282

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B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))
C. Other Document and/or Certification Requirements
C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

D. Affirmatively Furthering Fair Housing.

D.1 Affirmatively Furthering Fair Housing.

The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless , the PHA will address its obligation to affirmatively further fair housing by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year and Annual PHA Plan. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 7.02 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 283
Attachment B.3
Progress Report: PHA Goals and Objectives for 5-Year Plan Fiscal Years 2020-2025

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HUD Strategic Goal #1: Advance Economic Opportunity
PHA Goal One: Expand the supply of assisted housing.

Objective: Apply for additional tenant based, project based, and special purpose vouchers Progress: The Oxnard Housing Authority’s (OHA) Veterans Affairs Supportive Housing (VASH) voucher allocation has increased by 25 additional vouchers for a total of 77. The OHA was awarded 40 Mainstream Vouchers and 46 Emergency Housing Vouchers. An additional allocation of 14 Housing Choice Vouchers were also awarded. An interest letter was submitted to HUD expressing interest in the Stability Voucher Program and plan on applying for vouchers, if approved.

Objective: Development of additional rental housing
Progress: Las Cortes, Inc. a non-profit corporation was established with the purpose of creating affordable housing. To date, phase I and phase II of the Las Cortes project have been completed which involved the demolition and replacement of 260 public housing units.

Currently, phase III of the project is in the planning phase which will result in additional rental housing units. The OHA is working in partnership with several developers constructing or rehabilitating affordable projects, to project base vouchers. This action will increase the number of low-income families who receive subsidized housing assistance but are successful in locating a unit.

Objective: Decrease Public Housing Vacancy Rate
Progress: Public Housing vacancy rate was sustained. The units designated for conversion to comply with the Department of Housing and Urban Development’s ADA-Section 504 regulation, were not factored. The units will be taken offline as they are vacated.

Objective: Increase Housing Choice Voucher Budget Utilization Progress: Utilization rate was impacted by the restrictions and challenges presented by the COVID-19 pandemic. For example, offices were closed to the public, stay at home orders were in place throughout the fiscal year, and staff capacity was reduced by 50%. In FY 2022, the OHA contracted NanMckay and Associates Inc. to provide the temporary staffing support necessary to address work backlogs. Three simultaneous efforts are underway to increase utilization: the increase of the Payment Standard (maximum amount of rent paid for a unit on the Section 8 program) to 110% of the fair market rents published by the Department of Housing and Urban Development (agencies pay between 90% to 120% based on their local rent market needs); acceptance of rent increases (rent increases were halted during the pandemic); and efforts to increase the number of new vouchers issued.

Objective: Create a Housing Navigation team
Progress: Housing Locator position was created to provide field-based housing location services to program participants. The Housing Locator works closely with participants and their case workers in the rental process. The Housing Locator maintains and coordinates communication, between participants, landlords, property managers, case workers, community partners, and staff. In addition, a partnership with Ventura County United Way was established to leverage the various landlord incentive programs for homeless individuals and families they offer which in turn helps OHA’s voucher holders to secure units.
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PHA Goal Two: Expand Family Self-Sufficiency (FSS) Program Objective: Increase program participation
Progress: Fiscal years 2020 and 2021 presented a challenge to the OHA’s efforts to increase FSS program participation. Offices were closed to the public making it necessary to move towards on-line recertifications. In fiscal year 2022, HUD published mandated updates to the FSS program which resulted in a temporary suspension of new admissions to the program. The OHA shifted focus to completing the necessary legwork to ensure the program meets compliance requirements and that all policies and procedures are up to date with new federal regulations. Staff is also working on educating program participants on the new changes. The OHA will shift its focus to new admissions upon completion of transition of any existing participants who wish to enter into a new contract.

Objective: Expand the scope and types of services offered to participants. For example: job training and educational programs that will increase self-sufficiency and income generation Progress: Efforts had been placed on hold due to COVID-19 restrictions. However; the OHA worked with community partners to bring COVID-19 related relief and assistance programs to participants and residents. The OHA partnered with the Ventura County Credit Union and the Housing Authority of the City of San Buenaventura to offer money management workshops (virtually). The OHA is also working on a Memorandum of Understanding with the Oxnard Adult School to offer ESL Classes and Digital Literacy courses for public housing residents and program participants. In FY 2022, the OHA launched its scholarship program and awarded 3 scholarships to youth who are pursuing a higher education and live in Public Housing or their household is part of the Section 8 program. College preparation workshops are also offered in partnership with Oxnard College and California State University Channel Islands.

Objective: Build new partnerships with employers and service providers Progress: Efforts have been negatively impacted due to COVID-19 restrictions in place. However; the OHA partnered with Amazon to host multiple job fairs in 2021. The OHA partnered with Embassy Suites by Hilton, Boys & Girls Clubs of Greater Oxnard and Port Hueneme, Gold’s Gym, and the United States Census 2020 to host a community wide job fair in 2020. In 2022, the OHA partnered with Southwest Carpenters, who will be offering paid apprenticeships, with employment guarantee, at no cost to interested Section 8 and Public Housing program participants.

Objective: Revamp marketing efforts
Progress: Efforts have been placed on hold until all COVID-19 restrictions are lifted. However; electronic and mailers continue to be sent.

Objective: Increase progress meetings with program participants Progress: Virtual and telephone meetings are held with program participants, however; staff has now begun holding one on one meetings with program participants. 285

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PHA Goal Three: Supportive Services for Residents
Objective: Resident Opportunities and Self-Sufficiency (ROSS) program Coordinator to expand coordination of self-sufficiency services to each project site Progress: Efforts have been placed on hold until all local COVID-19 restrictions are lifted.

However; a community survey is being completed to gather the necessary data on the needs of each project site and to identify activities that will have the greatest impact in helping residents increase self-sufficiency. All new efforts described under PHA Goal two for the Family Self Sufficiency (FSS) program have been launched in collaboration with the ROSS program coordinator.

Objective: Increase collaboration between ROSS and FSS activities Progress: ROSS activities have been focused primarily on coordinating programs and services that assist residents and program participants to navigate the impact of COVID-19. As the pandemic has begun to subside, the activities hosted by the ROSS program are being reinitiated. The FSS program coordinator is working closely with the ROSS program coordinator to promote collaboration of new activities.

Objective: Leverage capacity with resident advisory board teams to increase participation and outreach
Progress: This objective was on hold due to COVID-19 restrictions. In January 2023, the OHA began efforts to increase resident participation in the resident advisory board and is holding elections to fill vacancies within each tenant association. The tenant associations are made up of public housing residents who work in partnership with the OHA to identify and address the needs of residents. Once in-person meetings are resumed, participation is expected to increase.

HUD Strategic Goal #2: Reduce Homelessness
PHA Goal One: Increase percentage of admissions to mainstream housing programs Objective: Apply for Mainstream Vouchers
Progress: The OHA was awarded 40 vouchers.

Objective: Establish partnerships with local Health and Human Service Agencies Progress: The OHA is working in partnership with the Ventura County Human Services Agency.

Objective: Partner with Community Service Agencies throughout the Ventura county that offer homeless programs
Progress: The OHA hired a full-time Homeless Assistance Program Coordinator who is working with community service agencies to provide an array of services to our homeless population. For example, OHA partnered with the Ventura County and Salvation Army to implement a “One Stop” program that provides services in areas frequented by nonhoused homeless individuals.

Objective: Collaborate with Ventura County’s Continuum of Care to establish a referral system Progress: The OHA has established a referral system with the Ventura County’s Continuum of Care agency.
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PHA Goal Two: Set Aside Homeless Voucher Program
Objective: Increase utilization of homeless set aside vouchers Progress: Homeless Services Coordinator position has been filled and a Housing Navigation Locator position has been created. The issuance of homeless set aside vouchers was decreased due to the decreased capacity that has stemmed from COVID-19 restrictions in place. However; in FY2022, all vouchers were issued or committed. The OHA is seeking new funding opportunities to increase the allocation of vouchers.

Objective: Establish MOU with Supportive Services Provider Progress: The OHA has established a referral system with the Ventura County’s Continuum of Care agency. In addition, the OHA is working with United Way of Ventura County to explore possibilities of increasing supportive services through their homelessness initiatives.

Objective: Develop a plan to move homeless applicants from shelter to permanent housing Progress: The OHA is currently working with Ventura County, the Salvation Army, the Ventura County Workforce Development Board and the Ventura County’s Continuum of Care to establish a program that will move individuals from homelessness to permanent housing via the use of Mainstream vouchers, Veterans Affairs Supportive Housing (VASH) vouchers, and Homeless set aside vouchers.

PHA Goal Three: VASH Program
Objective: Increase utilization of Veterans Affairs Supportive Housing (VASH) vouchers Progress: The OHA is working with the U.S. Department of Veterans Affairs’ regional office to discuss ways in which referrals can be increased for the VASH program. In addition, the OHA has committed vouchers to new developments that will serve the Veteran population. The OHA has less than 10 vouchers available.

Objective: Increase collaboration efforts with local VA clinic to identify eligible Veterans Progress: The OHA is working with U.S. Department of Veterans Affairs’ regional office includes reaching out to the local VA clinic to increase referrals.

PHA Goal Four: Build a Navigation Center
Objective: Increase street outreach and case management Progress: The OHA hired a Homeless Assistance Program Coordinator dedicated to coordinate both street outreach and case management. In partnership with the Salvation Army, street outreach services have been expanded throughout the OHA’s jurisdiction.

Objective: Lead the operation of the city owned navigation center Progress: Construction of Navigation Center began in FY 2022.

Objective: Establish partnerships with recuperative care, supportive service, and permanent housing providers
Progress: The OHA has established partnerships with multiple community service providers to assist in the efforts of connecting homeless individuals with supportive services. For example, the “One Stop” program which brings services to areas that are frequented by non-housed homeless individuals. The OHA also launched an encampment response plan to address a large homeless encampment site. A variety of services are being offered onsite including: hygiene services, outreach, and case management. 287

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HUD Strategic Goal #3: Enhance Rental Assistance
PHA Goal One: Transition public housing to a more sustainable platform Objective: Expand the rehabilitation of existing housing Progress: Improvements to public housing units include:
• Rehabilitation of exterior walls for OHA’s turn key units (Projects located on Fremont, Althea, Hill, Fashion Park, Concord and Cuesta Del Mar) which included scrapping all peeling paint, filling in cracks, paint exterior walls, fascia and all exterior doors as well as carport posts and trash enclosures; the removal and replacement of all cracked concrete in backyard patios • Flooring replacement for the Felicia project (100 units located on Felicia Court) • Toilet sensor project for the Felicia project (100 units located on Felicia Court) and the Colonia project (70 units located on Colonia Road) which involved installation of toilet sensors to detect leaks or running toilets • Kitchen cabinet replacement project for the Palm Vista Project (100 units located at 801 S. C St) which included the replacement of cabinets, plumbing fixtures, sink and range hood
• Boiler replacement project for the Plaza Vista Project (100 units located at 401 S. C St) which included replacement of both heater and domestic hot water heater boilers, holding tank, and all plumbing up to the walls • Alley way pavement repairs for the Fashion Park project (24 units located on Fashion Park Place)
• Replaced all of the common area lighting with LED light fixtures for both Palm Vista Project (100 units located at 801 S. C St) and the Plaza Vista Project (100 units located at 401 S. C St)
• Replaced fire sprinklers for both Palm Vista Project (100 units located at 801 S. C St) and the Plaza Vista Project (100 units located at 401 S. C St) • Painted the interior common walls/hallways for the both Palm Vista Project (100 units located at 801 S. C St) and the Plaza Vista Project (100 units located at 401 S. C St)
Currently, the OHA is working on:
• Replacing the electrical panels and drain lines at the Plaza Vista Project (100 units located at 401 S. C St)
• Two construction phases of the 504-compliance project (this project refers to number of units the OHA must have in its inventory that have been adapted to meet the needs of disabled persons) will be completed in the first quarter of calendar year 2023, specifically 2 units at the Pleasant Valley project (5191 and 5201 Squires Drive) are being split to 4 accessible units and 5 units at the Palm Vista (located at 801 S. C St.) project will be modified.

Objective: Increase value of OHA’s real property asset portfolio Progress: The OHA will continue monitoring the private market for opportunities to expand its current property asset portfolio. In fiscal year 2022, the OHA increased its portfolio by acquiring a 4-unit apartment complex located at 1250 Azalea St, a 4-unit apartment complex located at 2051 Mariposa St, and a single-family residence located at 3139 S. J St. All of the units are leased by low income families. 288

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Oxnard City CouncilMarch 21, 2023

Oxnard City Council
March 21, 2023